Nonconsensual! Lawsuit Alleges Kink.com Provided User Data To Google

If true, it could be a massive violation of privacy—and trust

Two New York residents have filed a civil lawsuit against Kink.com’s  parent company, Cybernet Entertainment LLC, alleging serious breaches of confidentiality. Kink.com is a site created to promote and distribute BDSM content to adults, including paying members.

According to Top Class Actions, the suit alleges that the site collected and subsequently provided Google with data on its users’ preferences and viewing habits.

The plaintiffs, identified only as C.C. and S,H., filed their suit in the California Federal court in early June of this year. The suit accuses Kink.com of breaking several laws, notably the Video Privacy Protection Act (VPPA), which forbids secretly gathering information for the purpose of sharing it with other sites, platforms, or companies.  

In secret, without permission?

By illicitly installing Google tracking software on its site, the plaintiffs say Kink.com made a “devil’s bargain” with the tech giant to collect private data from users without their consent: 

Kink never obtained informed consent from plaintiffs or class members to share the sensitive information it collects with third parties, let alone with Google, the largest advertiser and compiler of user information in the world.

While C.C. and S.H. are the plaintiffs,the suit is open to every Kink.com visitor who believes their privacy may have been similarly violated. 

A giant misstep?

Like most people who enjoy online adult content, the suit’s plaintiffs expected Kink.com wouldn’t reveal their sexual interests, let alone pass along their personal information to anyone else.  

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The violations are particularly egregious as, Kink.com isn’t a relatively unknown site but one of the largest distributors and producers of BDSM related videos in the world.  

In fact, until 2018, when its founder, Peter Acworth, sold the company to Cybernet Entertainment, Kink.com used to own San Francisco’s history Armory, converting it into an impressive number of uniquely decorated webcam studios and fully equipped production facilities.

That being said, you’d think an enterprise so heavily steeped in BDSM culture would respect the community’s long-standing, guiding principle that nothing should ever be done without the clear consent of those involved.

Callous disregard

The suit’s plaintiffs assert Kink.com’s alleged privacy breach has resulted in severe emotional distress, causing them to no longer fully trust that visiting other sites won’t also result in their private data being sold or exchanged without their permission.

As the case progresses, details may emerge as to how C.C. and S.H. learned their data was collected and given to Google. If so, other users may discover if their secret, sexual interests were—or what could make it even worse—merely given away.

Consent, consent, consent

If this court case does expose Kink.com’s betrayal, the BDSM community should do everything in its power to call the site, its parent company, and more than anything, its owner, Peter Acworth.

While every adult content site should, or rather must, do everything possible to ensure their users’ privacy is kept confidential, it’s a hundred times more reprehensible when the site serves a sexual minority community dedicated to the importance of asking and receiving permission and consent.

Hypocrisy in action?

As of this writing, Kink.com hasn’t publicly commented on the current suit.  However, in 2019, the site was updated to include a series of guidelines on consent. Mike Stabile, Kink.com’s spokesperson, acknowledged the guidelines in Jezebel as, “the reality of a rapidly changing adult industry that used to revolve around big studios and contract stars.”

Ironic in light of C.C. and S.H.’s suit—especially if found to have merit—the guidelines states:

At a time where there is less institutional knowledge and less guidance than in years past, the need to ensure that consent is being discussed in our community is more evident than ever—especially as a new generation of producers are making adult videos, not to mention rough sex or BDSM. 

Hopefully, Kink.com actually abided by its consensuality stance, and will prove they did not and never will violate customer confidentiality and the community’s faith that this company and its new owners will always respect what BDSM stands for.

But should they be found guilty … Well, then Kink.com should be vocally, relentlessly called out, just as any physically or emotionally unsafe person must be.

Image Sources: Depositphotos