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Videos of minors. Illegal data collection. Lack of oversight. Lawsuits. Problems have dogged the popular porn site for years. Is its promise of transparency enough for a reset?
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Tag: content moderation
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The Sticky Dilemmas of Pornhub’s Next Chapter
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Trump FCC Pick Brendan Carr Wants to Be the Speech Police. That’s Not His Job
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“What he can do and wants to do is use his bully pulpit to bully companies that moderate content in a way he doesn’t like,” says Evan Greer, director of Fight for the Future, a digital rights advocacy group. “And if he continues to do that, he’s very likely to run smack into the First Amendment, which, contrary to misconception, is the real thing that protects online speech.” Section 230 protects social media companies from being sued over the content users post on their platforms, while the First Amendment explicitly bars the government from interfering in someone’s ability to exercise free speech. Over the summer, the Supreme Court ruled that a company’s moderation decisions are protected under the First Amendment.
As for Section 230, the Supreme Court may have just made it more difficult for administrative agencies like the FCC to reinterpret it to their liking. Over the summer, the Supreme Court overturned Chevron v. Natural Resources Defence Council (NRDC), a decision that had allowed for government agencies to independently interpret their authorities. With the Chevron deference made mute, it could be an uphill battle for the FCC to make its own interpretations of the law.
“Agencies are basically losing the ability to interpret how they can enforce when language is vague in the statute,” says Lewis. “Section 230’s language is actually very short and very straightforward and has no FCC action attached to it.” If Carr decided to issue a rule modifying Section 230, it would likely be met with legal challenges. Still, Republicans currently control all three branches of government and could either rule in the administration’s favor or pass new legislation putting the FCC as the top cop on the beat.
Trump has tried to deputize the FCC into policing online speech before. In 2020, Trump signed an executive order instructing the FCC to begin a rule-making process to reinterpret when Section 230 would apply to social platforms like Facebook and Instagram. The Center for Democracy and Technology, which receives funding from big tech companies, challenged the order as unconstitutional, saying that it unfairly punished X, then known as Twitter, “to chill the constitutionally protected speech of all online platforms and individuals.”
Months later, the FCC general counsel Tom Johnson published a blog post arguing that the agency has the authority to reinterpret the foundational internet law. A few days after that, then-FCC chairman Ajit Pai announced that the agency would move forward on a rule-making process, but no rule was ordered before President Joe Biden’s inauguration, giving Democrats control over agency decisions.
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Telegram Founder Pavel Durov Charged Over Alleged Criminal Activity on the App
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Telegram CEO Pavel Durov is forbidden from leaving French territory after being charged for complicity in running an online platform that allegedly enabled the spread of sexual images of children, creating an uncertain future for the messaging app that has become one of the world’s biggest social media platforms.
Durov was arrested on Saturday at 8 pm local time after his private jet landed at an airport near Paris. He was then detained for four days as part of an investigation into alleged criminal activity taking place on Telegram. On Wednesday evening, local time, he was indicted and forbidden from leaving the country, according to a statement released by the Paris Prosecutor. He was released under judicial supervision, the statement said, must post a €5 million ($5.5m) bail and report to a police station in France twice a week.
The Telegram founder was placed under formal investigation for a range of charges related to child sexual abuse material, drug trafficking, importing cryptology without prior declaration as well as a “near-total absence” of cooperation with French authorities, Laure Beccuau, the Paris Prosecutor, said on Wednesday.
French authorities noted an “almost total lack of response from Telegram to legal requests,” Beccuau noted. “This is what led JUNALCO [the National Jurisdiction for the Fight against Organized Crime] to open an investigation into the possible criminal liability of this messaging service’s executives in the commission of these offenses,” she said. The preliminary investigation began in February 2024 and initial investigations were coordinated by the OFMIN, an agency set up to prevent violence against minors, her statement added.
“It is absurd to claim that a platform or its owner is responsible for the abuse of that platform,” Telegram said on Sunday, before Durov was charged. The platform, which has 900 million active users, did not immediately respond to a request for comment to the charges.
Since his arrest, both the UAE and Russia have requested consular access to Durov, who has citizenship in both countries. It’s unclear why Durov, who also obtained a French passport after leaving Russia, was in France. “I don’t take holidays,” he said on his Telegram channel in June.
Russia has claimed, without evidence, that Durov’s arrest is an attempt by the United States to exert influence over the platform via France. “Telegram is one of the few and at the same time the largest Internet platforms over which the United States has no influence,” Vyacheslav Volodin, the chairman of Russia’s State Duma, the lower house of parliament, said on the app.
France’s president, Emmanuel Macron, said on Monday that Durov’s detention is “in no way a political decision.” “It is up to the judiciary, in full independence, to enforce the law,” he added in a post on X. The European Commission tells WIRED the arrest was conducted under French criminal law and is not connected to new European regulation for tech platforms. “We are closely monitoring the developments related to Telegram and stand ready to cooperate with the French authorities should it be relevant,” a spokesperson says, declining to be named.
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Pavel Durov’s Arrest Leaves Telegram Hanging in the Balance
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“Civil society has had a complicated relationship with Telegram over the years,” says Natalia Kapriva, a lawyer at the digital rights group Access Now. “We have defended Telegram against attempts by authoritarian regimes to block and coerce the platform into providing encryption keys, but we have also been raising alarms about Telegram’s lack of human rights policies, reliable channel of communication, and remedy for its users.” Kapriva stresses that French authorities may try to force Durov to provide Telegram’s encryption keys to decrypt private messages, “which Russia has already tried to do in the past.”
The hashtag #FreePavel has been spreading online, including via X’s CEO, Elon Musk, who has posted numerous times about Durov’s arrest. “POV: It’s 2030 in Europe and you’re being executed for liking a meme,” he wrote on Saturday night in response to a post about the Telegram CEO’s detention. “The need to protect free speech has never been more urgent,” Robert F. Kennedy Jr., who on Friday endorsed Donald Trump for US president, wrote on X, where he referred to Telegram as “uncensored” and “encrypted.”
While Telegram is frequently described as an encrypted messaging app, messages are not end-to-end encrypted by default, and senior executives previously told WIRED that they view the platform as a social network. This is largely due to Channels—an one-to-many broadcast feature that allows unlimited subscribers to view posts.
One of the posts that has gained the most traction on X was by right-wing former Fox News journalist Tucker Carlson, who alluded to the oft-repeated but debatable story that Durov left Russia because the government tried to take over his company. “But in the end, it wasn’t Putin who arrested him for allowing the public to exercise free speech. It was a western country,” Carlson wrote in a post that has so far been viewed at least 5.7 million times. Carlson also linked to an hour-long interview he did with Durov earlier this year, one of the first and only interviews the Telegram CEO has given in recent years.
In Durov’s absence, Telegram’s future looks uncertain to some: “I am in shock, and everyone close to Pavel feels the same,” says Georgy Lobushkin, former head of PR at VK, a social network Durov cofounded, who is still in regular contact with Durov. “Nobody was prepared for this situation.” Asked if he worried about Telegram’s future and who could run the company in Durov’s absence, Lobushkin says: “[I] worry a lot.”
TF1Info, which first broke the news in France of Durov’s arrest, reported that it was “beyond doubt” that Durov would remain in custody during the investigation. “Pavel Durov will end up in pretrial detention, that’s for sure,” one unnamed investigator told reporters.
“No one in Telegram was prepared for such a scenario,” says Anton Rozenberg, who worked with Durov from the early days of VK in 2007, before working for Telegram from 2016 to 2017. Rozenberg foresaw Durov acquiring the best legal defense money could buy. “But without him, the messenger may have huge problems with management, all crucial decisions and even payments,” he added, given Durov’s personal involvement in running the company. Rozenberg saw no obvious replacement for Durov, who makes key decisions on nearly all matters at Telegram—financing, development strategies, product design, monetization, and content moderation policy.
For now, everything can be expected to continue as normal, says Elies Campo, who directed Telegram’s growth, business, and partnerships from 2015 to 2021. “Depending on how long this is going to last, it’s like a government, right? There’s this structure, there’s self-momentum.” Campo adds that the company’s staff is small enough—around 60 employees—that the infrastructure won’t be affected.
The challenge, Campo concedes, would be if Durov needs to be physically present to pay providers—something Rozenberg also flagged.
“As far as I know, Pavel did the payments,” Campo says. “So what’s going to happen when there needs to be some payments for infrastructure providers, or providers in terms of connectivity—and he’s still under arrest?”
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