Utah has become the first state to require websites hosting adult material to verify visitors' ages, even if they use VPNs to conceal their location. The law also prohibits providing instructions on how to bypass these checks, raising free speech concerns.
This law represents a novel approach by a U.S. state to regulate online content by directly addressing the use of privacy tools like VPNs, potentially setting a precedent for other states and raising significant free speech and privacy concerns.
Utah has become the first state to enact legislation directly targeting the use of VPNs in age-verification efforts for websites hosting adult material. The new law, SB 73, requires commercial websites that "knowingly and intentionally publish or distribute material harmful to minors" to verify the ages of visitors physically located in Utah, even if those visitors are using VPNs or proxy servers to conceal their true location.
The legislation stipulates that operators cannot facilitate or encourage the use of virtual private networks or other tools to circumvent these age verification requirements. Furthermore, websites are prohibited from providing instructions on how to use VPNs or other methods to bypass geographic blocks or age checks. This move by Utah is seen as a significant step in the ongoing debate surrounding digital rights and online content regulation.
Violations of SB 73 can result in administrative fines of up to $2,500 per violation, with courts able to impose similar civil penalties. The law also includes provisions that restrict verification providers from retaining identifying information from users after access has been granted. Privacy company Nym has voiced concerns, arguing that the prohibition on providing information about VPNs restricts speech about privacy tools and raises First Amendment questions.