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October 21, 2023

Aylo Threatens Legal Action Against 'Pornhub Tapes' Group

LOS ANGELES—The journalists behind the so-called "Pornhub Tapes" series of investigative videos have been threatened with legal action by counsel retained by Pornhub's parent company, Aylo (formerly MindGeek).  Arden Young, one of the journalists from Sound Investigations, posted screenshots on X of the letter sent to her group by Ryan G. Baker, a partner and co-founder of the law firm Waymaker LLP.  "Sound Investigations...has posted multiple videos on X (formerly Twitter) in which Aylo employees Dillon Rice and Mike Farley were surreptitiously recorded without their consent and under false pretenses," the letter states. "The videos have been posted on YouTube. These videos of private intimate conversations are highly misleading, heavily edited, and violate the rights of my clients."  He then demands that "[Sound Investigations] remove these videos from X, YouTube, and any other website on which they may have been posted."  Baker adds that his firm is investigating and exploring a legal remedy to address Sound Investigations' "misconduct in recording and posting the videos." In response, Young posted to her X account that she and her colleagues have no interest in complying with the letter. "We will not back down," reads Young's post. "We will continue our releases of undercover videos exposing [Pornhub] and its parent company, MindGeek/Aylo." AVN has reported previously that an Aylo spokesperson has called the videos misleading.  The second release in the Pornhub Tapes followed an inquiry letter by predominately conservative attorneys general from 26 U.S. states seeking clarification over Aylo's trust and safety protocols.  AVN reported that Aylo's compliance team would return the inquiry from the attorneys general by the requested deadline outlined in the letter. The attorneys general also insinuated that Pornhub doesn't take CSAM prevention and reporting seriously. Pornhub and its affiliated properties report voluntarily to the National Center for Missing and Exploited Children’s (NCMEC) CyberTipline program. The Aylo subsidiary responsible for managing Pornhub and its sister tube sites, MG Freesites (now Aylo Freesites), reported more than 2,000 cases of potential CSAM to the CyberTipline program in 2022. Caseworkers at NCMEC also only sent one takedown notification and removed it within a day. The third release in the Pornhub Tapes questions virtual pornography, which is protected speech under the First Amendment, per the U.S. Supreme Court decision in Ashcroft v. Free Speech Coalition. "Virtual pornography" or "virtual child pornography" is where a young-looking adult performer can star in or produce pornography highlighting their age-defying features.  In that case, the high court said that a 1996 law prohibiting CSAM and child pornography, even simulated or virtual child pornography, broadly violated the First Amendment rights of industry professionals. The letter from Aylo's attorney to Sound Investigations appears below:

 
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