Aylo Challenges Indiana Lawsuit Over Age Verification Violation

Aylo Holdings has filed a motion to dismiss a lawsuit brought by Indiana Attorney General Todd Rokita alleging that the company violated the state's age verification law. The lawsuit claims that Aylo failed to prevent access by users who employ VPNs and similar means to avoid geolocation.

Background on the Lawsuit

In December, Attorney General Todd Rokita filed a complaint against Aylo and its subsidiaries, alleging that they violated Indiana's age verification law. The complaint contended that IP address restrictions implemented by Pornhub and other Aylo sites "are insufficient to comply with Indiana's Age Verification Law because Indiana residents, including minors, can still easily access the Defendants' websites with a VPN IP or proxy address from another jurisdiction or through the use of location spoofing software."

Aylo's Response

Aylo has responded to the lawsuit by arguing that the state's interpretation and application of the age verification law violates the First Amendment, the Due Process Clause, and the Commerce Clause. In its supporting brief, Aylo asserted that "Plaintiff takes the position that website operators cannot avoid violating the AVL by blocking Internet traffic from Indiana IP addresses unless those technological restrictions also prevent users from circumventing the geoblocks through VPNs routing traffic through IP addresses associated with other states."

Aylo's brief further argued that "the AVL contains no such requirement." The company also pointed out that investigators working for Rokita's office accessed Pornhub and other Aylo sites from Indiana using a VPN with a Chicago IP address, but this does not indicate that the sites "lacked any reasonable form of age verification."

Key Facts

• Aylo Holdings has filed a motion to dismiss a lawsuit brought by Indiana Attorney General Todd Rokita.
• The lawsuit alleges that Aylo failed to prevent access by users who employ VPNs and similar means to avoid geolocation.
• Aylo argues that the state's interpretation and application of the age verification law violates the First Amendment, the Due Process Clause, and the Commerce Clause.
• The company claims that the AVL contains no requirement for website operators to implement measures preventing users from circumventing geoblocks through VPNs.
• Investigators working for Rokita's office accessed Pornhub and other Aylo sites from Indiana using a VPN with a Chicago IP address.

Aylo has also argued that the state lacks jurisdiction over its websites because it geoblocked IP addresses associated with Indiana to avoid doing business in the jurisdiction. The company claims that "Indiana’s AVL does not require website operators to implement measures preventing users from circumventing geoblocks through VPNs."