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Civil Litigation

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California Enacts SB 690, Curtailing Private CIPA Pen-Register Lawsuits Against Websites and Apps

On September 30, 2026, California Governor Gavin Newsom signed Senate Bill 690, materially changing the litigation landscape under the California Invasion of Privacy Act (CIPA). The amendment sharply limits private lawsuits under Penal Code § 638.51 based on alleged use of a pen register or trap-and-trace device on a website, online application, or mobile application. For businesses that have faced the recent wave of CIPA demand letters and class actions aimed at pixels, analytics tools, advertising technology, and other online tracking, the change is significant. But SB 690 is not a wholesale repeal of CIPA. It leaves intact CIPA’s separate…

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Federal Court Blocks Utah’s “Actual-Location” Age-Verification Provision

On September 24, 2026, a federal court in Utah issued a preliminary injunction preventing Utah from enforcing a 2026 amendment to its adult-content age-verification law that treated a user as accessing a website from Utah whenever the user was actually located in the state, even if the user used a VPN, proxy server, or similar technology to appear to be somewhere else. The ruling does not strike down Utah’s underlying age-verification law, which remains enforceable. Why the Ruling Matters The challenged provision required covered websites to account for Utah users who conceal their location. The court concluded that, as written,…

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Stop Using AI-Generated Legal Documents Before They Cost You Everything

Artificial intelligence can write a contract in seconds. That does not mean it can write the contract your business actually needs. Across the adult industry, operators, creators and producers are increasingly using generative AI to prepare model releases, performer agreements, privacy policies, takedown notices, employment documents and responses to regulators. The appeal is obvious: legal work is expensive, AI is fast, and the resulting document often looks impressively professional. That polished appearance is exactly what makes the practice dangerous. An AI-generated legal document can contain proper formatting, sophisticated terminology and confident citations while being fundamentally wrong. It may rely on…

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Supreme Court Allows Texas App Store Age-Verification Law to Remain in Effect

On July 6, 2026, the United States Supreme Court declined to block enforcement of Texas’s App Store Accountability Act, leaving the law in effect while litigation continues. The Supreme Court’s action is not a final ruling on the constitutionality of the law. However, as a practical matter, adult-industry platforms, creator platforms, social platforms, dating apps, marketplace apps, and other mobile-app operators should treat the Texas law as currently enforceable and evaluate whether their app-store distribution, age-assurance, parental-consent, privacy, monetization, and compliance practices need to be updated. What the Texas Law Does The Texas App Store Accountability Act requires covered app…

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Federal Court Rejects Personal Jurisdiction Over Foreign Adult Website Despite CDN Use, Cookies, Geolocation, and Advertising Revenue

In a significant decision addressing personal jurisdiction in the digital age, the United States District Court for the District of Kansas dismissed claims against a Spanish-operated adult-content website, holding that the website’s use of content delivery networks (CDNs), cookies, geolocation technology, and advertising revenue did not establish sufficient contacts with Kansas to satisfy constitutional due process requirements. The Case In Q.R., a minor, by and through Jane Doe v. Pump Lab, SL, Case No. 6:25-cv-01095 (D. Kan. June 22, 2026), a Kansas plaintiff alleged that a foreign pornography website violated Kansas’s age-verification statute by allowing a minor to access adult…

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SCOTUS Rules ISPs Not Liable for Piracy in Music Rights Case

WASHINGTON — The U.S. Supreme Court ruled unanimously last week against music industry record labels in a high-profile content piracy case brought against the country’s third-largest internet service provider (ISP). The ruling has implications that impact content piracy mitigation efforts in creative industries across the board, including adult entertainment. One of the core sentiments in the Supreme Court's ruling is that an ISP cannot be held liable for the actions of a third party. In 2018, rights holders, including Sony Music Entertainment, Universal Music Group, and Warner Music, sued Cox Communications. A lower court handed the music industry a verdict…

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European Commission Opens Formal DSA Investigations into Pornographic Platforms to Safeguard Minors

Key Takeaways Formal Proceedings Initiated: The European Commission has opened formal investigations into Pornhub, Stripchat, XNXX, and XVideos for suspected breaches of the Digital Services Act (DSA), focusing on the lack of effective age verification and child protection measures. Core Allegations: The platforms are suspected of failing to: Implement appropriate and proportionate age verification tools. Assess and mitigate risks related to minors’ access to adult content. Ensure the rights and well-being of children are central to platform design. VLOP Status Change: Stripchat is being de-designated as a Very Large Online Platform (VLOP) after falling below the active user threshold for…

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Adult Industry Attorney Corey D. Silverstein comments on New Utah Law that Opens Adult Sites to Potential Lawsuits

As reported by XBIZ, “Utah has become the first state to allow civil lawsuits against distributors of adult content for mental and physical damages incurred by minors accessing such material.” The full article can be found online here. A full copy of S.B. 185 – Cause of Action for Minors Injured by Pornography can be found here. Upon request for comment from XBIZ, adult business lawyer, Corey D. Silverstein was quoted: Corey D. Silverstein, an industry attorney, told XBIZ that he finds the new Utah law ludicrous. "While I’d certainly hate for any of my clients to be faced with…

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It’s Not Just Legal Jargon!

Don’t overlook provisions for Choice of Law, Forum Selection and Arbitration. About a month ago, I started thinking about topics to cover in this column and right about the same time I had to upgrade to the latest version of Microsoft Office. As I was installing the software, a message popped up on my monitor that asked me whether I had read and understood the terms and conditions of the software upgrade. I can honestly say that I didn’t spend any more than 3 seconds reading the terms and conditions before I checked the box and proceeded with the installation…

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