Court Agrees With EFF: Utah's VPN Law Demands A Technical Impossibility
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A federal judge issued a preliminary injunction blocking enforcement of Utah SB 73’s VPN provisions while a legal challenge continues. The ruling says the law likely requires covered websites to locate users with a level of precision current geolocation technology cannot provide, potentially burdening users and businesses outside Utah.

A federal judge has temporarily blocked Utah from enforcing SB 73’s VPN provisions, ruling that the law likely requires covered websites to locate users with a precision current technology cannot provide. The order, described by the Electronic Frontier Foundation (EFF), came in a lawsuit brought by Aylo, the parent company of Pornhub and other adult websites, and applies while the case proceeds.

Utah’s SB 73, signed earlier in 2026, regulates age checks on covered adult websites. Its VPN provisions require those businesses to block VPN users or determine the physical location of visitors whose network traffic is masked. The law also prohibits covered websites from providing instructions on using a VPN to bypass the checks. The court order halts enforcement of the VPN-related requirements; it does not, based on the supplied account, resolve every part of the law or the underlying case.

In the ruling, Judge Barlow said the statute effectively requires websites to geolocate users perfectly to avoid liability, even though that level of accuracy is not presently possible. EFF says a website ordinarily sees the IP address of a VPN server rather than the user’s actual location. The judge also noted that the law could require Aylo to verify users broadly because a site could face liability if even one visitor were masking a Utah location.

The injunction followed a legal challenge filed by Aylo. Utah and the company had agreed to pause enforcement while the court considered the request or until compliance rules were finalized. The state’s proposed administrative rules were published September 1, 2026. EFF separately submitted comments opposing them, arguing that proposed methods for detecting location masking could rely on unreliable signals and expand monitoring of users.

At a glance
updateWhen: Preliminary injunction issued in Octobe…
The developmentA federal judge has temporarily blocked Utah from enforcing provisions of its age-verification law that require websites to identify or block users relying on VPNs.

Why Perfect Location Detection Matters

The dispute concerns whether a state can make websites responsible for determining the location of users who take steps to conceal it. Because VPN traffic appears to come from an intermediary server, a website may not be able to distinguish a Utah user from someone connecting through the same service elsewhere. The court’s preliminary finding suggests the law may impose liability without giving businesses a reliable way to comply.

The practical choices described by EFF are consequential: websites could block VPN connections broadly, restrict access for Utah users, or apply age checks to visitors beyond the state. Those outcomes could affect privacy, access and online businesses outside Utah, although the injunction is not a final ruling on the constitutionality of the law.

EFF also argues that the state’s proposed detection rules could prompt companies to monitor connection details such as latency or device time zones. The organization says these indicators can be inaccurate and may lead to mistaken blocks. These are EFF’s objections to the rules, not findings established by the court order as described in the source.

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How SB 73 Reached Court

SB 73 was scheduled to take effect in May 2026 and drew a constitutional challenge from Aylo. The company’s lawsuit contests the VPN provisions. According to EFF, it does not challenge the separate restriction on covered websites sharing information about VPNs.

Utah’s Division of Consumer Protection published proposed compliance rules, identified as R152-78B, on September 1. The notice said the rules could take effect as soon as October 8. EFF submitted comments opposing the proposal, saying it would require businesses to detect tools that obscure users’ locations and could impose broad privacy costs. The court’s injunction means the VPN provisions cannot be enforced while the case remains before the court, according to EFF’s report.

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Limits of the Court Order

The injunction is preliminary, not a final decision on whether SB 73 is unconstitutional. Further proceedings will determine whether the order remains in place and how the court resolves Aylo’s challenge. The supplied report does not give a schedule for the next hearing or a final judgment.

It is also not clear from the available material how Utah will respond to the order, or whether it will revise its proposed rules. The precise scope of any provisions not covered by the injunction is not fully detailed in EFF’s account. EFF’s criticisms of the proposed detection methods remain the organization’s position; the reported judicial finding centers on the law’s location requirements and the limits of current geolocation tools.

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Next Steps in the SB 73 Case

The case will continue as the court considers Aylo’s challenge and whether the preliminary injunction should remain in effect. Utah’s agencies and the parties may also address the proposed compliance rules in light of the order. Until further court action, the VPN provisions covered by the injunction cannot be enforced, according to EFF.

Developments to watch include any new court schedule or ruling, and whether Utah changes its statutory or administrative approach. The present order does not settle the broader question of how age-verification obligations may be applied to VPN users.

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Key Questions

What did the judge block?

The judge issued a preliminary injunction blocking enforcement of the VPN provisions of Utah SB 73 while the lawsuit proceeds. The supplied report does not say that the court struck down the entire law.

Why did the court question the law?

The judge said the law appears to require websites to determine users’ locations with near-perfect accuracy, while recognizing that perfect geolocation is not presently possible. VPNs can make a website see the VPN server’s address rather than the user’s actual location.

Who brought the lawsuit?

Aylo, the parent company of Pornhub and other adult websites, challenged the law. EFF filed comments opposing Utah’s proposed administrative rules but is not identified in the source as the plaintiff in the lawsuit.

Is the ruling final?

No. It is a preliminary injunction that pauses enforcement of the covered provisions while the case continues. The court has not issued a final ruling on the constitutional challenge in the supplied report.

Source: hn

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