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On September 24, 2026, U.S. District Judge David Barlow issued a preliminary injunction blocking Utah’s requirement that covered websites determine a user’s actual location even when the user masks it with a VPN or proxy. The order targets Utah Code § 78B-3-1002(3), not Utah’s entire age-verification law, and it is not a final ruling on the law’s constitutionality.
What did the judge block?
In Aylo Freesites Ltd. v. Utah Division of Consumer Protection, Judge David Barlow preliminarily enjoined Utah Code § 78B-3-1002(3), the “actual-location” provision added by SB 73. The provision treated a person as accessing a website from Utah if they were physically in the state, regardless of a VPN, proxy, or other method used to disguise their location. The September 24, 2026 order prevents enforcement of that provision while the case proceeds.
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The court did not strike down all of SB 73 or decide that every age-verification law is unconstitutional. Utah’s separate age-verification provision was not enjoined; Aylo had not challenged it in this motion. The ruling is preliminary, so the constitutional merits remain unresolved.
Why did the court call the requirement impossible?
The order turned on the difference between the statute’s wording and Utah’s proposed interpretation. Utah’s earlier law required covered commercial entities publishing material harmful to minors online to use “reasonable” age-verification methods. SB 73’s actual-location provision, by contrast, did not include a comparable reasonable-efforts standard for determining where a user was physically located.
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Utah argued that websites could identify VPN traffic and combine other signals to estimate location reliably. But the court declined to read a reasonableness qualification into a provision that did not contain one. It concluded that, under the statute as written, a website could face liability for failing to identify a Utah user’s physical location even when that user masked it.
“It is undisputed that geolocation perfection is not presently possible.”
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The order further said the actual-location amendment “requires entities like Aylo to geolocate its website users with perfection to avoid liability.” Its conclusion was about the liability created by this provision—not a finding that every location estimate is useless or that VPN detection can never help.
Why can a VPN make location hard to determine?
A VPN sends internet traffic through an intermediary server. The website a person visits generally sees the server’s IP address, which can point to a different place from the person’s physical location. A proxy can obscure the originating location in a similar way. The court record recognized that these tools can be used to bypass IP-based restrictions, as well as for purposes such as securing communications on public networks, reducing data harvesting, and circumventing censorship.
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Utah identified signals that might help detect VPN use or estimate location, including device time zone and region, language and locale settings, currency preferences, browser-language headers, and historical account activity. Those signals may inform an estimate, but they do not guarantee where a person is physically located. The court found the gap between imperfect indicators and the statute’s liability rule decisive.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What remains in place, and what is still unresolved?
- Blocked for now: The actual-location requirement in Utah Code § 78B-3-1002(3), pending further court proceedings.
- Not blocked by this order: The separate age-verification provision. The court declined to enjoin it because Aylo had not challenged it in this motion.
- Not decided: The ultimate constitutional merits of the challenged law and any final outcome of the case.
- Outside Aylo’s challenge, according to EFF: A separate restriction on covered websites sharing information about VPNs. EFF’s account of the ruling and its broader implications is available in its October 1, 2026 article.
In its contemporaneous report, KUER likewise described the injunction as covering the VPN-related provision while leaving the broader age-verification law in place pending a decision on constitutionality. EFF argues that the location rule could affect users beyond Utah because platforms might have to locate every user perfectly or verify all users to avoid liability. That is EFF’s account of the rule’s wider implications; the court’s order itself preliminarily blocks the specific actual-location provision.
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