> Mickelwait, however, says there was a “fatal flaw in that they put a download button on every video.” Under current law, any site that transfers pornographic content is responsible for verifying the age of the people in it.
> “Because they had a download button that actually transfers from their servers onto the devices of millions — I think it was up to 130 million a day in 2020 — of visitors to the site, they have been responsible this whole time for record keeping. So what that means is they violated the criminal code of the United States millions of times, tens of millions of times,” she says.
Is this actually true? How is streaming not transferring under the law?
Edit: This article is also interesting in that it characterizes Mickelwait as a "human rights activist" without mentioning Mickelwait basically being the COO of Exodus Cry, which is an anti-gay/abortion/LGBTQ group among other things.
> How is streaming not transferring under the law?
I'm not sure if this has been tested in courts, but there seems to be a legal theory that a streaming function corresponds to broadcasting (only creating transient copies, if any, by default) while a download function corresponds to publication (creating a permanent copy by default). I'm not sure which definitions apply to 2257, but US copyright law says that copies are "material objects [...] in which a work is fixed". So if your system is only designed to transfer into volatile/transient storage, you can apparently argue that you're not responsible for creating copies. I suspect a similar distinction is being made here.
> Edit: This article is also interesting in that it characterizes Mickelwait as a "human rights activist" without mentioning Mickelwait basically being the COO of Exodus Cry, which is an anti-gay/abortion/LGBTQ group among other things.
This kind of laundering is common in opinionated outlets, and ostensibly neutral ones aren't immune either. Keep an eye out for sources being described with phrases like "concerned parent" or "concerned resident", for example.
This is straight out of Silicon Valley the show, when they're giddy to see their daily active users skyrocket, only to realize that it's become a pedophile haven and they're liable for billions of dollars in back fines.
> “Because they had a download button that actually transfers from their servers onto the devices of millions — I think it was up to 130 million a day in 2020 — of visitors to the site, they have been responsible this whole time for record keeping. So what that means is they violated the criminal code of the United States millions of times, tens of millions of times,” she says.
Is this actually true? How is streaming not transferring under the law?
Edit: This article is also interesting in that it characterizes Mickelwait as a "human rights activist" without mentioning Mickelwait basically being the COO of Exodus Cry, which is an anti-gay/abortion/LGBTQ group among other things.