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In a setback for Visa in a case alleging the payment processor is liable for the distribution of child pornography on Pornhub and other sites operated by parent company MindGeek, a federal judge ruled that it was reasonable to conclude that Visa knowingly facilitated the criminal activity.
On Friday, July 29, U.S. District Judge Cormac Carney of the U.S. District Court of the Central District of California issued a decision in the Fleites v. MindGeek case, denying Visa’s motion to dismiss the claim it violated California’s Unfair Competition Law — which prohibits unlawful, unfair or fraudulent business acts and practices — by processing payments for child porn.
In the ruling, Carney held that the plaintiff “adequately alleged” that Visa engaged in a criminal conspiracy with MindGeek to monetize child pornography.
...
In a statement, a Visa spokesperson said: “Visa condemns sex trafficking, sexual exploitation and child sexual abuse materials as repugnant to our values and purpose as a company. This pre-trial ruling is disappointing and mischaracterizes Visa’s role and its policies and practices.
No - Visa's practices are NOT mischaracterized. They are enabling child prostitution knowingly.
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It would probably be better if the suit didn't extend to Visa. If the payment companies can't be considered neutral, they'll be roped in to all sorts of censorship efforts. Well, maybe too late anyway.
It's perfectly well to be against child exploitation (I am, for the record), but I'd be wary things done in the name of fighting it.
In a setback for Visa in a case alleging the payment processor is liable for the distribution of child pornography on Pornhub and other sites operated by parent company MindGeek, a federal judge ruled that it was reasonable to conclude that Visa knowingly facilitated the criminal activity.
On Friday, July 29, U.S. District Judge Cormac Carney of the U.S. District Court of the Central District of California issued a decision in the Fleites v. MindGeek case, denying Visa’s motion to dismiss the claim it violated California’s Unfair Competition Law — which prohibits unlawful, unfair or fraudulent business acts and practices — by processing payments for child porn.
In the ruling, Carney held that the plaintiff “adequately alleged” that Visa engaged in a criminal conspiracy with MindGeek to monetize child pornography.
...
In a statement, a Visa spokesperson said: “Visa condemns sex trafficking, sexual exploitation and child sexual abuse materials as repugnant to our values and purpose as a company. This pre-trial ruling is disappointing and mischaracterizes Visa’s role and its policies and practices.
No - Visa's practices are NOT mischaracterized. They are enabling child prostitution knowingly.
shades of the walmart suit here....they lost that one too. But I strongly doubt anyone anywhere it going to come up with evidence that they openly engaged or encouraged the eploitation of minors. It just doesnt work that way (5 yrs experience at VISA for US message gateway speaking)
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Can we sue the federal reserve for issuing the cash that is used in illegal transactions? This ruling is a major overreach by an ultra conservative judge. It basically encourages credit card companies to not process any transactions with pornography hosting websites, or else they could face fines and penalties.
Laws have consequences. In this case, a “morally-superior” judge has imposed his morally-righteous views on everyone. This is the antithesis of personal freedom and privacy.
Also: let me make it clear: anyone involved in child exploitation should 100% absolutely face criminal charges.
But, Visa and other credit card companies should not be indirectly forced by the government to police their credit card users/holders. The government is just being lazy and does not want to do their own job of investigating, tracing, and prosecuting illegal child exploitation themselves directly.
This ruling is a major overreach by an ultra conservative judge.
"Ultra conservative" is a gross mischaracterization. He was confirmed by the Senate 80-0, for God's sake. If he was ultra conservative the vote would not have been unanimous.
I don't know what VISA knew or didn't know, but I think in general these kinds of rulings are wrong unless there is clear proof that the financial institution knew the money was supporting child porn.
"Ultra conservative" is a gross mischaracterization. He was confirmed by the Senate 80-0, for God's sake. If he was ultra conservative the vote would not have been unanimous.
I don't know what VISA knew or didn't know, but I think in general these kinds of rulings are wrong unless there is clear proof that the financial institution knew the money was supporting child porn.
My guess would be Visa knew enough. And that Judge ordered the death penalty unconstitutional in Cali. Kamala appealed that lol.
I'm sure the payments were labeled "Child porn". You do realize that if Visa is held responsible for vetting every single payment they process, it would be reasonable for them to demand details about every transaction they make and have unhindered access to the ownership records and customer base for every company who accepts Visa?
This case will be overturned on appeal, 100% guaranteed.
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