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Re:MasterCard to stop processing payments on Pornhub, cites ... by lmilcin on Thursday December 10, 2020 @04:12PM (#25378766)
> Funding criminal activity can itself be a crime.

Yes, it can, but the question is who is going to decide it.

Going with this argument any organization large enough would be criminal.

I am pretty sure that Google and Apple and Facebook and Amazon they somewhere fund or support knowingly or unknowingly some kind of criminal activity.

That doesn't seem to be a problem for payment processors, though.

Neither is a problem that some funky stuff shows on Youtube from time to time which is promptly taken down when somebody reports it.

The question is whether PH did this knowingly and whether it is Mastercard's responsibility to act on it and how much of this is realy up to Mastercard to judge.

If PH is taking down any content that is reported and deactivating accounts then that is basically the same thing as Youtube does and we are now in gray territory when PH is being punished for not being to Mastercard's liking for some reason.

Re:MasterCard to stop processing payments on Pornhub, cites ... by asdfasgasdgasdg on Thursday December 10, 2020 @04:21PM (#25378880)
Yes, it can, but the question is who is going to decide it.

Going with this argument any organization large enough would be criminal.

Normally what will happen is if the assistance in money laundering or funding criminal activity is incidental or the organization didn't know there was a problem and couldn't be reasonably expected to know, then it's not a crime. But if the organization knows or should have known, then it is. MasterCard is now in the knows or should have known state, so continuing to fund illegal activity could reasonably be considered a crime, at least based on the typical patterns of these laws.

Re:MasterCard to stop processing payments on Pornhub, cites ... by lmilcin on Thursday December 10, 2020 @04:29PM (#25378975)
The question is then who is doing criminal activity? Is PornHub liable because couple users sneaked something that is illegal? Or is there something we are not aware of and PornHub engaged in it? There is no information on that.

If it is the case that only minority of users are responsible then Youtube is likewise liable and Mastercard should stop serving Youtube knowing that at any point in time Youtube has some users that have illegal content.

It is different to stop payments for illegal activity and stopping payments to a large corporation that has huge user base that has some users engaging in illegal activity.

If it is ok to do that then practically no current large company that has large user base could be served by payment organizations.

Re:MasterCard to stop processing payments on Pornhub, cites ... by ogre_codes on Thursday December 10, 2020 @06:12PM (#25380076)
> The question is then who is doing criminal activity? Is PornHub liable because couple users sneaked something that is illegal? Or is there something we are not aware of and PornHub engaged in it? There is no information on that.

You are missing the point here.

MasterCard doesn't care.

They have zero interest in fighting legal battles to retain PornHub's business.

> If it is the case that only minority of users are responsible then Youtube

YouTube spends a ton of money building extensive controls to catch illegal content and remove it from their platform as quickly as possible. So much so a lot of should be legal content gets sucked up and blocked/ removed.

From the sounds of it, PornHub doesn't have similar controls even as they are in a business which neck deep in potential legal/ ethical challenges.

Re:MasterCard to stop processing payments on Pornhub, cites ... by viraptor on Thursday December 10, 2020 @05:26PM (#25379639)
> If it is ok to do that then practically no current large company that has large user base could be served by payment organizations.

If this rule was enforced equally, it could be a good thing overall. Yes, it would probably destroy for example YT as it is now and I'm ok with that.

Re:MasterCard to stop processing payments on Pornhub, cites ... by asdfasgasdgasdg on Thursday December 10, 2020 @04:34PM (#25379039)
It just really depends on the specific laws in question. All I can say is it doesn't seem unreasonable for MasterCard to do some CYA under these circumstances.
Re:MasterCard to stop processing payments on Pornhub, cites ... by lmilcin on Thursday December 10, 2020 @04:39PM (#25379082)
All I say is that from the article I only learned some people posted some illegal content and PH removed it and blocked accounts when it was reported to them. If that is the case I believe this is the case of MasterCard using double standards for their clients and probably because public will not vehemently defend a porn site.
Re:MasterCard to stop processing payments on Pornhub, cites ... by ogre_codes on Thursday December 10, 2020 @06:02PM (#25379993)
> Yes, it can, but the question is who is going to decide it.

The real question (for a business) is whether the profit of doing business with a company is worth the potential liability. In this case, PornHub has a rather high profile legal overhang which makes the liability potentially very high.

> I am pretty sure that Google and Apple and Facebook and Amazon they somewhere fund or support knowingly or unknowingly some kind of criminal activity.

Look at how quickly Google pulls content from YouTube based on the first sniff of a DMCA claim. Businesses have zero interest in fighting a legal battle for a third party.

Re:MasterCard to stop processing payments on Pornhub, cites ... by nabla9 on Thursday December 10, 2020 @04:39PM (#25379091)
People and companies must every day decide is this legal or not. Eventually courts have the final say, but then it's too late.

Waiting to get conviction is not good way to live or business to operate.