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PayPal to Fine Gambling, Porn Sites

scubacuda writes "Yahoo! reports that PayPal is taking an aggressive stance against gambling, adult, and non-prescription drug sites: anyone caught using PayPal for these purposes will be charged $500. Eric Jackson, a former PayPal executive and author of the new book 'The PayPal Wars,' calls the new policy 'draconian' and says it is likely a two-fold strategy to discourage certain behavior while heading off regulators."

43 of 279 comments (clear)

  1. How productive. by rincebrain · · Score: 5, Insightful

    Now, instead of only worrying that we'll get crappy porn, we have to worry about having our money stolen, and NOT getting crappy porn!

    --
    It's only an insult if it's not true.
    1. Re:How productive. by reezle · · Score: 4, Funny

      I guess you didn't read the article.

      It says Paypal to "Fine Gambling, Porn Sites"

      So if you want the good stuff, you need to use paypal...

  2. How? by Nos. · · Score: 5, Interesting

    What right does paypal have to fine people. If its against the terms of service they could shut down the offending account, but fine them?

    1. Re:How? by rice_web · · Score: 4, Interesting

      The money is technically in PayPal's name, so I assume that they are free to do with it what they please, as defined in the contracts that you "sign" by clicking the submit button.

      --
      The Political Programmer
    2. Re:How? by Lehk228 · · Score: 4, Insightful

      Since when has paypal cared about whether their actions are legal or not?

      --
      Snowden and Manning are heroes.
    3. Re:How? by hattig · · Score: 4, Interesting

      I agree, it seems totally illegal to me.

      I think that they shouldn't be the ones to judge what is right and wrong morally. If it was illegal activity then locking the account might seem a reasonable measure once notified by someone with authority (as a normal bank would lock an account if a judge ordered it, etc). But otherwise they should not be doing this.

      It's simply retarded. It looks like theft. Since when do companies have the right to fine their customers? They aren't a court of law.

      And why a lot of people will never consider using Paypal at all. What next?

    4. Re:How? by Florian+Weimer · · Score: 3, Insightful

      What right does paypal have to fine people. If its against the terms of service they could shut down the offending account, but fine them?

      It's called "regulatory pressure".

      The US is currently trying very hard to push online gambling off the Internet (with a few exceptions for US sites with licenses, I assume). It tries to do this by targeting any US company that indirectly benefits from gambling sites: banner ad buyers, ISPs, and now PayPal.

      PayPal's situation is complicated because they operate in a field that is strictly regulated (banking) and haven't got banking licenses in all US states. PayPal basically has no choice to comply with law enforcement suggestions at this point if they want to continue business.

    5. Re:How? by Detritus · · Score: 3, Informative

      IANAL but a company isn't free to put anything that it wants in a contract and have it enforced by the courts. A judge can invalidate all or parts of a contract that are illegal, unconscionable or against public policy.

      --
      Mea navis aericumbens anguillis abundat
    6. Re:How? by hattig · · Score: 5, Insightful

      Not to the tune of $500 though.

      Remember credit cards are YOU borrowing money from someone else.

      Paypal is YOUR money.

      Most bank charges and fees (they are not called fines) occur when YOU start eating into THEIR money, by being overdrawn, etc. You don't get fined because some of your money in your account came from you doing something illegal or immoral (according to the bank).

    7. Re:How? by hattig · · Score: 3, Insightful

      The common theme with all those fines though, is that it is you misusing their money/investment.

      You get fined for taking out more money from the CC company than it wants you to.

      You get fined for keeping hold of a store's property longer than they allowed you to.

      You get fined for breaking a contract which most likely included a $200+ mobile phone for free as part of it.

      Terms of Service aren't legally binding if they are unfair, immoral, etc. You can't have Terms of Service saying "If you are black, you will be charged 20% more". Unless you are the insurance industry that is :rolleyes:

      Paypal hold YOUR money in trust (as someone else pointed out). It is not up to them to judge the right and wrongs of how that money is made, that is up to THE LAW.

  3. Ebay does have Adult items by lecithin · · Score: 5, Insightful

    What is the difference? They(ebay) list adult items, why could you not pay for them via Pay Pal?

    --
    It could be worse, it could be Monday.
    1. Re:Ebay does have Adult items by Lisandro · · Score: 3, Insightful

      My guess it's they want to deattach themselves from those "markets" and keep a reputation as a serious buisness. Otherwise i don't know; like you said, it's not very different from buying adult items from eBay. And it's not like gambling and prescription drugs don't leave them any money.

    2. Re:Ebay does have Adult items by tukkayoot · · Score: 4, Informative
      Are Mastercard, Visa or American Express taken any less seriously because they can facciliate the purchase pornography? How about First Union bank?

      I don't think so.

      No, like the article/summary says, I think this has something to do with regulatory pressure. I really don't understand all the fuss, but I think it has something to do with the fact that PayPal isn't a bank, and thus has a different set of regulations/laws it has to abide by.

      Offhand I don't see why PayPal should be restricted in this manner, and why they should feel compelled to levy these fines, but IANAL or anything.

    3. Re:Ebay does have Adult items by mcknation · · Score: 5, Informative


      Well I did some *research* on this topic just now. ;)

      Ebay hides all adult items in a catagory called "Mature Audiences". There is all kinds of stuff in this catagory. Sex toys. Elargement pills all kinds of stuff.

      However not ONE single auction in this catagory allows paypal as a method of payment. My guess is that the forbid it entirely...even on ebay

      /-McK

  4. Finally! by maeka · · Score: 3, Funny

    Heaven forbid a private company make money from something sinful like gambling or porn.

    Now if we could just get our government out of the gambling business...

    1. Re:Finally! by rice_web · · Score: 3, Interesting

      Private companies are subject to the consumer. If consumers turn away from PayPal because they see it as a "sinful" company, then PayPal will have to make changes. Perhaps PayPal has received a fair number of suggestions and/or seen a drop in sales recently that have been attributed to their adult-industry clients, and as a result they have decided to drop-kick those companies from the PayPal database.

      --
      The Political Programmer
    2. Re:Finally! by whoever57 · · Score: 3, Insightful

      I suspect that PayPal is very cooperative with authorities so that it can keep its "not-a-bank" status. Being treated as a bank would involve PayPal in all kinds of unpleasantness (for PayPal) like not arbitrarily freezing people's money, arbitrarily withdrawing money from their checking accounts, etc.

      --
      The real "Libtards" are the Libertarians!
  5. How is this going to work for ebay? by sgant · · Score: 5, Insightful

    Paypal is owned by ebay right now...but how is this going to work if you buy your adult stuff ON ebay?

    Ebay does have a whole adult section where you can buy movies, toys etc etc...so will this effect it?

    Fined by the same company that your buying adult things from.

    Sounds too me like a double standard in the works. I don't think Paypal is trying to discourage this behavior that it finds objectionable...because if it did, then ebay would remove the entire adult section from it's site also.

    Just and observation

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    1. Re:How is this going to work for ebay? by rekoil · · Score: 4, Insightful

      Actually, eBay items are the sole exception to Paypal's adult items policy. The policy was primarily aimed at porn sites who took subscription payments via paypal, rather than physical items such as adult movies, toys, etc.

      This is due to the extremely high dispute rate for these types of payments, most often due to husbands claiming the charge is fraudulent when the wife discovers it. As you might expect, Paypal does not want to be in the middle of these disputes, and banning said usage is, in their opinion, the best way to avoid being put in that position

      I'm curious if anyone's tried to sell memberships to a porn site on eBay, however...that could be an end run around the policy if eBay permits it.

  6. I'm sure they are just being practical. by FunkSoulBrother · · Score: 5, Interesting

    Being someone who does online sports betting, PayPal cut us out a little over 2 years ago.

    But it was a practical, not moral cut in my opinion.

    The fact of the matter is that in the gambling, adult and I suppose the drug business, you get way too many people who purchase the "product" and then get buyers remorse, and raise all kinds of hell at the card provider, saying it was never them but nefarious internet hooligans who gambled with their Paypal account, or bought that porn subscription to Fatchicks.com.

    It became so bad at least in the gambling world that Paypal said the hell with it, and left. Now we have similar providers, but more personal responsibility, too. I actually like it that way.

  7. This is terrible news! by The+I+Shing · · Score: 4, Funny

    Uh-oh, I'd better take those PayPal logos off of my website, www.nakedwomengamblingfordrugs.com.

    --
    You are in error. No-one is screaming. Thank you for your cooperation.
  8. E-Gold by carcass · · Score: 4, Interesting

    PayPal's outdated. They're on a social engineering crusade.

    Use e-gold instead.

  9. What's Next? by BalorTFL · · Score: 5, Insightful

    I really hope that this isn't the beginning of a new trend. How long until VISA won't let you buy beer or cigarettes and MasterCard charges a 50% tax on Penthouse? When payment methods start enforcing their own moralities on their costumers, something is seriously wrong.

    1. Re:What's Next? by mark-t · · Score: 5, Insightful
      This has nothing to do with enforcing certain moralities on you.

      Paypal and credit card companies couldn't care less about your personal moral character. What they *DO* care about is making money, and certain classes of purchases have a much higher rate of fraudulent activity than others. Online purchases in general and especially online pornography in particular has an absolutely _huge_ level of fraudulent use compared to most other credit card activities. They are only trying to avoid the chargebacks that would follow such fraudulent uses as these radically cut into the amount of money they are going to make.

      I can say one thing though... your CC company will not ever try to stop you from making a purchase in person, regardless of the nature of the item (barring credit limit issues, of course). According to a representative at VISA that I spoke to when I was talking to them about a merchant account, CC fraud incidence is lowest in transactions which expect a physical signature (and if you don't actually _check_ those signatures, you could end up losing your merchant account).

  10. Fines for legal businesses? by nurb432 · · Score: 3, Insightful

    Correct me if I'm wrong, but aren't adult sites legal, in this country at least?

    And last I heard, on-line drugs are legal in general, if there is a real doctor on staff..

    Sooo. how can pay-pal *fine* these people? Its not their job to play moral police...

    Sure they can just refuse to do business with them, if they don't agree with the morality of the business, that is their right.. but FINES???

    No I didn't RTFA, it wouldn't load..

    --
    ---- Booth was a patriot ----
  11. ebay is starting to show it's true face by Pivot · · Score: 3, Insightful

    You cannot get someone's paypal payment unless you sign up for a paypal merchant account.

    It's no longer allowed to add a surcharge to ebay auctions to cover paypals 3% fee when you have a merchant account. Thus, you not only have to pay for listing your actions on ebay, you also have to pay to get your money.

    I wish ebay had a little competition.

  12. misleading title by jdkane · · Score: 3, Interesting
    Title says: PayPal to Fine Gambling, Porn Sites

    However PayPal is actually fining the PayPal user, not the sites.

    Should read: PayPal to Fine Users for Gambling, Porn Sites

  13. PayPal holds the money in a Trust by Anonymous Coward · · Score: 4, Interesting

    Actually, even if they have legal title, you still have equitable title.
    So, PayPal holds your money in a Trust.
    So, normal Trust Law rules apply.

    With the caviet that you told them what they could do with your money when you signed the "Terms of Service" contract.

  14. down with paypal by Doc+Ruby · · Score: 3, Insightful

    PayPal is an unregulated global banking monopoly. The porn and gambling industries are some of the most intense hothouses of commercial Internet development. Darwinian pressure is creating an opportunity for a PayPal competitor which will give consumers an alternative. The world is in a sorry state when porn and gambling are our best hope for freedom, but it does sound familiar.

    --

    --
    make install -not war

  15. Feed your local e-diots. by Anonymous Coward · · Score: 4, Insightful

    Any site that has advertising popups on the main page, has no titles on pages, and panders to people who will believe anything anyone says, as long as it's backed in allegedly real gold... well... (Hey, nobody ever said /. only had intelligent people.)

  16. Don't Hate Paypal by Anonymous Coward · · Score: 5, Insightful

    Almost every single reply so more is complaining that its none of Paypal's business to enforce their morals on the user. Anyone who has said something like that is a mindless slashdot troll who doesn't know anything about 3rd party processing or merchant accounts. Most merchant account providers have banned adult sites and gambling for years because they are High Risk Industries. Its not just adult and gambling, many processors also ban game servers, IRC-related sites, MLM schemes, make $3000-working-from-home-sites, etc. These types of websites are highly likely to attract stolen credit cards, credit card fraud, and chargebacks. It costs the merchant provider money every time a chargeback is done, and it takes both time and money to fight a chargeback. So please do a little research into the world of credit card processing before you go on a rant about PaPal's religious crusade. They are simply trying to decrease fraudulent transactions. If you don't agree with their policies or the $500 fine, you can opt to use a different company which does allow adult and gambling merchants, but beware you will probably have higher transaction fees, more thorough background checks, and possibly a several day ACH hold on any funds you receive.

    1. Re:Don't Hate Paypal by Jah-Wren+Ryel · · Score: 5, Interesting

      Anyone who has said something like that is a mindless slashdot troll who doesn't know anything about 3rd party processing or merchant accounts. Most merchant account providers have banned adult sites and gambling for years because they are High Risk Industries

      Ah, so they want the easy part of the business but not the hard part. I can understand that.

      But in turn, I think we need to ask if Paypal is a monopoly. Just how much of all e-commerce passes through paypal? How much of the under $100 market? How much of the person-to-person market? I wouldn't be suprised if paypal had acheived monopoly status in at least one of those markets.

      If they are a monopoly, having successfully squeezed out competition, only to begin with-holding sevices, they need a kick in the ass from the FTC because that's abusive.

      By the way, it has already been pointed out once so far, and that post got a +5 rating, but the point really needs a +11 rating.

      PAYPAL IS FINING THE CUSTOMERS TOO!!

      So, if there ever was a time make sure that you had a dummy, empty bank account linked to your paypal account, now is it. All you need is for paypal to arbitrarily decide that you are the kind of customer that they don't want, and poof! there goes $500 from your bank account that you will probably never see again. Maybe even multiples of $500 depending on just how much customer abuse paypal thinks they can get away with since they are unregulated.

      --
      When information is power, privacy is freedom.
  17. Paypal shutsdown romance novels and gay literature by tehanu · · Score: 3, Informative

    Here is the google cache of the All About Romance newsletter (it seems to have disappeared from the site) which is a newsletter about romance novels and give a good idea about how specifically people are being affected:

    http://66.102.7.104/search?q=cache:lfrekzaQLGAJ: ww w.likesbooks.com/184.html+&hl=en

    Some interesting quotes:

    "PayPal can be used to buy and sell pre-1980s issues of Playboy, Playgirl, and Penthouse. On eBay, these can be categorized as "Collectibles" rather than as "Mature Audiences.""

    "Books classified as "romantica" - ie. books about people falling in love and making love are not allowed - but who is to say what is romantica and what is just hot romance? Print romances seem to get a pass. Readers can go onto eBay and find print erotic romances such as those published by Kensington's Brava line. They can also find books far more explicit than erotic romance novels for sale, and their PayPal payments will be accepted. The Claiming of Sleeping Beauty, one of Anne Rice's BDSM novels, is one obvious example of this."

    "According to Brenna Lyons, when the new policy went into effect, many people noticed that the adult content guidelines were vague. For that reason, many publishers of sensual and erotic books asked PayPal to check out their sites. PayPals adult content guidelines are open to interpretation and so changes can be made. PayPal did, in fact, assure the publishers that their sites were acceptable.

    Early in 2004, almost a year after the announcement of the new policy, PayPal began freezing the accounts of publishers, writers, and even readers of erotic romance. Brenna herself knows of four publishers, five self-published authors, and two review sites that had their accounts frozen by PayPal.

    What happened to warrant such drastic action? PayPal was investigating them for violations of their Terms of Service (TOS). When an account is under investigation it can be frozen for up to 180 days.

    Though those under investigation often disagree, Amanda Pires says that the investigation is "not an invasive process." PayPal doesn't contact the vendor until they've decided it's violating the Acceptable Use policy. They will, however, investigate sites on the basis of a single complaint. According to Amanda, this is because PayPal "encourages people to let them know because the Internet is so large." She adds, though, that while a single complaint is enough to start an investigation, that single complaint isn't enough to get PayPal to take action against a vendor. As part of this investigative process, PayPal staff review both the sites and the content. In the case of an electronic publisher, they might ask for downloads of the books. In a case like that, the process could take longer because they have to evaluate books rather than just evaluating a web site.

    The evaluation process involves trying to determine "whether or not the sexual content is a small or insignificant part of the book." Ms. Pires adds, "We allow PayPal to be used to sell a book, not based on length or number of loves scenes, but on the topic or intent of the book. If the sexual scenes or content is part of the story line but not the primary purpose of the book, then PayPal can be used to sell the book." Staff members performing this evaluation must decide whether the books adhere to the Acceptable Use policy. When performing these evaluations, the staff members "try to be as fair as possible."

    Many authors and publishers of erotic romances who have been investigated disagree that PayPal treated people in their industry fairly. According to Brenna Lyons, no warning was given to small publishers and self-published authors that they were about to be investigate. Their PayPal accounts were suddenly frozen. "Just wake up one morning and have your account frozen. If you happened to have most of your working capital in there, you were screwed. Pardon the frank language. Here's the cute part. When they started going after the big boys, they gave them

  18. Re:E-Gold -- screw that by hlygrail · · Score: 5, Interesting

    Anything that resizes my browser window automatically gets a /dev/IGNORE entry from me.

    Man I hate that... not to mention the ads and pop-ups.

  19. Re:I don't get it... by RealProgrammer · · Score: 4, Insightful
    My guess is there are three factors:
    1. Paypal sees that porn, gambling, and viagra sales generate a lot of customer complaints. People tend to claim they didn't want the item, it wasn't them, somebody stole their identity, etc. Like any business, they're trying to limit their losses.

    2. Those transactions are all very spammy. Add hot stock tips and Nigerian crown princes and you've pretty summarized my 'caughtspam' folder.

    3. Paypal doesn't want to be in the liability loop for kiddie porn, illegal gambling, and illegal drug sales.

    4. Paypal wants to keep a clean image, and genuinely don't want those transactions. I kind of doubt this was a factor, but there's always hope.

    --
    sigs, as if you care.
  20. Who cares? There are other services out there. by ellisDtrails · · Score: 5, Informative

    Use FIREPAY or NETTELLER (google them for info). They are RELIABLE and they aren't interested in being Big Brother or monitoring your online habits.

    F Pay Pal.

    1. Re:Who cares? There are other services out there. by McDutchie · · Score: 4, Informative
      Use FIREPAY

      "FirePay is a Web-based cash account that can be used by anyone who has a U.S bank account." Woops, I'm in the Netherlands and I need to accept payments in euros. <sigh> Next...

      or NETTELLER (google them for info).

      Their site is so utterly content-free and/or badly designed I cannot even find a sign-up link or terms of service, so I have no way of knowing if they'd even accept me. But I doubt it since there's no reference to international accounts anywhere. Also it seems they cater to financial institutions and not mere mortals like me.

      Seems PayPal is still the only choice I have. But if anyone has any other suggestions I'd appreciate them.

  21. What money? by ebyrob · · Score: 3, Insightful

    Paypal doesn't have any of my money in their accounts, it's all in my bank and credit card accounts until I actually order something...

  22. Probably an unenforceable penalty clause. by Animats · · Score: 4, Informative
    Private parties cannot assess fines. From a New York court decision:
    • The rule is now well established. A contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation. If, however, the amount fixed is plainly or grossly disproportionate to the probable loss, the provision calls for a penalty and will not be enforced. In interpreting a provision fixing damages, it is not material whether the parties themselves have chosen to call the provision one for "liquidated damages", as in this case, or have styled it as a penalty. (citations omitted.) Such an approach would put too much faith in form and too little in substance. Similarly, the agreement should be interpreted as of the date of its making and not as of the date of its breach.

      (Truck Rent-A-Center, Inc. v Puritan Farms 2nd, Inc., 41 NY2d 420, 425 [1977]; see Fingerlakes Chiropractic, P.C. v Maggio, 269 AD2d 790 [4th Dept. 2000]; Benderson v. Poss, 142 AD2d 937 [4th Dept. 1988]; Pyramid Centres & Co. v Kinney Shoe Corp., 244 AD2d 625 [3d Dept. 1997].)

    It's up to a court to decide whether $500 is proportional to the actual loss incurred by PayPal. You usually don't get to count administrative time as costs in contract disputes; it has to be an outside expense.

  23. this is scary and heres why by danknight · · Score: 3, Insightful

    We are moving to a cashless society, even McDonalds is now accepting credit & debit cards. While I initally resisted using a debit card, the fact is I use it all the time now and often only keep $10 or $20 in my wallet simply because just about anything I purchase can be made with the debit card. It makes tracking my finances much easier. Now while I wouldn't expect to buy smack from the local drug dealer with a card, I would expect to be allowed to purchase anyting legal. Credit card companies stopped processing gambling debts years ago due mostly to government pressure, (and chargebacks, I know) But the bottom line is gambling is generally illeagal unless it is 'sponsored' by the state. It is a scary idea that any finacial company starts down the path of restricing money transfers based on morals. I think others will follow...

    --
    wanted: one clever sig,apply within
  24. Pissing off your Enemies for $10.00 by ThatsNotFunny · · Score: 3, Insightful

    This whole thing gives me a great idea...

    Send someone you don't like $10.00 through PayPal (from an alternate email address, of course). Wait a week, then complain to PayPal that, despite sending the money and after "numerous attempts to settle the transaction", you still haven't received the copy of "The Olsen Twins Fuck a Goat Volume 3" (or the Canadian Viagra) that you paid ten bucks for.

    Your enemy will be fined $500.00 for just $10.00 and a few emails. Not a bad return on investment, eh?

    --
    "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    1. Re:Pissing off your Enemies for $10.00 by LordK2002 · · Score: 5, Informative
      Your enemy will be fined $500.00 for just $10.00 and a few emails. Not a bad return on investment, eh?
      And so will you, if you read the Acceptable Use Policy.

      This is not an issue of fining just websites, it is an issue of fining users, as has been pointed out in other comments.

      This is what makes it unacceptable and is why I have chosen to discontinue my use of PayPal.

      K

  25. The pr0n symbiosis by rs79 · · Score: 3, Interesting

    Lest people think that these days porn is half the net... it always was, and in a sense you could argue pr0n drove the development of the net like any good student of the human animal would assume it would.

    Until 1995 the UUCP network had more nodes than the TCP/IP connected internet. What did the UUCP network carry? News and mail. That's it. That's all you could do with UUCP (modulo some half baked ftp by mail schemes). Before uu.net became the first commercial backbone, UUCP traffic was shuttled site to site by "some guy you knew" who gave you a feed, and at either 1200 or 2400 baud (no, I'm not kidding) but when uu.net came out you could BUY a DECENT feed and by Dod use Telebit Trailblazer modems at 19.2K. But who would pay $400 a month to get usenet?

    Engineering managers addicted to porn, that's who. "We need it for technical reasons. We cannot do our work without it" always worked. As long as we found them porn, they'd pay for talk.bizarre.

    Having created alt.sex by mistake one day I really think uunet's Rick Adams, uunet's founder, should have given me some sort of profit sharing.

    Oh well, that's how you can tell internet pioneers, they're the ones with the arrows in their feet.

    --
    Need Mercedes parts ?