FSC Issues Open Letter to Anti-Porn Utah Senator Over New AV Law

FSC Issues Open Letter to Anti-Porn Utah Senator Over New AV Law

SALT LAKE CITY — Free Speech Coalition Executive Director Alison Boden on Tuesday issued an open letter addressed to the Utah Senate’s leading anti-porn activist, requesting clarification on how adult sites might comply with SB 287, the state’s controversial new age verification law.

SB 287 is one of several anti-porn measures promoted in Utah by the Republican Party, which controls all branches of the state’s government. It is similar to a Louisiana age verification bill that went into effect January 1.

Boden wrote to the measure’s chief architect, Sen. Todd Weiler (R-Woods Cross), that the bill is “so vague — and the requirements for compliance so contradictory — I cannot figure out how FSC members can follow this law.”

The FSC open letter to Weiler follows:

Subject: Compliance with SB287 

Dear Senator Weiler,

I am writing to express my concerns about the bill you sponsored, SB287, which takes effect on May 3. As the Executive Director of the Free Speech Coalition, the trade organization for the adult industry, I am tasked with interpreting your bill to create guidance for our members when the law goes into effect. Unfortunately, despite consulting over a dozen lawyers, I must admit I'm stumped. The law is so vague — and the requirements for compliance so contradictory — I cannot figure out how FSC members can follow this law. 

SB287 gives three options for complying with the law, none of which we understand, despite being intimately familiar with existing age-verification protocols:

First, a "digitized information card … available through a state-approved application". Unlike Louisiana (which crafted the legislation SB287 is based on), Utah does not have a system for verifying a Mobile Driver's License online. 

Second, verification through a database that is "regularly used by government agencies and businesses for the purpose of age verification." We are unaware of how to determine whether a database meets this criterion and would appreciate it if you could provide direction on this point.

Third, "any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material." This language seems to imply that age verification providers must contract with data brokers — an option with significant privacy issues for Utahns. This is especially so since the law does not require providers to meet any of the security standards used by reputable age verification services (for example, ISO/IEC 27001, SOC 2, or BSI PAS 1296:2018).

There are many other methods of age verification in use that are not specifically authorized by the law. For example:

  • Non-digitized identification documents
  • Mobile phone records
  • Biometric analysis
  • Open banking and credit card data

We are concerned that because the bill is unclear on which approaches are approved, it is possible that different courts could interpret the law in different ways. Without unambiguous guidance, we fear that even sites that make a good-faith effort to comply risk being sued, even if they are using more aggressive methods of age verification.

Beyond the method of compliance, the fundamental question of which sites are required to institute age verification is entirely unclear. SB287 specifies that sites containing more than 33 ? percent material "harmful to minors" must institute age-verification protocols. How is that percentage calculated? The volume of data? The number of posts? What is the proper metric to measure? Gigabytes? Character count? The number of images? Video runtime? Does the law apply to social media platforms, like Twitter and Reddit, which host substantial amounts of content that the law designates harmful to minors? 

Further, SB287 specifies that the commercial entity which posts the content to the internet from a site with a substantial portion of such material is liable. In this case, who is responsible — the website on which such content is posted, the entity that posted the content, or both? 

You may recall that we wrote to you while the legislature was considering this bill, requesting a dialogue about these issues. While we understand that you may be morally opposed to our work and perhaps object to our right to speech, we could have — at the very least — helped you draft a technologically sound law. The offer stands.

Thank you for your time and consideration.

Sincerely,

Alison Boden

Executive Director

Free Speech Coalition

Main Image: Sen. Todd Weiler (R-Woods Cross). Source: Utah Senate

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Stalwart Defender: Jeffrey Douglas on 30 Years Fighting for Free Expression

“If you had told me in 1995 that I would be on the FSC board for 30 years, I would have laughed out loud,” says Jeffrey Douglas.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More