Senate's SAVE Act Would Force Extensive Recordkeeping

WASHINGTON — Following passage of a related House bill in May, two U.S. senators have introduced legislation that could have a significant impact on online adult sites by imposing extensive recordkeeping requirements for adult advertising.

Last week, Sens. Dianne Feinstein and Mark Kirk  introduced the Senate version of the Stop Advertising Victims of Exploitation (SAVE) Act that would create federal criminal liability for online content publishers who host ads related to child trafficking. 

SAVE, with its focus on web platforms like Backpage.com that offers sexual services and personal ads, would make it a federal crime to host an advertisement that "facilitates or is designed to facilitate" sex acts with anyone under 18 years old.

The bill introduces extensive requirements, similar to the 18 U.S.C. 2257 recordkeeping rules for adult producers, that would broadly implicate advertising network service providers, including third-party brokers of online or wireless advertising who offer banners, sponsorships, email, keyword searches and slotting fees.   

Hosts of online adult ads would be required to review ads before publication and obtain a government-issued photo ID from the person who created the ads and any people appearing in them.

The piece of legislation also would require a valid telephone number and credit card number from those persons and "prohibit the use of euphemisms and codewords" in ads, as well as outlaw the use of prepaid debit cards or cryptocurrencies in placing paid ads.

Recordkeeping of those individuals would need to be maintained for a minimum of seven years and operators would have to make them "available to the [U.S.] Attorney General, any designee of the Attorney General, the attorney general of a state, and any designee of the attorney general of a state for inspection at all reasonable times."

Failure to maintain records or making false entries would result in five-year sentences and fines starting at $250,000 per violation. Repeat offenders could get up to 15 years and $500,000 fines.

Violators also could have their real or personal property seized and forfeited; gross proceeds also would be subject to seizure.

The bill's broad language could effectively put a crimp in every aspect of online advertising or social networking, including the self-promotion of adult performers who use Twitter, Instagram or Facebook.

It also could be problematic for user-generated content, including adult tube sites, that host high volumes of content and have little to no control over what users decide to upload.

The Center for Democracy and Technology said that the Senate version of SAVE raises several concerns, including new potential liabilities and unintended consequences for third parties.

"Intermediaries who host users’ content will be faced with a wide and difficult-to-define range of content that may pull them into the bill’s criminal liability provisions," the group said.

Further, operators of online classified ad sites would have a strong disincentive to create categories for “adult” ads or to do any sort of pre-screening of user-uploaded content, in order to avoid obtaining knowledge that they are hosting adult advertising.

Operators also would be likely to take down any content that is reported to them as being an adult advertisement, rather than risk prosecution for continuing to host flagged content.

"This would essentially result in a de facto notice-and-takedown regime for adult content, and would create a potentially powerful heckler’s veto mechanism for individuals seeking to suppress other users’ speech," the group said.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Announces 2024 Board of Directors Nominees

The Free Speech Coalition has announced the nominees for its 2024 Board of Directors election.

Lisa Ann Guests on Chaturbate's 'Sex Tales' Podcast

Lisa Ann is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

Bluesky Verification Service 'BSky Verified' Launches

"And Now We Drink" podcast host Matt Slayer has launched BSky Verified, a third-party service that vets adult performers, content creators and other notable people and provides a customized domain for handles on the Bluesky social media platform.

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia for September and October.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

Show More