Overview of Undisclosed: Unfiltered 4.23.2026
This week’s Unfiltered (hosts Rabia, Colin Miller, and Mithil Thalhan) covers three headline stories that probe failures of institutions and platforms: a Florida surgeon accused of removing the wrong organ leading to a patient’s death; a North Carolina jury’s finding that Uber can be treated like a common carrier in a civil suit; and an extensive CNN investigation into online networks—dubbed the “Rape Academy”—where men allegedly learn to sedate and sexually exploit women. The hosts discuss criminal and civil liability, systemic gaps (licensing, platform immunity, state law differences), and policy implications.
Key segments
- Mithil: Florida surgeon (Dr. Thomas Sheknovsky) charged after allegedly removing a patient’s liver instead of his spleen; background of prior alleged surgical errors and pending litigation.
- Colin: Charlotte, NC civil verdict holding Uber liable (jury awarded $5,000) after driver groped a passenger; contrast with other jurisdictions and implications for gig-economy liability.
- Rabia: CNN “Rape Academy” investigation — encrypted chats, forums where perpetrators share tactics, legal protections for platforms (Section 230), and international prosecution limits.
- Community notes: Patreon, Facebook group “Toward Justice,” SpeakPipe and social handles.
Detailed summaries
1) Florida surgeon charged after removing the wrong organ
- Case facts: A 70-year-old patient, William Bryan, underwent a scheduled laparoscopic splenectomy in 2024 and allegedly died on the operating table from catastrophic blood loss after the surgeon removed the liver instead of the spleen. Staff reportedly contested the removed organ; the surgeon allegedly insisted it was a spleen and asked it to be labeled as such.
- Prior incidents: The surgeon reportedly has been the subject of other complaints, including an alleged incident where he removed a patient’s pancreas instead of adrenal glands. He has held licenses in multiple states and served in the U.S. Army Reserve.
- Criminal/civil posture: He’s been charged with second-degree manslaughter (criminal negligence); defense may raise competency/mental-health issues. The family has filed a civil malpractice suit; the hospital is also being sued.
- Issues raised: How did state licensing and hospital privileging allow this physician to continue practicing? The hosts highlight failures in cross-state tracking of complaints/discipline and question hospital vetting/supervision.
2) Uber, common-carrier liability, and the gig economy
- Case facts: A passenger in Charlotte sued Uber after an Uber driver grabbed her inner thigh and asked if he could “keep” her. A jury awarded $5,000 (found battery, not sexual assault) and the judge/jury treated Uber as a common carrier for purposes of the suit.
- Contrasts: Previous cases include an $8.5M Arizona verdict in a driver-rape case. Some states (e.g., Florida, Utah) have statutory definitions saying transportation network companies (TNCs) are “technology companies” and not common carriers, limiting liability.
- Legal point: Common-carrier status imposes higher duties—companies operating modes of transport may be held responsible for hires’ acts (negligent hiring/supervision or vicarious liability).
- Policy debate: Should Uber be treated like a transportation company (and thus more liable) or a tech intermediary? This affects regulation and victims’ civil remedies. Hosts urge listeners to engage with state lawmakers about TNC classification.
3) “Rape Academy” — online networks teaching and sharing sexual violence
- Origin story: The discussion begins with the Dominique Pellicott case in France: Pellicott was found to have been drugging and facilitating dozens of men raping his wife over many years; his wife publicly testified and advocated “shame must change sides.”
- CNN findings: Investigators found large-scale activity on platforms (e.g., Motherless, encrypted Telegram groups like “ZZZ”) where users exchange techniques for sedating partners, hiding evidence, and monetizing videos (sometimes via cryptocurrency). Reported traffic includes tens of millions of visits in short periods.
- Platform immunity: In the U.S., Section 230 of the Communications Decency Act broadly shields platforms from being treated as publishers of third-party content, with carve-outs (federal criminal law, IP, sex-trafficking statutes, CSAM). The EU e‑commerce directive uses a narrower “actual knowledge” standard requiring swift removal once illegal content is known.
- Enforcement problems: Many postings and networks evade prosecution because of jurisdictional limits, resource constraints, and legal gaps. Some state criminal statutes are outdated (example cited: South Carolina’s sex battery law requiring aggravated force/threats and a 30-day reporting window may exclude drugging/spousal cases).
- Policy tension: Advocates push to amend Section 230 or condition immunity on demonstrable safety practices; tech industry warns of chilling effects on speech and burdens on smaller platforms. Hosts generally favor narrowing immunity/accountability given the scale and severity.
Main takeaways
- Institutional gaps have real-world, often fatal consequences: licensing/credentialing and hospital oversight failures can let dangerous practitioners move between states/hospitals.
- The classification of platform businesses (tech intermediary vs. transportation company) materially affects victims’ access to civil remedies and accountability.
- Section 230’s breadth creates major obstacles for holding platforms accountable for criminalized user conduct; the EU’s “knowledge and act” model is narrower and more enforcement-friendly.
- Criminal law disparities (state-by-state definitions, antiquated statutes) and global jurisdictional challenges make prosecuting transnational, platform-enabled sexual crimes extremely difficult.
- Civil litigation and state legislative action are the practical levers currently available to victims and advocates: change statutes, reframe corporate liability, and pressure platforms to adopt meaningful safety practices.
Notable quotes & insights
- Victim slogan (Dominique Pellicott case): “Shame must change sides.” — encapsulates the survivor-led public stance in France.
- Practical analogy: “If you can’t escape a speeding ticket three states away, why is medical misconduct allowed to follow [a doctor] across state lines?” — highlights frustration about cross-jurisdictional oversight gaps.
- Legal summary of Section 230: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of information provided by another information content provider” — the core protection that shields platforms.
Actions & resources (for listeners who want to engage)
- Read CNN’s investigation on the “Rape Academy” (search “CNN Rape Academy Telegram Motherless”) for case-by-case reporting and survivor accounts.
- If you’re concerned about TNC liability in your state: contact state legislators and ask whether TNCs are classified as common carriers or tech platforms; push for laws that protect passengers.
- For those worried about local medical safety: ask hospitals about credentialing and privileging processes; check state medical board disciplinary histories (state medical board websites often list actions).
- Advocate for targeted reforms: (a) narrow safe-harbor protections to require meaningful safety practices and faster removal upon notice of serious criminal content; (b) modernize state sexual-assault statutes to cover drug-facilitated/spousal drugging scenarios.
- Report illegal content: use platform reporting mechanisms and, where criminal content is present, notify law enforcement/ICE or appropriate national cybercrime units (jurisdiction-dependent).
Podcast logistics & credits
- Community: Facebook group “Toward Justice” (facebook.com/groups/towardjustice) — answer the membership questions to join.
- Voice notes: speakpipe.com/undisclosed
- Patreon: patreon.com/undisclosedpod (perks include bonus episodes, live Zooms, early merch)
- Social: Instagram/Facebook/TikTok/YouTube/X — @UndisclosedPod; Rabia: @rabiasquared2; Colin: @EvidenceProf
- Production credits: audio production by Hannah McCarthy; theme music by Patrick Cortez and Romero Marquez.
If you want a concise list of statutes or cases mentioned (Section 230 basics, EU e‑commerce directive, state TNC statutes), say the word and I’ll list them with short explanations.