Pornhub, and the rest of the Mindgeek network (now owned by Ethical Capital Partners) have a long history of delivering high quality adult content to the world.  The safety measures they use have kept users from uploading or observing illegal content. Such as child porn, bestiality, and snuff videos to name a few.  Because of this, they have become the most widely used, and most widely known adult content sites on the web.  However, back in May, users in the state of Utah who have tried to access any of the Mindgeek sites have been blocked by the network due to changes in the law. That new law is SB 287. SB 287 requires sites that contain more than 33 percent adult content to verify the age of their users.  Today we will look at the potential fallout of SB 287 and Pornhub’s ban on Utah.

what is SB 287

First, let us talk about what SB 287 is.  SB 287 “creates obligations and liabilities for a commercial entity that provides pornographic or other materials that could be harmful to minors.”  It basically makes owners of adult content sites responsible for damages if a child or teenager access their content.  SB 287 is vague in what exactly all that means, but at its core, adult sites must come up with a way to verify whether the person trying to access their data is over the age of 18.  A simple age gate will no longer cut it.  Rather than having users transmit personal data over the web, the network has opted to just block the state all together.  And their reasoning is sound.

Pornhub’s ban on Utah is voluntary

It is important to mention that Pornhub’s ban on Utah is voluntary.  Nowhere in SB 287 does it require such drastic measures.  That said, I cannot blame ECP for making this drastic decision.  Rather than mine data from their users, they are choosing to cut their users off.  I can respect that, even though I am not happy about it.

Having users submit a copy of their state issued ID every time they wish to access pornographic materials creates potential security risks.  Especially when you consider the amount of volume these sites get.  The amount of personal information that would be transmitted daily would make any identity thieves mouth water.  Then of course, there is the issue of privacy.  The internet has a long history of allowing users free, and unrestricted access to content of all types.  Many users would likely be uncomfortable with their names, addresses, etc being known while browsing for adult content.  Clearing your browser history would no longer be effective at hiding who you are if porn sites were receiving personal data in that way.

Potential fallout from Pornhub’s ban on Utah

I can see a lot of potential fallout from Pornhub’s ban on Utah.  There’s plenty of sites out there that don’t filter their content.  I knew a guy who went to jail for watching a pornographic video of an underage girl.  According to him, she looked 18.  The video was hosted on a site that anyone can upload to.  There is no control taken by the owners of that site to filter content or verify the ages of content creators.  Sadly, most porn sites fall in this category.  Mindgeek sites have a long history of ensuring only legal content is uploaded.

In the case of teens who are actively looking for porn, the above-mentioned issue could be much greater.  A teen might not know that the things they are searching for are illegal.  Unfortunately, ignorance isn’t bliss.  They could expose themselves to incredibly harmful content that could have legal repercussions.  Pornhub’s ban on Utah increases the chances of this happening, as instead of going to a known and trusted porn site, they will just do a google search or find a potentially less reputable site.

Another issue of Pornhub’s ban on Utah is a loss of revenue.  Porn sites make all their money from advertising.  The more people who see ads on their site, the more money they make.  This goes both ways, too.  Companies in Utah will likely drop their ads from the network.  Back when Alien Love Co was The Flesh Portal, we did quite a bit of advertising on Mindgeek sites.  Content creators that reside in Utah will also be affected by the ban.  A lot of creators use Pornhub to advertise for their Fansly and Onlyfans pages.  The Pornhub ban on Utah doesn’t just affect consumers of pornography.

SB 287s impact

I think its fantastic that our elected officials are trying to protect minors from being exposed to harmful content.  And that is exactly what SB 287 is trying to do.  however, I do not think adult content sites should have to bear the burden of policing their users.  No other industry is held responsible in this way. If a child or teenager steals their parents’ car keys and crashes the car, the kid, or the parents generally get blamed.

Of course, every effort should be made by adult sites to prevent accidental exposure to harmful content. Things like age gates that add an extra click before accessing a site, or registering a site with the RTA to allow filters to block it, work well. If a parent does not want their kids to look at certain content online, it should be the responsibility of the parent to regulate that. There are plenty of ways to prevent a kid from accessing harmful content. From parental controls to internet filters, to flat out access denial.  Though taking away a teenagers phone every night before bed might be easier said than done.

Possible end state

Ethical Capital Partners proposed a solution of device-based age verification.  They are asking tech companies and government agencies to make it possible to verify a user’s age based on the device they are using, though no prototype exists yet.  If I had to speculate, I don’t think this method would be very hard to implement and could most likely be patched into a devices OS.  It would allow the owner of a device to access restricted content without having to send all of their personal data every time they wanted to view something.

Keep in mind, SB 287 isn’t just restricted to pornography, either. In the coming years, I wouldn’t be surprised if industries dealing in other things that could be considered harmful to minors don’t start requiring age verification to access their sites. Things like video game companies that have a high number of Adult rated games. Or gun stores that deal only in firearms. Just some food for thought….

Pornhub’s ban on Utah probably isn’t going to be lifted any time soon.  Not until a viable solution, that keeps users’ privacy intact, can be established.  I strongly encourage all Utah residents who are affected by this ban to contact their representatives and push for device-based age verification.  Your representatives can be contacted through house.utleg.gov or by calling (801) 538-1029