Court agrees with EFF: Utah's VPN law demands a technical impossibility
A U.S. court has sided with the Electronic Frontier Foundation in finding that Utah’s new law targeting pornography sites and VPN use demands a technical impossibility. Commenters explain that reliably detecting and blocking all VPN traffic—especially only for users physically in Utah—is not feasible, and attempting to do so would effectively force sites to restrict or surveil users far beyond the state’s borders, likely violating the Constitution’s limits on extraterritorial regulation and free speech. The case is framed as part of a broader trend of governments using “protect the children” or anti-porn justifications to push toward more expansive internet control and censorship.
Utah VPN Porn Law and Court Ruling
- Law requires adult sites to block Utah minors and treat any Utah user behind a VPN/proxy as “in Utah.”
- Court agreed with EFF that this effectively demands technical impossibilities (perfect VPN and location detection).
- Commenters see the law as “lawfare” against porn: make compliance impossible, then punish or drive sites out of Utah.
Technical Feasibility of Blocking VPNs
- Broad agreement: you can block “known” commercial VPNs (provider IP ranges, datacenter IPs, heuristics, reputation).
- But it’s impossible to:
- Maintain a complete, accurate list of all VPN/proxy exit nodes.
- Distinguish a self‑hosted VPN or friend’s router from normal residential traffic.
- Reliably tell if someone on a VPN is physically in Utah.
- Some argue “good enough” detection plus overblocking is fine; others note the law demands perfection, not best effort.
Geolocation and Existing Practices
- DraftKings and similar services block many VPNs and use phone-based geolocation; this satisfies looser state rules.
- Utah’s statute is stricter: a Utah user on any VPN still counts as “in Utah,” making DraftKings‑style approaches insufficient.
- Overblocking VPNs would burden users everywhere, not just Utah residents.
Constitutional and Jurisdictional Issues
- Several posts cite Dormant Commerce Clause concerns: Utah can’t effectively force global sites to verify all users or tailor behavior for one state.
- The law also bans explaining how to bypass age checks with VPNs, which many see as a clear First Amendment problem (though some note commercial speech has weaker protection).
Censorship, Surveillance, and “Internet Routes Around” Debate
- Mixed views on the adage that “the internet routes around censorship”:
- Some say China/Iran show states can largely control or shut down access, especially by making VPN use risky.
- Others note evasion (VPNs, Starlink) still exists for a small, motivated minority.
- Discussion of technical levers: SNI, certificate authorities, national firewalls, whitelisting vs blacklisting.
Debate over Pornography’s Harms
- Critics of porn cite:
- Religious/moral objections.
- Claims of trafficking, coercion, and broader harm to women.
- Concerns about addiction, social withdrawal, and shifting sexual norms.
- Defenders argue:
- Causation claims (e.g., porn → abuse) are weak or analogous to “video games cause violence.”
- Abuse exists in many industries; focus should be on punishing coercion, not banning an entire category of speech.
- Prohibition is unworkable and pushes content into black markets.
Religion and Utah Politics
- Multiple comments frame Utah’s government as heavily influenced by the LDS church, leading to:
- Restrictive policies on cannabis, alcohol, queer rights, and now porn.
- Others push back that most LDS members are not the stereotypical Christian nationalists.
Proposed Alternatives and Critiques
- Ideas floated:
- VPN providers doing age checks or blocking porn for Utah customers.
- Restricting access to “residential” IPs only (criticized as technically vague).
- Content‑level flags (e.g., NSFW headers) and client‑side parental controls.
- Many argue technical blocking is a poor substitute for education and that these tools are easily repurposed for broader speech control.