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Open in hackernews

It's official: Utah is the U.S. state closest to banning VPNs

https://tech.yahoo.com/vpn/article/its-official-utah-is-the-us-state-closest-to-banning-vpns-153556814.html
87•giantg2•1h ago

Comments

close04•1h ago
> It's official: Utah is the U.S. state closest to banning VPNs

> The law, which takes effect May 6, doesn't make VPNs illegal — but it's a blow to your rights, even if you don't live in Utah.

> websites subject to the state's age verification law will be legally barred from explaining how to use a VPN to get around age restrictions. They'll also be liable for enforcing age verification for any user within Utah's physical borders — regardless of their apparent virtual location.

The title is disgustingly clickbaity.

giancarlostoro•1h ago
I usually hate weird laws like that, and I hate giving the government more control in general, but... I'm having a hard time really freaking out about just being barred from websites being told not to tell their users... how to bypass the law. This would be bad in many scenarios.
giantg2•55m ago
I'd be more concerned about the second part dealing with blocking. You'd have to undermine the tech to implement it.
axus•44m ago
Same category as banning HTTP links , it's an egregious violation of our natural free-speech rights.
gh02t•44m ago
The concern with this law is that it's constructed in such a way that the only way to comply may end up being for VPN providers to ban Utah. Though that's not the same as Utah banning VPNs since private VPNs would still work, for most users it would be since setting a private VPN up is beyond most people.

Plus the issue of compelling otherwise fully lawful speech around providing VPN instructions.

p_ing•1h ago
Seems like the first part of that law would be struck down on First Amendment challenges.

Second would be technically impossible, or the responsibility of VPN providers to somehow forward geo-location information for website operators to consume.

giantg2•1h ago
"Seems like the first part of that law would be struck down on First Amendment challenges."

Should be, but I wouldn't bet on it. We can see what states have been doing about "child sex abuse material" and arresting people for fictional stories, animations, etc on the theory that it might contribute to viewers becoming predators. It's disgusting stuff to even think about in this principled context, but it's wild that something fake is treated basically the same as the real thing. That's a lot of maybes and what-ifs resulting in child abuse convictions for something fictional. Might as well start up the pre-crime division.

psadauskas•2m ago
The current iteration of the Supreme Court has made it pretty clear they're going to decide whatever partisan truth they want, and that pesky Bill of Rights will not stand in their way.
giantg2•1h ago
I don't think so. How do you think they can implement your third quote with substantially undermining VPNs? Do you know of other states closer to banning them, either directly or indirectly?
babypuncher•13m ago
I fail to see how making it illegal to tell people how to use a VPN isn't a blatant violation of the First Amendment, but I have a feeling the average Republican in my home state thinks Freedom of Speech only applies to them.
allears•1h ago
"Subject to the state's age verification law" -- does that mean any site hosted by a Utah ISP? Any site with a server in Utah? The boundaries get hazier the more you think about them. The intertubes are a global thing, how they gonna enforce that?
OutOfHere•1h ago
This ban has got to be challenged in the Supreme Court for various reasons, not limited to the First Amendment and technological infeasibility.

It is quite the coincidence that the NSA has their datacenter in Utah.

jmclnx•57m ago
The current Supreme Court ?? I really doubt it will say these laws are illegal. They believe in "originalism", that means since the Internet did not exist in 1783, you have no rights to it and can be controlled in any manner the state of site owner sees fit.
tastyfreeze•8m ago
That is not what "originalism" in regards to Constitutional interpretation means. An originalist will attempt to determine how a modern thing like the Internet would fit in to the original purpose of relevant parts of the Constitution. Something as broad as the "the Internet" falls into multiple areas. In regards to this story of the relevant area in the Constitution are the 1st and 4th amendments.

When the Bill of Rights was passed the purpose of those amendments was to restrict government action that may limit a person's ability to share ideas. I think that clearly makes anything that makes privacy online harder unconstitutional.

But, we also don't need the Supreme Court to weigh in on constitutionality. It is the responsibility of citizens to assert their Constitutional rights. That often looks like law suits against the State trying to infringe on our rights.

convolvatron•36m ago
I assure you that the NSA has its own substantial backhaul infrastructure, so local policies don't really affect its operations in any way. I think Utah is just very politically receptive to the idea that citizens communications should be monitored. I guess sure, the NSA likes that position in general, but it doesn't really have anything to do with where they store the bits.
jespinel•1h ago
IMO, this is one of the main strengths of the US: you have 50 different options to live according to your values and beliefs, and relatively little friction if you decide to move to a state that better reflects them.
roumenguha•50m ago
People make tradeoffs when it comes to where to live. You can surely move, but that assumes you have the financial means (if finding a new job is possible for you and your partner, and your children aren't at a point in their lives where moving would be detrimental), the support system, the friend circles, the third spaces and accompanying social systems, the kind of nature and access to that nature that you've grown used to.

Yes, there are 50 states. But besides some superficial differences, they tend to cluster in terms of policy. So, as a state slides further towards one extreme, it's not easy to decide which straw will break the camel's back. Because it could always be worse elsewhere, and is it really worth the trouble?

jnovek•20m ago
I think people who aren’t or haven’t been poor often don’t realize that moving to another state — or even away from your hometown — is a privilege that is cost prohibitive for many Americans.
add-sub-mul-div•50m ago
That's true in principle, but there's a lot of people trapped in red states who in a practical sense don't have the means to leave. I'm privileged to not have to worry about that friction, but I never forget that others do.
__turbobrew__•19m ago
There are lots of people “trapped” in blue states too, if that is how you want to put it.
nine_k•10m ago
Blue states are mostly states with large coastal cities, and thus larger incomes.
giantg2•4m ago
You seem to forget that those states tend to have rural (red) populations that get affected by the laws the larger population in the cities pass at the state level.
Aurornis•39m ago
> and relatively little friction if you decide to move to a state that better reflects them.

True when compared to emigrating to another country, which is much harder than most assume.

Moving is extremely disruptive if you have a lot of family and friends nearby, though. You go from having a huge community and social circle to almost nothing. Maybe some work friends to begin seeding a new social life, but everything has to be rebuilt.

This is why “if you don’t like it, you can leave” (the parent commenter didn’t claim this, I’m being it up separately) is not a good argument for tyrannical government decisions that get imposed on citizens of a location. They are invested in that place and have built lives there. Telling them to abandon it all and start over somewhere else is not a reasonable response. Some things have to be fought.

Ajedi32•14m ago
Fair point, though I still think it's a pretty good backstop if the worst thing a tyrannical government can do to you is force you to move 100 miles.
mothballed•30m ago
Unfortunately the 10th amendment has been undermined by disingenuous readings of the commerce clause and other fuckery, and states and people have whatever scraps of power congress / the feds don't feel like asserting. If you don't like it, well, lol, the civil war established the states cannot check federal power by seceding and as we are witnessing the sky is rapidly becoming the limit.
nine_k•5m ago
There's still plenty of difference between e.g. Texas and California.

There ought to be some significant level of cohesion between constituent states in a federation (like the US or India) or even a confederation (like the EU or Switzerland), else the common market and the common law system won't be able to function. It should not be overdone though.

__turbobrew__•30m ago
As a Canadian citizen, this is one of the things I envy about the USA the most: having 50 different choices. There is currently a lot of tension in Canada between provinces like Alberta and Quebec which want very different things but are bound by the same set of laws. In Canada you are given some choice regarding geography (although the vast majority of population lives within 100km of the southern border, so in reality if you want to live in a city there isn’t much choice), but very little choice when it comes to laws and general governance.

I personally would love to live in a western state like oregon, arizona, or new mexico where I feel like there is an appropriate balance between freedom, geography, and government for my lifestyle.

washingupliquid•6m ago
> I personally would love to live in a western state like oregon, arizona, or new mexico where I feel like there is an appropriate balance between freedom, geography, and government for my lifestyle

And no more snow to shovel.

SilverElfin•29m ago
Sure but there’s also a constitution. And inhibiting speech and expression by attacking anonymity and privacy is a violation.

Of course, SCOTUS may not see it that way. But clearly this is an imposition of the age verification strategy in project 2025, which is meant to be an imposition of Christian religious values on everyone.

pjmlp•28m ago
That mostly works when you're single and without any hard ties.

Uprooting a well grown tree isn't easy.

mothballed•23m ago
There's also some double standards. If you walk from Ecuador to Texas, passing through the Darien Gap and one of your kids gets ripped into some river never to be seen again, finally showing up in El Paso to sleep under a bridge until the heat exhaustion goes away, then you are a glorious immigrant who put it all on the line to give your family a better life.

If you hitch-hike from California to Vermont while feeding your kids whatever rats and river water you can dredge up and then set up a tent in the forest until you can score a job at Dollar General, then you are an evil neglectful bastard and the state will be on your ass and take your kids away.

You might be better off actually moving countries if you are broke. Because for whatever reason it is better tolerated because you can just say you were broke and your children went through hard times because the last country was evil or something.

washingupliquid•17m ago
Placing an impassable wilderness like the Darien between California and the rest of the states sounds like a terrific idea honestly.
dan353hehe•7m ago
I'm guessing you have never driven though Nevada.
washingupliquid•4m ago
> driven

Yes, unlike the Darien, Nevada has a few roads for the Californians to sneak in and out.

djeastm•16m ago
>relatively little friction

That word "relatively" is doing a lot of work in this phrase. 50 options sounds great until you think about the realities of it. As someone who's moved around a half dozen times, shared "values and beliefs" pales in comparison to the practical concerns of jobs, family, climate.

ramesh31•13m ago
>IMO, this is one of the main strengths of the US: you have 50 different options to live according to your values and beliefs, and relatively little friction if you decide to move to a state that better reflects them.

Also a weakness. Utah, one of the most stunningly beautiful states in the union, is completely under the grip of a regressive theocracy that has controlled nearly every aspect of life there for over a century. Really sucks.

yalogin•11m ago
In theory yes, but it’s not applicable to the vast majority of people. You have to be musk or bezos to have that flexibility.

Even then as you see with the abortion ban, the folks on that side will not be satisfied without a federal level policy and they are just whittling away state by state.

kstrauser•10m ago
The problem is when some states get full of themselves and try to regulate wants to remove the right for local kids to see adult content by pushing complex, unmeetable requirements onto all 50 states. Texas wants to block the other 49 from sending Federally-legal medicines to Texas residents. In general, "small government" states spent a lot of time and effort making other states implement their local experiments.

If Utah wants a firewall, they can erect one at their borders. It's crazy of them to expect everyone else to do their work for them.

jmclnx•1h ago
Too bad companies did not have 'ba*s' to block their sites from being accessed in Utah. If all companies did that, it would stop all these crazy laws instantly.

Where I live, one site I log into started asking for my birth date. That is in a State were age verification is not yet even being talked about. So my response is to never go to that site again. I believe it will change once users start dropping off that site.

8organicbits•42m ago
> 'ba*s'

Is this balls? You can curse here.

shevy-java•38m ago
Could be bats.
Aurornis•37m ago
I don’t understand how this is related. As I understand it, many of the websites affected by these laws did chose to blanket-ban those states from accessing them.

This VPN law is a weak attempt to claim that it’s not enough to geo-block people, similar to the UK governing bodies that are trying to go after websites that have geoblocked the UK because they don’t believe that’s sufficient.

shevy-java•39m ago
They have no valid reason to want to ban so - all illegal corporate laws. This is Palantir wanting to sniff after everyone.
bena•32m ago
Uh, that's not going to fly.

We use a VPN to enable remote users to access our internal network for things we don't want exposed to the public at large. And we're not a tech company.

This really sounds like someone who has no fucking clue trying to legislate away all the loopholes to their other shitty legislation.

Avicebron•13m ago
I wonder if any of the lawmakers asked their IT how they work remotely before drafting any of this..
asdfman123•6m ago
Not to defend the bill, but if I read the article right it only applies to websites subject to the state's age verification laws.
GCUMstlyHarmls•4m ago
Dont they just pass a bill saying you can use the state audited VPN as provided by SecUTAH for remote access. Submit your business requirements for review and oh we also know all the keys for anti terror reasons.
Barbing•3m ago
Perhaps your CEO has less political capital than Meta’s.

Story goes they need proof of humanity for their business (advertising) survive. Pesky things like the continuity of businesses they don’t own, that can be figured out later.

0xbadcafebee•29m ago
This is the next part of the national Orwellian surveillance system that is "age verification". The first part installs spyware in every operating system. The second part makes it illegal to work around it or find any alternative means of privacy. The final step is a government-mandated ID for logging into these devices with the OS controls, so the government can track everything you do on every device.

This is the most wildly dangerous threat to liberty in this nation's history. And yes I know that sounds weird, but it's true.

Barbing•8m ago
Thanks for laying this out. “The hill to die on“
semiquaver•19m ago
This is mostly a legal analysis. Why is it delivered by a guy from Portland with an MFA?

https://tech.yahoo.com/author/sam-chapman-engadget/12/

rafram•12m ago
I can’t believe I’m defending a Yahoo tech blogger, but this is unnecessarily rude. You don’t need to be an attorney to report on legislation, and being from Portland has absolutely no bearing on his qualifications. You’re just appealing to lazy stereotypes.
darknavi•12m ago
> When Utah's Senate Bill 73 goes into force on May 6, websites subject to the state's age verification law will be legally barred from explaining how to use a VPN to get around age restrictions.

This will definitely work. It sounds like it's time for some "How not to use a VPN" articles.

https://www.grapecollective.com/prohibitions-grape-bricks-ho...

hellojesus•7m ago
How is this not a 1A violation?
jonathanstrange•9m ago
"websites subject to the state's age verification law will be legally barred from explaining how to use a VPN to get around age restrictions"

I thought the US has free speech?

anikom15•6m ago
It does. That isn’t going to survive judicial review.
anthk•7m ago
https://www.gnu.org/philosophy/right-to-read.en.html