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Utah pauses age-verification enforcement pending Pornhub lawsuit

Utah pauses age-verification enforcement pending Pornhub lawsuit

Rule Changes Salt Lake City, UT local

Judge blocks Utah's VPN age-verification rule pending a constitutional ruling

October 8th, 2026: Court Pauses Case Until 2027 Session

Overview

Updated 19 hours ago

A federal judge on Sept. 24 blocked Utah's rule requiring adult sites to check ages for users who hide their location with a VPN. Judge David Barlow sided with Pornhub parent Aylo, writing that 'there is no way for a website operator to determine a user's physical location with perfect certainty.' He also noted VPNs have legitimate uses.

The lawsuit is on hold. On Oct. 8, Barlow granted the parties' joint request to pause the case until Utah's legislature finishes its 2027 session, since lawmakers may amend the law. The injunction stays in effect. Both sides must report back to the court by March 19, 2027.

Why it matters

If Utah's VPN rule stands, adult sites must verify ages for users they cannot locate — a burden other states may copy.

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Key Indicators

18
States with age-verification laws
At least 18 states require adult sites to verify ages; Utah's VPN rule is the first of its kind.
2027
Session to review law
Utah's legislature may amend the VPN provision in its 2027 session. The case is stayed until the session ends, and a joint status report is due March 19, 2027.

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Timeline

May 2023 October 2026

11 events Latest: October 8th, 2026 · 2 weeks ago Showing 8 of 11
Tap a bar to jump to that date
  1. VPN providers refuse to change services for Utah

    Industry response

    NordVPN and AdGuard VPN said Utah's law does not create compliance obligations for them. They plan to keep offering their services normally in Utah.

  2. Enforcement pause becomes public

    Development

    News reports confirm Utah won't enforce the VPN law pending Barlow's ruling.

  3. Utah passes VPN-targeting law

    Legislative

    The legislature passes SB 73, adding VPN checks and giving the state enforcement authority over age verification. The governor signs it in March; it takes effect May 6.

  4. Utah's first age-verification law takes effect

    Regulatory

    Requires adult sites to verify users are 18 or older; passed unanimously.

  5. Pornhub blocks Utah users

    Corporate action

    Aylo disables access for Utah IP addresses in protest of the new law.

Scenarios

1

Judge blocks Utah's VPN age-verification rule

Possible Resolves by End of 2026

Discussed by: Aylo's legal team and constitutional law scholars who view the extraterritoriality argument as strong

Barlow grants Aylo's preliminary injunction, pausing Utah's 2026 law while the lawsuit proceeds. Aylo keeps blocking Utah users. A ruling for Aylo on the dormant Commerce Clause would signal that state laws punishing VPN-using out-of-state users reach too far.

2

Court upholds the law; Aylo appeals

Possible Resolves by End of 2026

Discussed by: Utah's Attorney General's Office, which argues compliance is feasible and not unduly burdensome

Barlow denies the injunction, finding the state's interest in shielding minors outweighs the compliance burden. Utah's rule takes effect for Aylo, and the company appeals to the 10th Circuit, which would then evaluate the novel VPN provision.

3

Rulemaking leads to settlement

Uncertain Resolves by Q2 2027

Discussed by: The joint stipulation, which lets Aylo participate in rulemaking without liability

The Division of Consumer Protection finalizes its administrative rule, expected in October 2026. Aylo's counsel has signaled openness to participating. If the rule addresses key concerns, the company may drop the lawsuit with the law left in place.

4

Utah Appeals the Injunction to the 10th Circuit

Possible Resolves by Q2 2027

Discussed by: Utah Attorney General's Office, which has argued the law is workable

Utah asks the 10th Circuit to lift the injunction, arguing Judge Barlow misread the statute. The VPN provision stays blocked while the appeal runs. The circuit would be the first appellate court to weigh a state law targeting VPN use around age checks.

5

Barlow Rules on the Law's Constitutionality

Uncertain Resolves by End of 2027

Discussed by: Both parties, who continue litigating after the preliminary injunction

Judge Barlow decides whether the actual-location provision violates the Commerce Clause or the First Amendment. His injunction order noted the statute 'says nothing about reasonableness in geolocation efforts.' A final ruling could come in 2027.

6

Legislature Amends Law; Aylo Drops Lawsuit

Uncertain Resolves by Mar 15, 2027

Discussed by: Joint motion from Aylo and Utah Attorney General, which stated the parties anticipate the legislature may amend S.B. 73

Utah's 2027 session rewrites the VPN provision, adding a reasonableness standard. If the amendment addresses Aylo's constitutional objections, the company could drop the lawsuit. The injunction is the backdrop for negotiations.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

2023-2025

Free Speech Coalition v. Paxton (2023-2025)

Texas passed an age-verification law in 2023. Adult-industry group Free Speech Coalition sued; Pornhub blocked Texas users. In a unanimous three-judge ruling in 2025, the 5th Circuit upheld the law.

Then

The law stands; Pornhub remains blocked in Texas.

Now

The ruling validated age-verification mandates and encouraged similar laws in other states.

Why this matters now

Utah's 2023 law mirrors Texas's approach. But Utah's 2026 VPN provision is new territory the Texas court never considered.

June 1997

Reno v. ACLU (1997)

The Supreme Court struck down the Communications Decency Act's indecency provisions, ruling the internet deserves full First Amendment protection. Justice Stevens called it a 'vast democratic forum.'

Then

The CDA's speech restrictions were voided.

Now

Set the baseline that adult content online is protected speech, which all age-verification laws must now work around.

Why this matters now

Utah's law must clear the strict bars Reno set for content restrictions, even though it targets access rather than speech itself.

April 2002

Ashcroft v. Free Speech Coalition (2002)

The Supreme Court struck down prohibitions on 'virtual' child pornography that did not involve real minors, finding them overbroad under the First Amendment.

Then

The provisions were voided; the government shifted to prosecuting cases involving actual abuse imagery.

Now

Reinforced that online sexual speech receives strong constitutional protection, shaping how courts view age-verification laws.

Why this matters now

Like Ashcroft, the Utah case asks how far the government can go to protect minors from online sexual content without trampling adult speech.

Sources

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