Utah's New Age Verification Law and Its Impact on VPN Use

Age verification has become a significant topic of discussion in the United States, particularly as more states consider implementing stricter regulations. In California, a new law is set to take effect next year, requiring operating systems to verify a user’s age during account setup. Additionally, the "Parents Decide Act" could introduce similar requirements nationwide. While these measures aim to protect minors from inappropriate content, they have sparked concerns among experts.

However, the conversation takes an interesting turn with Utah, which has introduced its own approach to age verification. Senate Bill 73, titled the Online Age Verification Amendments legislature, will come into effect on May 6 and mark Utah as the first U.S. state to specifically target the use of Virtual Private Networks (VPNs) in this context.

Under this law, websites that contain a "substantial portion of material harmful to minors" will be required to check users’ ages. Importantly, the law holds the site accountable even if users bypass these checks using a VPN. The bill states, "An individual is considered to be accessing the website from this state if the individual is actually located in the state, regardless of whether the individual is using a virtual private network." It also prohibits affected websites from providing instructions on how to use a VPN.

For those familiar with VPNs, the challenge of enforcing this law seems apparent. These tools are designed to obscure a user’s location, making it difficult for websites to accurately determine where a user is accessing content from. NordVPN, a well-known provider, has stated that reliably identifying and blocking Utah-based users attempting to bypass age verification would be "technically impossible." This creates what they describe as a "liability trap" for businesses that may face legal repercussions.

The Electronic Frontier Foundation (EFF), a nonprofit organization focused on digital privacy, has criticized the law for presenting no clear solution for adult sites. They argue that the law could lead to a dangerous precedent, pushing websites to either ban all known VPN IP addresses or implement global age verification for every visitor. This would result in invasive identity checks or restrictions on VPN use for millions of users, regardless of their actual location.

The EFF has expressed similar concerns when other U.S. states proposed comprehensive crackdowns on VPN software. Although the Utah law does not constitute a complete ban, it raises valid privacy concerns for individuals who prefer not to share their data with third parties.

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