Legal Attacks

LANSING, Mich. — Michigan lawmakers are weighing a controversial proposal that would not only target pornography online but also ban the use of virtual private networks (VPNs) and other digital tools commonly used for online privacy and security.

House Bill 4938, introduced by far-right Republican Rep. Josh Schriver and co-sponsors, is being called the Anti-Corruption of Public Morals Act. The measure seeks to criminalize the distribution of pornography online while also restricting access to what it terms “circumvention tools.”

According to the bill, “circumvention tools” include “any software, hardware, or service designed to bypass internet filtering mechanisms or content restrictions, including virtual private networks, proxy servers, and encrypted tunneling methods to evade content restrictions.”

Critics argue the legislation would have sweeping consequences far beyond adult content, affecting millions of Michiganders who rely on VPNs for privacy, data protection, and remote work. Businesses, schools, journalists, and everyday internet users often employ VPNs to safeguard sensitive information.

“It’s shameful and a complete waste of tax dollars for such a proposal, and if need be, I will appear before the Michigan legislature to oppose this insanity,” said Corey Silverstein, a Michigan-based attorney who represents adult entertainment businesses.

The proposal echoes efforts in other states where lawmakers have pushed for strict online age-verification laws and broader restrictions on adult content. In practice, however, attempts to regulate VPNs at the state level have typically failed, given that they are widely used for legitimate purposes and are protected under federal laws governing commerce and internet access.

For now, legal observers say the chances of HB 4938 becoming law remain slim. Even if it were to advance, any attempt to ban VPNs would likely face immediate constitutional challenges in court.

WASHINGTON — The U.S. Department of the Treasury and the Internal Revenue Service (IRS), under the Trump administration, on Friday released draft guidance on implementing President Donald Trump’s campaign promise of “no taxes on tips.” Sex workers, however, are explicitly excluded.

While some adult content creators had hoped to benefit, the “no tax for tips” provisions in the One Big Beautiful Bill Act, advanced by Republicans in Congress and the White House, do not apply to pornographic work or other forms of consensual sex work.

“The proposed regulations would provide that amounts received for services the performance of which is a felony or misdemeanor under applicable law are not qualified tips,” the draft regulation states. “In addition, the proposed regulations would provide that amounts received for prostitution services and pornographic activity are not qualified tips.” It further specifies that “any amount received for pornographic activity is not a qualified tip.”

Nate Mallory, a tax attorney who represents clients in the adult entertainment industry, had previously warned that lawmakers and regulators were unlikely to interpret the law broadly enough to include sex workers.

He added, “The exclusion of adult industry workers from tip tax benefits would raise serious constitutional concerns.

“Such selective application of tax benefits based on moral judgments about certain occupations could violate Equal Protection principles and would be counterintuitive to the core function of the Internal Revenue Service: to generate and collect tax revenue for the federal budget.”

Mallory concluded: “Tax policy should be based on economic principles, not moral judgments.”

Historical Context

The IRS has a long record of imposing strict tax rules on the adult entertainment industry. Performers and creators have been required to pay both income and self-employment taxes on all earnings, including tips, custom content, and income from subscription platforms. In past cases, courts have consistently upheld the IRS’s authority to tax sex workers even when their underlying activities were criminalized under state or federal law.

For example, strip club performers have successfully deducted work-related expenses — such as costumes, stage makeup, and even cosmetic surgery — but the IRS has never exempted them from paying taxes on income. Similarly, cam performers and independent adult content creators are treated as self-employed workers, responsible for tracking and reporting every dollar earned, regardless of whether it comes through platforms like OnlyFans, live chat services, or direct tips.

By explicitly excluding pornography and prostitution from the “no tax on tips” rule, the new proposal underscores the government’s longstanding approach: while the adult industry is expected to fully comply with tax obligations, its workers rarely receive the same benefits or protections extended to other sectors.

Legal experts say the draft guidance could face challenges, especially if courts view the exclusion as discriminatory or inconsistent with the principle that tax law should be neutral. For now, however, sex workers remain outside the scope of Trump’s “no tax on tips” promise.

Missouri Attorney General Catherine Hanaway has announced a new age-verification rule that will take effect on November 30, aimed at restricting minors’ access to online pornography.

Under the measure, commercial websites where at least one-third of the content is pornographic must implement systems to block underage users from viewing sexually explicit material, according to a release from the Attorney General’s Office.

The rule was established under the Missouri Merchandising Practices Act. Sites that fail to comply could face civil penalties and court orders for engaging in what the office described as an “unfair practice” within the state.

Officials cited research showing that children are being exposed to pornography at increasingly young ages, with the average first exposure occurring at around 11 or 12 years old. By their teenage years, more than 90 percent of boys and about 60 percent of girls have encountered explicit material.

The release also noted that exposure to such content may have neurological impacts, contribute to sexual exploitation, and fuel human trafficking.

The new rule is designed to strengthen parental oversight while placing greater responsibility on distributors to prevent minors from accessing explicit content online.

PARIS — A senior legal advisor to the European Union’s top court has issued a non-binding opinion that could allow France to enforce its age verification law on porn platforms operating from any EU member state.

Maciej Szpunar, Advocate General of the Court of Justice of the European Union, released the opinion on Thursday. He concluded that WebGroup Czech Republic and NKL Associates — the parent companies of XVideos and XNXX — may be required to comply with France’s SREN law, which mandates strict age verification to block minors from accessing adult content.

The two companies had filed suit against the French government, seeking to overturn the law. They argued that it conflicts with EU rules on digital safety, child protection, and e-commerce. France’s digital regulator, Arcom, was given authority to enforce the rules in 2023, prompting the challenge.

At the center of the dispute is the EU’s 2000 E-Commerce Directive, which established the “country of origin” principle. Under that framework, online platforms are typically bound only by the laws of the member state where they are based, rather than by regulations imposed by other EU countries.

Szpunar, however, suggested that France’s SREN law could still apply more broadly across the bloc — provided Brussels does not object. He further advised that the directive’s “coordinated field” could be interpreted to cover technical measures aimed at preventing minors from viewing pornographic material. In other words, age verification requirements could be seen as serving a common good across the EU.

Although Advocate General opinions are not binding, they are frequently influential when the Court of Justice issues its final rulings. The case involving WebGroup and NKL remains under review, with the court yet to decide on the full scope of France’s law.

KABUL, Afghanistan — The Taliban has cut off internet access across large parts of northern Afghanistan, a move it says is intended to curb “immoral activities.”

According to Reuters, the shutdown initially targeted five provinces — Kunduz, Badakhshan, Baghlan, Takhar, and Balkh — and blocked all fiber-optic connections. Reports later suggested the blackout had expanded to as many as 10 provinces. While mobile internet technically remains available, service is unreliable and in many areas largely inaccessible.

Taliban officials have long expressed concerns over pornography, framing it as a justification for stricter online controls. “This measure was taken to prevent immorality, and an alternative will be built within the country for necessities,” Haji Attaullah Zaid, a spokesman for the Taliban government in Balkh province, told the Associated Press.

Critics, however, argue the ban is far more sweeping than necessary. Former U.S. ambassador to Afghanistan Zalmay Khalilzad noted that many Islamic countries filter explicit content without imposing a nationwide blackout. “If pornography is really the concern, it can easily be filtered,” he wrote on X.com, warning that the Taliban is using the issue as a pretext to limit access to information.

“The justification for the decision is absurd and insulting,” Khalilzad added. “It will damage not only the province’s economy but the country’s prospects as a whole.”

Nobel Peace Prize laureate Malala Yousafzai also condemned the move, calling it part of the Taliban’s broader assault on women’s rights. “Shutting down the internet is the Taliban’s latest attempt, under their brutal system of gender apartheid, to cut Afghan women and girls off from the world,” she wrote.

The internet restrictions deepen concerns that Afghanistan is becoming increasingly isolated under Taliban rule, with significant consequences for its economy, education system, and civil society.

NEW YORK — State officials are moving forward with plans to require age verification on social media platforms as part of new child protection measures. The proposal, unveiled Monday by the office of Attorney General Letitia James, stems from the SAFE for Kids Act, passed by lawmakers during the 2023–2024 legislative session.

“Children and teenagers are struggling with high rates of anxiety and depression because of addictive features on social media platforms,” James said in a statement. “The proposed rules released by my office today will help us tackle the youth mental health crisis and make social media safer for kids and families.”

The draft regulations call for age assurance systems, a range of tools designed to determine users’ ages without necessarily requiring government-issued IDs. These measures have been endorsed by the Age Verification Providers Association (AVPA), a trade group representing companies that develop such technology.

“As an organization that represents more than 30 companies that provide privacy-preserving age assurance technology, we are certain the preliminary rules issued by Attorney General James establish a meaningful but flexible standard that online platforms can meet with existing solutions,” said AVPA executive director Iain Corby, praising the proposal as both practical and economical.

He added that AVPA hopes other U.S. states will follow New York’s lead.

The AVPA has been a vocal advocate of stricter online age checks, often clashing with free expression advocates and adult entertainment stakeholders who argue that such measures threaten privacy and First Amendment rights.

If adopted, the regulations would directly affect the country’s largest social media platforms, including X, Instagram, TikTok, Reddit, and Snapchat — networks that are also widely used by adult content creators for marketing and audience engagement.

LOS ANGELES — Twitch has begun verifying the ages of users logging in from United Kingdom IP addresses, according to a Tuesday report from Dexerto.

The streaming platform is the latest to implement strict age verification procedures following the rollout of the Online Safety Act. Under the new rules, U.K. regulator Ofcom requires digital platforms to ensure users pass either a facial scan or submit personal information before gaining access.

“Twitch and k-ID (a third-party vendor we partner with to verify your age) do not store your face scan video selfies,” the company explained. “The video selfie used for facial age estimation is analyzed entirely on your device and will never leave it.”

The move has already drawn backlash. Some Twitch users described the measure as “dystopian,” while others suggested they might stop using the platform altogether.

Adult content creators have long used Twitch to expand their mainstream reach. One prominent example is Amouranth, who streams on both Twitch and Kick and is also an award-winning adult content creator.

TALLAHASSEE, Fla. — Florida Attorney General James Uthmeier has filed lawsuits against Aylo and Segpay in the 12th Judicial Circuit Court of Florida, alleging noncompliance with HB3, the state’s age verification law.

One complaint targets Gethins Limited, Toccata Inc., Segpay Gateway LLC and Segregated Payments Inc., collectively doing business as Segpay, which the filing identifies as the operator of the adult-themed video game platform Lusty Heroes.

The second lawsuit names multiple Aylo subsidiaries, citing Nutaku.net, SpiceVids.com, Pornhub.com, RedTube.com, Tube8.com and YouPorn.com for allegedly failing to meet the law’s requirements.

“Florida is committed to being the best place to raise children,” Uthmeier said in a statement. “We passed strong legislation to keep kids from being exposed to harmful and toxic material, and instead of following it, these platforms ignored it. We are taking them to court to make sure they cannot continue bypassing Florida’s common-sense safeguards.”

Under HB3, violations can result in fines of up to $50,000 per infraction. The suits ask the court to compel the defendants to comply with state law and seek temporary or permanent injunctions to prevent further violations, including under the Florida Deceptive and Unfair Trade Practices Act.

The filings follow a similar action Uthmeier brought in August against several European adult websites over alleged noncompliance.

Adult industry attorney Corey D. Silverstein, representing Segpay, said the company has not been formally served and does not comment on pending or threatened litigation. Aylo has not yet responded to requests for comment.

LANSING, Mich. — Michigan lawmakers have introduced legislation that would criminalize the distribution of pornography over the internet within the state.

HB 4938, introduced last week by six Republican members of the state House of Representatives, seeks to “prohibit the distribution of certain material on the internet that corrupts the public morals.” While pornography is the primary target, the bill also includes provisions that would criminalize depictions of transgender people.

The proposal defines “pornographic material” broadly, covering “any content, digital, streamed, or otherwise distributed on the internet, the primary purpose of which is to sexually arouse or gratify, including videos, erotica, magazines, stories, manga, material generated by artificial intelligence, live feeds, or sound clips.”

Although the bill appears to exempt material protected by the First Amendment, its language leaves unclear how such a ban could be legally enforced, given that pornography is considered constitutionally protected speech. The legislation states that “prohibited material” refers to content not shielded by the First Amendment, but its wording raises concerns about vagueness and potential overreach.

First Amendment attorney Corey D. Silverstein suggested the bill attempts to tie enforcement to the “Miller test,” which determines whether material is legally obscene. However, he noted the language is “poorly written,” making the proposal “vague and ambiguous” and possibly an effort to weaken the established legal standard.

Penalties under the proposed law are severe: up to 20 years in prison, fines of up to $100,000, or both, with additional civil fines of up to $500,000 per violation. The bill also requires internet service providers to deploy “mandatory filtering technology” to block Michigan residents from accessing prohibited material, monitor and block circumvention tools, and restrict specific websites when ordered by a court.

To enforce the measure, the bill calls for the creation of a “special internet content enforcement division” within the state attorney general’s office, staffed with digital forensic analysts, legal experts, cybersecurity specialists and investigators.

Silverstein expressed skepticism about the bill’s future, citing the state’s political landscape. “This bill has virtually no chance of going anywhere, given the current makeup of the Michigan legislature and its far-left Democrat governor,” he said. “The bill is unconstitutional at every turn. Regardless, it is alarming that this type of thinking and government waste continues to occur.”

The bill has been referred to the Committee on Judiciary.

Debates over online pornography bans have intensified in recent months. Earlier this year, Senator Mike Lee (R–Utah) introduced federal legislation that would redefine nearly all visual depictions of sex as obscene, aligning with proposals outlined in the Heritage Foundation’s Project 2025, a policy blueprint that has influenced the Trump administration’s agenda.

LONDON—Ofcom, the U.K.’s digital communications regulator, announced Thursday that it has opened new enforcement investigations into 22 adult tube sites accused of failing to implement mandatory age-verification measures. The platforms are operated by five parent companies based across multiple countries.

“These sites have been prioritized based on the risk of harm they pose and their user numbers, including where there have been significant increases in their user numbers since the 25 July deadline,” Ofcom said in a statement. Together, the sites attract more than 8 million unique U.K. visitors each month.

The companies now under investigation include Cyberitic, LLC; Web Prime Inc.; Youngtek Solutions Ltd.; ZD Media s.r.o.; and the operator of xgroovy.com. Many of the websites under scrutiny appear to be iterations of master scripts used within the affiliate marketing sector of the adult industry, designed to drive and monetize traffic.

For instance, Web Prime Inc. runs multiple tube sites—anysex.com, fapality.com, mylust.com, xcafe.com, and yourlust.com—two of which share nearly identical designs. Such duplication is a common tactic among affiliates seeking to maximize reach.

Ofcom also confirmed that it has expanded existing probes into two additional parent companies, 8579 LLC and Itai Tech Ltd. Norwich-based Itai Tech operates Undress.cc, a deepfake “nudify” app. Like other operators under review, 8579 LLC also runs a series of clone-style sites.

“In addition to assessing their compliance with age-verification requirements for pornographic content, we are now investigating whether these companies have failed to respond adequately to statutory information requests from Ofcom,” the regulator said.