District Court Blocks VPN Provision of Utah AV Law

A US District Court in Utah has enjoined a portion of the Utah age-verification law requiring platforms to age-verify users in Utah, regardless of whether users are masking their location using a VPN. Other provisions of the Utah age-verification law remain in effect.

US District Court Judge David Barlow issued the ruling on Thursday:

“Plaintiffs have demonstrated that Utah Code section 78B-3-1002(3), the actual-location provision, is likely to violate the United State Constitution’s dormant Commerce Clause, that irreparable harm will result, and that the equities favor an injunction. Accordingly, the court hereby enters a Preliminary Injunction as follows: That Defendants and their agents, employees, and persons in active concert or participation with them shall not enforce Utah Code section 78B-31002(3) until further order of this court. Nothing in this Order shall be construed as preventing Defendants from otherwise enforcing Utah Code sections 78B-3-1001 to 1008.” 

The decision comes as a result of a lawsuit by Aylo against the Utah Division of Consumer Protection.

“This is a significant early victory against an invasive, technologically unsound law,” says Jeffrey Douglas, Board Chair of Free Speech Coalition. “We thank Aylo for bringing this suit forward when no one else would, and for standing up for the rights of both the industry and its consumers.”

Adult sites should continue to comply with the other portion of Utah’s existing age-verification law.