Not sure what the impossibility is. VPN's have a set of exit relays. If traffic is coming from one of those exit relays, it's coming from a VPN, so adult websites can be required to block traffic from those exit relays. What am I missing?
The law is only meant to apply to citizens of Utah though. Blocking all exit relays would mean that absolutely anyone accessing that website would not be able to do so from a VPN which burdens people outside of Utah too.
The law requires blocking all VPN access.
It's impossible to have perfect knowledge of the entire set of VPN exit node addresses.
The law likely violates the U.S. Constitution’s prohibition on passing laws that significantly burden businesses and people outside Utah’s borders.
SB 73 burdens the rights of all internet users outside of Utah because it requires adult websites to either know every visiting user’s physical location, and then block those in Utah, or to verify every visitor’s age just in case they might be in Utah.
It's technically impossible to both implement Utah's law and respect the constitution. To make it technically feasible you'd need to either change the constitution or federalize the law.I would think that requiring adult websites to essentially block all VPN traffic to be pretty heavy handed and hardly a solution. Especially considering there are many reasons to use a VPN.
It's impossible to have a full and complete list of VPN exit nodes, for the simple reason that no company publishes the full list, and also technically if you set up an OpenVPN server on digital ocean and connect to that you're also using a VPN but no one would know your address is hosting a VPN server.
https://le.utah.gov/~2026/bills/static/SB0073.html
| 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, proxy server, or other means to disguise or misrepresent the individual's geographic location to make it appear that the individual is accessing a website from a location outside this state.
But how can any site check if a client is a) a VPN client (typically this can be known because VPN exit node IPs can be learned), __and__ b) in Utah?
The impossibility lies in (b). Effectively this forces any affected companies having a nexus to the state of Utah to forbid VPN clients. I think that's a bit too far-reaching. It would be much more practicable instead to ask VPNs to disallow Utah client exits to affected sites w/o age checks -- VPN services aren't free, so VPNs basically can do age checks.
Given that this could have been written to be feasibly implemented, either this text was written to cause a controversy, or this text was written by people who don't know how things work. Either way, this text cannot be enforceable as written. The Utah legislature can easily modify this to be enforceable (see above), so it's not like a court striking this down might be playing partisan games just by striking it down.