Critics argue that the new Utah statute is poorly written and vulnerable to legal disputes.
A new Utah law, effective as of Wednesday, attempts to prohibit the use of VPNs to access pornographic websites. The law is part of SB 73, amending the state’s existing age-verification requirements, which previously demanded proof of age for accessing adult content or material considered “harmful to minors” by the state.
Originally enacted in 2023, Utah’s age-verification law, SB 287, stipulated age checks via digital ID, third-party verification, or credit card.
Upon the law’s activation, Pornhub restricted access to Utah users. Critics maintain that conventional age-verification methods easily fall short due to circumvention via VPNs, which conceal a user’s true location. Utah’s law targets this issue, prohibiting porn sites from allowing VPN usage:
“A commercial entity operating a website with substantial material harmful to minors may not facilitate or encourage using a VPN, proxy server, or other means to bypass age verification requirements.”
Lia Holland, from the digital rights group Fight for the Future, criticized Utah’s uniqueness in targeting VPN usage, suggesting it can’t effectively enforce such a requirement. The Electronic Frontier Foundation also expressed concerns, emphasizing that the law compromises privacy for Utah residents while setting a negative precedent for internet privacy globally.
Senator Calvin Musselman defended SB 73 as a measure to protect children while retaining internet freedom, paralleling controls on alcohol, tobacco, and gambling. Nonetheless, SB 73 is the first U.S. law attempting to ban VPNs, with similar proposals underway in Michigan and the UK.
Age-verification measures often lead to secondary censorship, restricting the means to bypass age checks. Experts have cautioned against such broader implications for digital freedoms.