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Electronic Frontier Foundation Government Privacy The Internet

Court Agrees with EFF: Utah's VPN Law Demands a Technical Impossibility (eff.org) 50

"When state lawmakers attempt to rewrite how the internet works," argues an EFF blog post, "users rely on courts to recognize that laws can't make technical impossibilities a reality."

"That's why we were happy to see that a court has blocked Utah's attempt to outlaw the privacy protections of Virtual Private Networks (VPNs)." In a win for digital rights, a federal judge has issued a preliminary injunction blocking Utah's SB 73, the state's draconian anti-VPN age verification law... Signed into law earlier this year, SB 73 attempted to regulate adult websites by requiring them to block VPN users or to identify the physical location of visitors using them or similar tools that mask their network traffic. It even went so far as to prohibit websites from offering instructions on how to use a VPN to bypass these checks. This made Utah, to EFF's knowledge, the first state in the nation to target the use of VPNs to avoid legally mandated age-verification gates. The Utah federal court halted enforcement of the law's VPN provisions last week, ruling that the law likely violates the U.S. Constitution's prohibition on passing laws that significantly burden businesses and people outside Utah's borders.

SB 73 burdens the rights of all internet users outside of Utah because it requires adult websites to either know every visiting user's physical location, and then block those in Utah, or to verify every visitor's age just in case they might be in Utah. The law's "actual-location provision in practice requires an entity to perform age verification services for every user visiting its site from any location because the entity would violate the law if even one of those users happened to be obfuscating," the court wrote. The court essentially ruled that Utah has less-burdensome ways to prevent Utah minors from accessing adult websites than requiring all users in the world to comply with SB 73.

EFF's position is that "forcing platforms to detect and block privacy-preserving tools undermines user privacy and security worldwide while demanding the impossible."

But there's another problem, explained an EFF email this week. "Age verification laws that are predicated on users possessing identity documents exclude critical sections of populations. And this problem is global in nature: Millions of people lack government-issued identification or encounter regular challenges to obtaining or updating it...." Every site-blocking bill has the same rotten idea at their core: That enforcing copyrights requires building a censorship machine for websites into the architecture of the internet. This is, of course, a disaster for a free and open web. These proposals keep coming, but there is still no way to create a mechanism for blocking access to an entire website that does not invite both deliberate abuse and lots of collateral harm to free and lawful speech.
EFF has declared this month "Opt Out October," and each day they're offering new guides on how to "stand our ground and take control over what happens with our data."

Court Agrees with EFF: Utah's VPN Law Demands a Technical Impossibility

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  • Then why call it AI when it clearly isn't? Might as well call yourself Napoleon if you believe so.

  • A better law (Score:1, Insightful)

    by bmajik ( 96670 )

    A better law might simply say:

    "if you cannot be sure that the person trying to access your content is an adult, don't serve them the content"

    The porn industry has done a pretty good job of pushing back against _any_ requests for them to not peddle porn at kids by whining that the only way to fix problems is technical impossibilities that break the internet for everyone else.

    That's nonsense, of course. The actual appropriate mechanism is to have the following policies:

    1) "the internet gets to be private and

    • Re:A better law (Score:4, Insightful)

      by allo ( 1728082 ) on Saturday October 17, 2026 @08:12PM (#66380330)

      Even better law: Label your content and you're done. But like the RTA label on your site, and parents can configure the kid's PC to block everything that contains the label. That's a standard since 20 years and it is very simple to detect and already adopted by some large sites. Most porn sites do not want to serve to kids, so they probably do not have any problem to add the label if it becomes a requirement. And detecting it is trivial and could even be added in browsers directly.

      • by evanh ( 627108 )

        I like it.

        User tracking has a similar problem that needs fixed as well. It has taken away user choice and gives all the control to the ad industry ... and anyone else snooping on the data.

        The ad industry needs to switch back to context based ads, rather than user profile based.

        • by allo ( 1728082 )

          I read just now, that Facebook had a feature (or still has) to detect when young girls delete a selfie to then show ads for cosmetics. Don't they dare to tell tracking is not about manipulation and exploitation.

      • by AmiMoJo ( 196126 )

        To be fair though, I'm not sure the EFF is right here. It depends how the law was worded. For example, in the UK sites have to have "effective" measures to prevent under 18s accessing adult material. Not perfect, just "effective" in most cases.

        Any many websites certainly do have effective measures against VPN users. Often pages won't load, or you get hit with multiple captchas.

        Not that I'm endorsing this law, but as a VPN user I can say for certain that many websites do detect and block them, or at least th

        • Re:A better law (Score:4, Interesting)

          by flink ( 18449 ) on Sunday October 18, 2026 @11:09AM (#66380992)

          Any many websites certainly do have effective measures against VPN users. Often pages won't load, or you get hit with multiple captchas.

          To be actually effective though that requires that the website know the CIDR of every VPN provider on the planet, which I doubt they do. Sure they can block the big ones that advertise on Youtube and podcasts, but there are plenty of others that are most likely flying under the radar. I'm running an OpenVPN endpoint, for example. They probably don't have my IP on their list. There's no magic "I'm coming from a VPN endpoint flag in TCP" that a VPN provider can set, and no privacy-respecting provider would if there was.

          And why should one jurisdiction get to destroy the privacy of the rest of the internet so that their age restriction laws get to be enforced? Blocking VPNs is only necessary if you need to geolocate someone so you know if you need to check their ID. Take away the ID check and there is no need to block VPN as it buys you nothing in terms of blocking minors.

          The only really "effective" measure that respects privacy is to label content, and then parents need to parent and, if necessary, only provide children with devices that are locked down and block inappropriate content. Or don't. There are multiple ways to raise a child.

    • by Anonymous Coward

      Commercial porn sites go out of their way to comply with rules to make sure their sites are filtered by adult content filtering software. This appeased the right for the past 20 years or so.

      Now the right is actively trying to dismantle the porn industry as part of Project 2025 so that's no longer good enough. Now they want porn sites to check IDs because it's suddenly too hard for parents to put parental controls on phones and PCs now. No porn consumer in their right mind will hand over an ID to a porn site

      • by PPH ( 736903 )

        This appeased the right for the past 20 years or so.

        Not really. If you want to appease the moral conservatives (right as well as left), you have to get rid of porn. It took them 20 years to take the next step toward total eradication.

    • I hope I didn't misread the summary, but it looks like the eff's argument and the judge's ruling is that #2 is not possible.

    • by gweihir ( 88907 )

      You miss the little detail where US law is not enforceable globally and most of the globe does not give a rat's ass about US law.

    • That's one hell of a dumbfuck definition of "better" if your idea for a better law is one in which the people creating said law can't figure out how the fuck it would even be feasible for a business to operate under it, so leaves it up to them to figure out or face criminal prosecution.

      .
      A better law would actually be:

      1) "the internet gets to be private and anonymous by default
      2) "Deal with it."

  • "For the children" is always dubious because it tends to have authoritarian undertones (and supporters). Regardless of that, it tends to take away privacy and/or freedoms.

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