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Stop the censorship - need to support Fair Access to Banking Act (Senate bill S 401)

A topic by zegamez created Jul 25, 2025 Views: 3,521 Replies: 41
Viewing posts 1 to 20
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Hey everyone,

The recent pressure from payment processors has led to the delisting of legal adult games at itch.io. This is a troubling sign of how corporations, not governments, are deciding what creative content is allowed, even when it’s completely legal.

There’s a bill in the U.S. Senate right now — S.401, the Fair Access to Banking Act — that could help stop this censorship. It would prevent banks and payment processors from blacklisting legal businesses or content based on political or social pressure. If passed, this would give platforms like itch.io the freedom to host lawful content without being financially choked.

If anyone here is from USA and experienced with creating petitions, please consider starting one to support this bill and raise awareness in the indie dev and NSFW creator community.

This is how it starts — a few companies quietly taking the power to decide what we’re allowed to make, sell, or buy. Let’s not stay silent.

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Huh, why is it so quiet in here? Not a single comment.
Anyway, +1 vote of support from me :D

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I think this is our best shot. I'm not a US citizen so I can't help on this, but I strongly advise the others to contact their representatives about this !

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Not U.S citizen but making this visible

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For U.S. Residents:

To support S.401, the Fair Access to Banking Act, you can contact your elected officials (specifically your Senators and Representatives) to express your support for the bill. You can also support organizations that advocate for fair access to financial services. 

Here's a more detailed breakdown: 1. Contact your elected officials:

  • Identify your representatives: Find out who represents you in the Senate and House of Representatives. 
  • Communicate your support: Contact their offices (via phone, email, or letter) and express your support for S.401. 
  • Explain your reasons: Briefly explain why you support the bill, such as your concern about the potential for discrimination against legal industries or individuals based on factors like political opinions or religious beliefs. 

2. Support organizations advocating for fair access:

  • Research relevant organizations: Look for groups that focus on financial inclusion, anti-discrimination, or access to financial services for specific industries.
  • Consider donating or volunteering: If these organizations align with your values, consider supporting them financially or through volunteer work. 

3. Stay informed:

  • Follow the bill's progress: Keep up-to-date on the bill's status through websites like Congress.gov, which provides information on all actions taken on the bill.
  • Share information with your network: Spread awareness about S.401 and the importance of fair access to banking. 

Why is this important?

S.401 aims to prevent financial institutions from denying services to customers based on factors like political opinions, religious beliefs, or ESG standards. This is crucial for ensuring that legal businesses and individuals have equal access to the financial system and are not unfairly discriminated against. 

(+3)

For step 1 I'd like to link this handy official tool for finding your Congressmembers. Each member's entry should have a contact link included. https://www.congress.gov/members/find-your-member

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For some reason, it doesn't work for me. But I was able to find my representative here: https://www.house.gov/representatives/find-your-representative

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That's great, but I should note that that tool is for the House of Representatives, and your OP is about the bill in the Senate. But that's okay because you should also contact your representatives about the House equivalent bill, HR 987, and you should mention that bill in your OP as well as S 401!

As for the original tool, sometimes you have to refresh the results page before it works.

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If you are needing a form letter, here is one you can customize:

I am writing to express my strong support for H.R.987 & S.410 - Fair Access to Banking Act. This legislation addresses a deeply concerning trend I’ve observed in recent years: the increasing willingness of financial institutions and payment processors, such as Visa and Mastercard, to act as de facto regulators by restricting access to financial services for individuals and businesses engaged in lawful commerce. 

Time and time again, we've seen payment processors refuse service to creators, artists, and businesses simply because their products or services are viewed as controversial or "objectionable", even when no laws have been broken. Most recently, this has extended to the digital gaming space, where storefronts are being pressured to remove content that, while sometimes controversial, remains fully legal. This selective denial of service is often justified using vague and subjective terms like "reputational risk," but in practice it functions as a mechanism for enforcing arbitrary ideological standards. These actions pose a direct threat to free expression and economic liberty. 

As a life long gamer of *age removed*, content that I would like to consume that is not illegal should not be taken away from me, purely because a financial institution finds it objectionable. This is pure censorship on a corporate level.

No unelected financial entity should have the power to dictate what legal goods and services the American public may access. This kind of financial gatekeeping chills speech, harms livelihoods, and undermines the very principles of due process and democratic accountability. I respectfully urge you to support this bill and defend the right of all Americans to participate in the economy without fear of being blacklisted by private actors for engaging in lawful activity. This legislation is a critical step toward restoring fairness and neutrality to our financial system. 

This is pretty good, but to be honest, I'm probably going to cut out paragraphs 2 and 3. There have been several Congressmembers who have pitched a fit recently about people "playing videogames in their basement all day" and it's hard to find out if mine were among those. Gotta tailor the message to your audience, right?

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Interesting that most people creating this content are on the left politically, but this bill was introduced by a politician on the right and all 43 cosponsors are also on the right. Interesting times. My Senator is already listed as a cosponsor. I hope this passes, but knowing the Ds, this will get killed like so many other good pieces of legislation. Our government is fundamentally corrupt and broken. They no longer serve the interests of their constituents.

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It's a reaction to when the right was not in power and the financial system's lack of regulation was being weaponized against them. Operation Chokepoint and the like.

We've been thru several cycles of this now, where the people not in power at the moment get debanked and generally victimized. Sometimes after enough of that sort of thing, people manage to come together and agree that some things should be neutral ground and not battleground, and we get things like the USA's First Amendment. I hope this can be one such event.

Because the other side of the fence generally use those methods maliciously for their own gain
Meanwhile Republicans, even if it doesn't primarily affect their constituency (although perhaps it will sway a little more that way after that bill) can recognise the malice and grievous overstepping of role the situation has provided

If it wasn't such a uniparty system over there it might make for some meaningful political shift (to the non-extreme right) based around the betterment of the people and fair commerce and trading

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Well done, let's keep share and talk about it. Spreading awareness is already a victory on its own

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Just one more thing, guys: our representatives can't directly support Senate Bill S.401 because he serves in the U.S. House of Representatives, not the Senate.

However, there's a House version of the bill, known as H.R. 987 – the Fair Access to Banking Act, introduced by Rep. Andy Barr (R–KY)

(actually, @thejaxx5 mentioned that)

(+2)

Yeah this is important conversations to have. Everyone from top to bottom need to held accountable, especially those at the top.

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If someone need an example, you can use mine. 

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These bills (there’s a similar version in the House) are getting a lot of attention among Itch and Steam this week, but we should be clear that this is a bill designed to serve conservative ends, and there’s no guarantee under a conservative administration that it will protect independent game creators.

To understand how these bills will be implemented if passed, it’s important to understand their origins. One context made explicit in the text of the Senate bill is Operation Chokepoint, and Obama era program that advised financial institutions to deny services to businesses and groups that administration deemed at high risk of money laundering and fraud. A number of those businesses were in industries (like arms manufacturing, payday lending, and crypto startups) with heavy investments in Republican and libertarian political circles. And, indeed, the most consistent supporters of these bills (which have been introduced multiple times since the first Trump administration) have been gun lobbies like the NSSF, and crypto industry investors like Mark Andreeson. (I suspect that familiarity with the legislation came to the indie videogame scene by way of his spiel about it on Joe Rogan.)

So, on the one hand, throwing support behind the bill is likely to help out a lot of business that many here would be opposed to helping.

Maybe that seems like an “enemy of my enemy is my friend”-type situation, but I don’t think it is. It depends on the premise that financial institutions can’t find a pretext for excluding Itch and Steam that will pass muster under the Fairness in Banking Act. But the same legislators passing this act are also drafting laws to restrict access to NSFW material online, and are particularly motivated about limiting LGBTQ visibility and expression, not to mention anything they can connect to “woke” or DEI initiatives. If they pass something like the Fairness in Banking Act, I have no doubt they we’ll see them carve out exceptions for the very sorts of media you’re hoping to protect here.

In other words, it’s entirely plausible a law like this could make it impossible to de-bank Collective Shout, without protecting Itch from de-banking.

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If you read the text of the bill, you should be aware that there is no language in it that limits it to protecting "conservative" causes. And if you'd bothered to look up Operation Chokepoint, you'd know that it also targeted NSFW content.

If you are holding out for a bill that only protects your rights and not the rights of people you disagree with, that's not going to happen.

Stop spreading FUD.

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I have read the bill, which is why I’m pretty sure it won’t protect NSFW media creators. I’ve also read statements by the Senator who introduced the bill, which is why I’m confident that it was written to protect conservative causes, like “fossil energy and firearms industries,” cryptocurrency, federal prison contractors, etc. Statements from some of its cosponsors support that interpretation. And while I’m certainly not out to defend Operation Chokepoint, it’s worth pointing out that at least some claims to the effect that it was suppressing NSFW creators were unfounded.

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Okay, you claim you've read the bill. What is the language in the bill that excludes NSFW media creators?

It does not surprise me that a conservative introduced a bill to protect conservative causes, and defended it with rhetoric that appeals to his conservative base, but that doesn't change what the bill actually says.

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The bill itself doesn’t, but this particular Congress, as well as numerous states, are already making moves to restrict legal access to NSFW media online, in which case NSFW media won’t be protected by this bill. So people throwing their weight behind this bill on the premise that it will protect Itch are likely to discover that they’ve wound up making it impossible to de-bank groups like Collective Shout (not to mention arms manufacturers, payday lenders, crypto scams, etc.) without actually protecting LGBTQ or NSFW media creators.

Beyond which, there’s the question of why non-government financial institutions shouldn’t be able to decide not to provide service to some categories of business. If a credit card company doesn’t want to profit from mass shootings by processing payments for bump stocks, even though federal law doesn’t prohibit them, it seems wrong to require them to conduct that business anyway. This bill effectively intervenes in their rights of conscience — which is what it was designed to do.

The problem, from my POV, is not that private institutions can decide they don’t want certain clients, but rather that a few big players have effectively built up monopoly power, which makes it impossible to find another financial service provider when the biggest players say no.

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They have monopoly power (or rather, duopoly power) because banking and payment processing are so highly regulated that there is no reasonable possibility of standing up an alternative, let alone one resistant to the same pressures that lead to events like this. The regulatory moat is so wide that they're effectively a government arm. We don't let the electricity and water companies refuse service to people over "conscience" because they are utilities with a government-sanctioned monopoly or oligopoly - it's the same principle, a principle upheld by the courts many times. For that matter, there are many private businesses required to provide their services to all comers just because what they do is too important. And to be clear, we're not going to have a deregulated banking sector, because history has shown us how badly that can go.

I'm not in favor of the age verification measures or general attitudes you mention, but there is a difference between gating access and defunding. Alcohol is also age-gated, yet it remains legal for those of age.

I give this reply more for others reading it than for you. You went from "I have read the bill, which is why I’m pretty sure it won’t protect NSFW" to saying that it's not an issue with the bill. So I no longer believe your weird selective libertarianism thing is being put forth in good faith, and I might not respond in future.

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Anti-trust would be an odd thing for a libertarian to advocate, but okay.

It’s simple really. This bill is designed to help a lot of businesses that hurt society (fossil fuel producers, arms manufacturers, crypto startups, etc. — a lot of which are libertarian darlings). Maybe, under a different administration, it could also help independent game designers, but with the same legislators working to restrict NSFW and LGBTQ material online, we could very well end up helping those industries without doing anything to help NSFW and LGBTQ creators.

But cheers. This is the third year they’ve introduced it without passage, so I’m not super worried about it making it into law.

(+3)

2 days old but i will say be careful with supporting S.401 because that bill is mainly for banks and shit not being able to deny the usage of funds from banks for more oil rigs and other environmentally destructive practices that would increase the carbon footprint and pollution of these projects and less of the protection of consumers about content.

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yeah good word of caution 

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I would agree that we should also track the bill's progress to be sure no poison is added to it, but that's every bill.

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Shimoneta moment.

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That's a law made by republicans (the same that are very very much happy with these results, and with considering all porn illegal), only meant to make debanking of nazis impossible.

If you want to REALLY make a difference check the SAFE SEX workers act.

https://www.eff.org/deeplinks/2022/09/fight-overturn-fosta-unconstitutional-internet-censorship-law-continues

https://reason.com/2024/12/18/the-safe-sex-workers-study-act-a-bill-aimed-at-ultimately-repealing-fosta-is-back/

Your idea of "really make a difference" is a measure that your own linked article calls "mostly symbolic"?

The Fair Access to Banking Act is a bill with neutral language that addresses a nonpartisan issue. The same language that protects """nazis""" also protects everyone else. That's about as good as you can ask for.

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That "neutral" language is a copy paste of all the other dozens of times they tried to shred the right of people to not do business with white supremacists (which as you may know, in freedum land aren't illegal). And as further reading my links would tell you, it would make no difference at all for lewd games because such kind of bigots  *already* considers NSFW illegal.

SESTA-FOSTA is why payment processors have been all the kind of "fussy" in the last few years. Like think to it: why would banking guys be rejecting your fresh delicious money? And if you are wild guess is even "something ideological something", why in the heaven would you be now trusting of the most shameless vile Talibangelicals?

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It's far from uncommon for a law intended to solve one specific issue to unexpectedly be applied in a completely different area—one not anticipated by the lawmakers. So if the law doesn't explicitly state any exceptions (like NSFW content), then it applies to that as well.

Is Collective Shout LGBQT+?  If they are, then they really stabbed their own.  I'd of thought it was a Christian conservative group tbh.

Deleted 106 days ago
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There are radical feminist schools of thought that are very anti-sexuality, even while being very pro-lesbian. It's unclear whether CS is one of those, or just radical conservatives using them as a front.

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They are anti-trans anti-abortion anti-any-nudity, and pretty much every single one of them has connections with (you know) the really fucked up branches of christianity.

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Stop censorship

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I found a petition about this subject, although the creator seems to have directed it to the FTC instead of where it should be directed. Link here:

https://chng.it/5YnpB5hGgd

It may be helpful to send this to your house/senate reps anyway, showing that there's plenty of support for this notion. that being said, given it's not directly supporting the bill, it may or may not do much.

Just trying to help any way I can!

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Hey, I'm from Romania, but I would like to support you guys and be of help. What can I do?

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It would be great if you support petitions like this one https://chng.it/5YnpB5hGgd

Does that petition apply to all regions?

Yes, Change.org works for all regions.

(+1)

I did sign it, thanks!