Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

SALT LAKE CITY — Governor Spencer Cox on Thursday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

In addition to updating investigation and enforcement rules for age verification in Utah, SB 73 will impose an excise tax of 2% on adult sites operating in the state. The new tax will apply to transactions for “access to digital images, digital audio-visual works, digital audio works, digital books, or gaming services,” including streaming or subscription access to those works and services.

Industry attorneys have cited a number of potential legal hurdles such a tax might face. However, Alabama passed a similar 10% tax last year, while legislators in Virginia and Pennsylvania have floated the idea of doing the same.

Revenue from the proposed new tax in Utah will be directed to a state account for funding “(a) mental health treatment programs for minors affected by material harmful to minors; (b) educational programs for parents, guardians, educators, and minors on the mental health risks associated with material harmful to minors; (c) early prevention and intervention programs for minors at risk of mental health harm from material harmful to minors; and (d) research and public awareness campaigns addressing mental health harm to minors caused by material harmful to minors.”

VPN Requirements

The legislation also includes a provision stating: “An individual is considered to be accessing the website from this state if the individual is actually located in the state, regardless of whether the individual is using a virtual private network, proxy server, or other means to disguise or misrepresent the individual’s geographic location to make it appear that the individual is accessing a website from a location outside this state.”

The VPN provision reflects growing concern about the widespread use of techniques to circumvent age verification, which has inspired both state and federal efforts to close that practical loophole.

In Ohio, a bill titled the “Innocence Act” would require adult sites to “utilize a geofence system maintained and monitored by a licensed location-based technology provider” to dynamically monitor a user’s physical location and ascertain whether the user is located in the state, and thereby subject to age verification.

Meanwhile in Washington, the proposed Kids Internet and Digital Safety (KIDS) Act, which would make age verification by adult websites federal law, includes a provision requiring sites to take “reasonable measures” to address circumvention of age verification.

Finally, as XBIZ reported earlier this month, the state of Indiana is suing Aylo, alleging that the company and its affiliates have violated the state’s AV law by failing to prevent access by users using virtual private networks to avoid geolocation — even though Indiana law does not specify a duty to account for intentional circumvention of geoblocking.

The VPN language in SB 73 could similarly impact enforcement of Utah’s existing age verification law, and/or lead to further legal tests of whether sites can be held accountable for access by users who circumvent geoblocking.

The VPN provisions of SB 73 will take effect May 6. The new tax provisions will take effect Oct. 1.

Related:  

Copyright © 2026 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

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Show More