Visa cut off Gab.com, on their own initiative, for incidentally carrying posts by the Pittsburgh shooter. Why didn't they exercise the same judgement against PornHub for incidentally carrying vids of child sexploitation?
They opened themselves up to this line of legal reasoning.
That’s not a legal argument for liability. As a private company they’re perfectly free to pick who they do and don’t do business with. They just can’t do business with criminals engaged in criminality.
The only real issue is wether they knew that Pornhub had child porn.
Now if Visa said it’s technically impossible to ban someone, Gab could be used to prove that it is
It is a legal argument for liability. By reaching outside their own specialty, digging into the ethics & practices of their customers, and taking action against them, they've opened themselves up to plaintiffs & regulators. In other words, if you touch it, it's yours.
Putting themselves in the morals & enforcement business, it was only a matter of time before they were held to account for not doing a better job of it. A much stickier situation in front of a jury than being able to honestly state, "Hey, we just process payments."
They opened themselves up to this line of legal reasoning.