YouTube Cited for Profit-Sharing in Section 230 Sex-Trafficking Lawsuit
YouTube’s Partnership Program (YPP) “enabled, facilitated and profit-shared” in two adults’ predatory behaviors, enabling the identification and grooming of vulnerable children for illicit sexual purposes, alleged a Wednesday complaint (docket 5:23-cv-00091) against two YouTube channel users, the video platform and Google in U.S. District Court for Middle Florida in Ocala.
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Florida resident Regina Alonso alleges defendant James Jackson, under the name Onision, used a YouTube channel to begin a series of attacks against vulnerable children in an effort to intimidate and threaten victims “into silence” after allegations were made against him, alleges the complaint. Lucas Jackson, also known as Laineybot, Lainey or Kai, used “new fame as Onision’s spouse” to entice underage children to engage in sexual acts and exchange Child Sexual Abuse Material images with her online, alleges the complaint.
Lainey and Onision invited underage fans to their home “with the intent to engage in sexual acts and three-way sexual encounters with the couple” or for “additional grooming” toward a goal of sexual conquest, alleged the complaint. Lainey befriended Alonso on YouTube, “flirting and grooming” her from ages 14 to 17, said the complaint. Lainey and Alonso had frequent Skype calls, with Lainey appearing topless in one, then demanding that Alonso send an image of her exposed breasts, said the complaint.
In 2015, Lainey encouraged Alonso to visit her and Onision in Washington and to pay all expenses. Alonso didn’t go because her mother wouldn’t let her travel, but a girl, Sarah, she had befriended on the channel did and was ultimately raped by Onision, before moving in with the couple, said the complaint. Reports surfaced on other YouTube channels that Onision and Lainey were predators, resulting in a documentary released on Discovery+ that featured Alonso and Sarah. After the documentary, YouTube “finally decided to demonetize Onision for violations of their policies,” said the complaint.
YouTube has terms of service and community guidelines that, if violated, can result in users being “demonetized” or removed from the platform, among other penalties, said the complaint. YouTube was “put on notice many times” that Onision was violating its terms and guidelines, but it “took no action,” said the complaint. The platform was receiving “value and profit-sharing with Onision on violent and harmful content, as well as content used to lure, entice and recruit underage girls,” the complaint said.
YouTube’s product and “non-neutral algorithm specifically targeted minors who were questioning their self-image or identity, or seeking answers and guidance, suggesting Onision’s “harmful and controversial content,” said the complaint. It was “receiving value and profit-sharing" with Onision on “violent and harmful content,” plus content used to lure underage girls, it said.
YouTube created a platform that allowed anyone who wants to create content to be able to achieve “fame, popularity and monetization” if they meet eligibility criteria to join the Partnership Program, said the complaint. Under the YPP, the platform pays the partner 55% of advertising revenue from their page, with YouTube keeping 45%, it said. Google matches their videos with advertisers, decides what ads will appear and keeps track of all traffic, plus ad responses, said the complaint.
YouTube and other platforms have learned that “outrageous, tortious, and divisive content drives users and profits,” said the complaint. It was built to “promote hateful, harmful, and controversial content as it is the most engaging to users, including its minor users,” it said.
The plaintiff claims the defendants violated Section 230 of the Communications Decency Act and the Trafficking Victims Protection Reauthorization Act. She demands civil remedies for personal injuries related to possession and distribution of child pornography, personal injuries related to sex trafficking and personal injuries related to coercion and enticement.