Court agrees with EFF: Utah's VPN law demands a technical impossibility
eff.org
eff.org
Is it even possible to reliably know that a connection is from a VPN? Anyone can proxy through a random hosting provider.
Under Utah's law as written, a private business has to assume any single IP address could be operating a VPN/proxy.
With cross tunneling all your normal traffic would go through your ISP usually and just your porn traffic goes through the VPN. Unless it's a major provider, as far as your ISP is concerned you're just connecting to someone's private server occasionally
Since when do you have to pull permits to put a server on the web?
The inability to immediately and perfectly eliminate a behavior is not a good enough reason to be against any attempt to eliminate that behavior.
So if you are legally required to block all VPN users and then fail to actually block all VPN users what is stopping you from being punished for not complying with the law?
To handle the matter technically Utah would need a "great firewall of Utah" and a legislative mandate that all ISPs route thru it. Somehow they'd have to factor-in signals from cellular sites neighboring states and satellites.
I use VPN most of the time. My work requires it, and I like Mozilla VPN for personal privacy. (Note: it has ad blocking DNS built in which is nice!)
I occasionally get blocked by websites or services, especially streaming apps, if I'm on VPN. I suspect they're just looking out for Amazon/Microsoft/etc IP address blocks. It's very annoying
There are also third party providers of IP annotations to classify known VPN address ranges that content providers typically subscribe to blanket block providers.
The reason for this aggressive approach is streaming apps all need your IP as core signal for tagging your region and all content licensing is region locked (even on YT).
Netflix are/were the most relaxed about it , and for long time would only buy content if they got global distribution rights, but not anymore. Many VPN ads specifically used to market that you can watch Netflix geolocked content.
[1] IME they block DC IPs too although not needed for blocking professional VPN, even self hosted OpenVPN on cloud box usually gets flagged.
The simplest methods block known datacenter IP ranges like you thought. More will score it based on several heuristics and a reputation over time. If you get 100 different users connecting from a single IP, it's probably not someone's home internet connection.
Or, their so-called "smart" TV is acting as a proxy without their informed consent.
In some parts of the world hiding (NAT) entire neighborhoods behind one public IP is normal practice.
Let’s block traffic on the internet blindly just in case someone is looking at an adult website.
It’s starting to get annoying that things aren’t working. They’re shooting themselves in the foot though.
If they didn’t block VPNs, they would at least know what category to group them in.
Folks would just host their own vpns various places and this would be pointless ….
The government demonstrably has the ability to break into your comms and data without going through any of this. Instead of a libertarian conspiracy theory have you considered that politicians chase power and re-election?
Taking a stand and making major changes is hard to pull off, costs a lot of political resources, and can backfire horribly. Doing symbolic, popular crap that’s popular with the (admittedly thick and ignorant) majority is an easy win. Moral outrage is an easy win. “Think of the children” is an easy win.
Ed: Corrected “comma” to “comms”
For years now Americans vote by party, not politician
/Same as it ever was
Kids are the misdirection
- religious/cultural. My beliefs forbid this, it makes people bad/worse in some hard-to-define way, so no one should be allowed to do it. Sometimes with an emphasis that the sellers are luring good people into sin/ruin.
- it harms women. Many of the participants are trafficked or coerced in some way (and further abused). The profits from the industry encourage more of this. It “warps” the mind of men who use it, leading them to mistreat and abuse women.
I see elements of truth in all these, but IMO they are ultimately not compelling, prohibition is unworkable and unduly infringes on willing participants and consumers.
I’ve watched plenty of porn in my life, probably a bit more than average. I’ve never done anything out of the norm or unwanted to woman, let alone abuse one.
I think shitty people will be shitty people and it’s just a really easy thing to point at instead of taking responsibility for it. It’s also a convenient plausible sounding correlation for people who already want to ban porn to use.
Umm, I played plenty of GTA growing up and I’ve never stolen a car. People are actually very good at separating fantasy from reality, believe it or not.
Yeah the Dworkin contention that porn turns men into rapists has basically been disproven.
But there’s no reason to say “warps the minds of men” has to lean in that direction. Reading forums of young men who have porn addictions and grew up with HD hardcore porn it seems more like the opposite happened, they become more withdrawn, less likely to engage with women enough to develop social skills, less able to perform sexually irl and subject to porn-induced erectile dysfunction. When it was just magazines and socially stigmatized VHS rentals it was unheard of for college aged men to take viagra, now it’s widespread. Arguably warped minds led to this.
In the days of VHS, Viagra wasn’t a thing.
[0] https://academic.oup.com/alcalc/article/43/2/204/122225?logi...
I am all for individual freedoms, but I've read enough about this issue, and seen enough documentaries, that I think the claim is very well-founded. Of course, some porn stars are just willing adults doing something they want to do, but there are many who are not.
The main point of contention becomes what "enough" constitutes. Almost no women in commercial porn is underage as all countries that legally allow its production also require strict proof of age for the people actually having sex.
Women who do not provide fully informed and voluntarily consent are harmed
Porn makes some (or many, or all) men who consume it treat some (or many, or all) women badly
in other words I wouldn't ban oranges because some of the farmers have been found to have been enslaved; instead i'd investigate and penalize the enslavement and crimes taking place.
Similarly : I wouldn't ban pornography on some false pretense that it's to save someone, because quite honestly if I began that boulder rolling it shouldn't stop , every industry victimizes someone; it's a question of stopping and penalizing abuses and preventing victimization, not about regulating broad industries ( a move that worsens human rights violations by moving them into a highly lucrative black market, into the shadows ) .
That said, no, it's not like other industries. The amount of well-documented abuse is much higher. Degree matters.
It's certainly not that different in degree to the agricultural industry (undocumented workers packed into squalid working conditions, long hours in harsh climate, wage theft, constant threat of ICE...), and we're not out here trying to ban tomatoes
People who believe that are not aware how the industry has changed and the standards attached to that.
Additionally, that wasn't the draw of the industry. Using the "porn/stripping" preys on the poor is a far over simplification and a weasly thing to say.
This very much depends on where you look at. If you are only consuming Made in California™ porn from the big producers, then yes, a lot may have changed.
If you are searching out the raw shit from Russia/Eastern Europea/Asia, then no, the industry is still heavy on the abuse and intertwined with organised crime.
It's still sold on the high street and advertised everywhere.
BTW all the women I know in my age group watch porn too...
The cause is clear in my mind: the world outside is what it is. If you cannot take good decisions (whatever that is for you) and you need someone to get protrcted and you soend your day whining about your own problems bc the world is not perfect, then you did not become an adult, ever.
There are extreme cases: for example you cannot say aperson in a country with no weapons is infantilized bc the complain for being abused by an armed gang. Something like that is legit.
But for many things I see around I just see people complaining instead of changing strategy, solve a problem, change their choice or just plain skip things they do not want. Instrad of that they demand some kind of protection.
For a very narrow set of exceptions I would agree. For the rest, we sre just adults, we should know what to do.
- natalism. Some people worry about inverted demographic pyramids. They want to see more births, so they need more horny guys trying to form relationships instead of being content single. Sometimes there is a racist angle.
- industry. Anything that's "too fun" for young people disincentives education or working.
- addiction. (But people get addicted to shopping or eating dirt too.)
Some arguments against outlawing it include:
- free speech.
- a sizeable fraction of the population wants it to exist.
- better option for economically impoverished women than prostitution.
- societies that suppress it don't really seem better for women, or anyone.
- prohibition of a widely demanded product creates crime (and nothing is easier to smuggle than pure information).
Industry: agree.
Addiction: true, many things can be addictive, I think this is in big part a matter of education but there are some things that are more addictive than others also.
As for better option than prostitution. I would say this is kind of prostitution is some way.
This one seems to have an obvious problem.
It's October, consider the traditional Halloween party for 20-somethings. Slutty costumes, college students making out on the couch, and those are the tame ones.
All of that stuff has been effectively banned from workplaces and official school functions and the like for a while now. Meanwhile people increasingly do their social interaction via social media. So what happens if you ban revealing images and sexual dialog from there too? Where are you leaving for people to actually do those things, if you want them to connect with each other?
You seem to suggest that banning religion would end up wars or human nature.
And yes, noone should force everyone else, but not only om religious stuff. Sometimes there has been non-religious truths to which people are forced and that collides ireemediably with other thinkings.
I am not sure why one philosophical thinking should be better than other just bc it does not contain religion.
In fact, I consider a big part of most religious a compilation of wise advice about human nature. You can believe it or not, take it or not, that is a choice, but when not taken into fanatism I do not think it is harmful.
Again, that is not anreason to force a position to others. But there are a handful of things that are very controversial.
Nah. Between the two comments above there's an implication that in the absence of religion there would be somewhat less of those things.
Neither parent was being this black and white about it so I have no idea why you are
It's just weird that people could just base decisions on religions and hide behind freedom of thoughts, when there are actions and consequences of what are supposedly thoughts. It only works when the accusing and accused shares the same beliefs, and effectively collude out of a shared interest, which is not just wrong but increasingly becoming not a workable strategy.
That's one reason why traditionists in power usually crack down on any sort of pornography or alternate sexuality. Sex is a huge driver for human behavior. And established power structures would prefer that the only way for anyone to get sex is via compliance with the existing power structures. It's not something where the establishment is ever going to be able to perfectly control things, but if they can make it more difficult to get any sort of sexual gratification that doesn't align with their preferred social structure that gives the establishment an advantage in holding on to power.
Ofcom is investigating PornHub even after PornHub installed age checks as Ofcom claims age checks not “robust” (read: VPN ban). So hand over your id to see porn.
The rest of the world would be better off to just block the UK from online platforms rather than risky complying with their increasingly insane demands.
Ofcom fines you even if you block the UK because it is not "robust"
https://www.reddit.com/r/ukpolitics/comments/1osgyg4/the_ofc...
Now of course, if your VPN is a home-lab style VPN where you are connecting to a little wireguard box sitting in your own home, that is a totally different story.
In the real world, very few people have that capability.
Less savvy individuals/business would also have no reason to obey these laws.
The limitation is technical skill, even having enough skill to know that this is a solution.
Yes, lots of things will at any point be beyond the technical ability of most people as long as they remain niche. But as soon as a sizable market exists(e.g one created by a law, like in this case), products and services that close that gap will appear.
Hell, there's even stuff for doing this already, which is not that hard for non-technical people to set up, like Tailscale. I can easily imagine a Tailscale-like product that easily allows friends to use eachothers networks as a VPN with zero configuration or Wireguard knowledge required. I mean, when you think about it it's just Tailscale but more streamlined for that particular purpose.
I think that’s the GPs point.
Though some services do already block traffic originating from popular hosting providers like AWS out of fears of bots.
There is a very vocal anti-porn group in Utah. They do things like put up massive billboards that say "[Store name] sells porn." (Which is basically free advertising instead of shaming.)
> Is it even possible to reliably know that a connection is from a VPN?
On the other hand, using Masque for TCP transfers will probably fool a server to believe the MSS is 1500.
No, it's not possible. You can only try to identify known protocols or suspicious patterns of data, timing or entropy. Theoretically, with a big enough collaboration, you could hide a VPN behind shaping traffic patterns and request order towards hundreds of different servers, and there's just no method of traffic analysis that can possibly identify that without prior knowledge.
Like, some firewalls try to identify an absence of connections outside the VPN, or an abnormal volume of data over a sustained period of time. But all that goes out the window when, say, you are connecting to hundreds of real servers at all times and only exchanging, say, basic HTTP requests with each one. For all they know you just have a million browser toolbars installed. They wouldn't know if the choice of request, order and timing encodes information because they wouldn't be able to prove what the client's intentions are in sending it or what the servers do with it.
If you tried to identify it, you would block every real connection.
I believe some VPN providers are beginning to play with things like this, but the problem is really that it's impossible to provide this. It only really works when you run it yourself, because that's the only way others don't know. So they're having to settle for compromises, like Mullvad's DAITA, which still uses a single server but tries to avoid showing tells of a VPN connection as opposed to something else like streaming.
Tons of false positives, but they are non-domestic IPs so who (dares to) cares.
Is this still true, or has it become a truism? It seems nations like Iran and China (and events like Kashmir come to mind) have progressed the state-of-the-art and playbook to where we can't actually say it definitively will route around it.
Now seeing that the US and EU are flirting with these similar restrictions it's making me wonder how we'll be able to keep hold of these principles.
Maybe my concern with that adage is ultimately its passive voice, since it takes 'active' action by people to give us those options, and will probably take more actions by more people to keep it alive now.
A VPN/proxy could exist at almost any single address at any given time.
So there is a route around censorship, but maybe the public doesn't really care about it.
People with more first hand experience can probably explain it better but it doesn’t seem that strict. China is not North Korea, their aims seem less about preventing people from learning about the world and more preventing non compliant foreign tech companies having Chinese users.
During the World Cup (2022, still zero covid in China), they started blurring out the crowd because people were noticing that nobody in the stands was wearing masks. They’d been told that the zero covid policy and draconian lockdowns were keeping them safe, and outside China was a Covid hell-hole. Protests followed four months later.
Nobody in China was told about western covid vaccines, much less allowed to get them.
VPNs aren’t widely used — there was a study posted here some months ago that estimated VPN use at around 1% of the population, too little to matter.
That’s why they’re a bit lax. They can afford to let some through to grease the wheels of commerce. You do have to be seriously unlucky to get into trouble.
(I was there during Covid, and some years before and after)
I suppose Utah could impose some sort of strategy here, but would be so burdensome and anti-American I’m not sure they could pull it off. Instead of a blacklist of sites dictated by the site provider, you go the other way where all Utah ISPs maintain a whitelist of IPs permitted to Utah citizens. Any traffic attempting to reach a non-white listed IP, would be rejected.
The layer 2 and 3 of ISO/OSI stack does indeed "route around censorship". But the Internet as we know it is all Layer 7, and it's as centralized as it gets.
That's why regulators often aim straight at Layer 7 entities - companies providing consumer services over the web. Because no matter how unblockable the route between you and some server is, it doesn't mean anything when the server itself is refusing to talk to you.
Things China can't do: Magically "downgrade", "decrypt" or "intercept" the secure protocols we use every day like HTTPS. Facts won't budge, the technology we are using does what it says on the tin.
The Internet can't route around you being thrown off a tall building by men with guns, but the IETF has for some years considered it to be extremely important to design the network protocols to prevent these shenanigans. BCP # 188 "Pervasive Monitoring is An Attack"
1. Make it illegal to distribute a browser that distrusts their CA
2. Make it illegal to run a browser that distrusts their CA
3. Block all encrypted traffic that they can't MITM and notify police that you are running illegal softwareDoesn’t require cracking crypto or any funny business around forcing people to install stuff.
Furthermore, doing any of the things you listed would isolate all legitimate network traffic as well as any undesirable traffic, fully shuttering all Chinese manufacturing businesses from global requests via the web. This hat would happen then? Phone calls, emails, and even physical mail would become the new norm and most of the Chinese economy would collapse under the weight of not being able to hop on a Zoom with a client that wants tooling made for its aluminum manufacturing molds.
So besides my point of the black market your hypothesis of total control misses all the other pressures that exist that make what you’re proposing infeasible on its face. Only a place like North Korea that is willing to be a pariah state is old be willing to take the economic and social costs associated with your proposal, and they’ve only been able to do that because their abominable regime was in place before the internet existed and they pre-built controls very late in the game.
Tl;dr simply because a country _could_ do something doesn’t mean it’s realistic for reasons outside of basic networking concepts.
I mean... They could, though, no? If they control the gateways they could drop any traffic that isn't encrypted with some root cert that allows them to decrypt in transit packets.
I'm sure that works in a Hollywood movie, in the same way you could reverse the polarity of the lasers to enable you to travel inside the computer from a household video projector, or decrypt all the world's telephone calls using a device built into your batmobile - but this isn't a Hollywood movie and so traffic isn't in fact "encrypted with a root cert".
If for any of a variety of reasons the Chinese authorities don't want your connection to exist they'll terminate the connection, exactly as I described in my earlier comment.
Normal people don’t care about “downgrade” or “decrypt” or “intercept” they care about availability.
They aren't stupid, they're not going to insta-block everything they can detect, giving away clues to people trying to evade it.
If there's civil unrest, they can of course essentially turn off the internet, but there's a distinction between "the internet can route around censorship" and "the internet can be blocked in its entirety (or near entirety)"
But of course the easiest approved “VPN” is just data roaming.
You're describing exactly the opposite of what I found to be the facts on the ground. My connection to a residential address in the United States was allowed for a couple of days at a hostel, then blocked. It was never allowed over (Chinese) mobile data.
But it was completely fine over the internet service to my apartment. The home internet service and the mobile service were provided by the same company in a bundled plan. I was always curious what they were doing.
> “I sometimes joke that we might as well turn the Ministry of Communications and the Supreme Council of Cyberspace into amusement parks, because they will no longer serve any purpose,” Hakami said.
https://gulfnews.com/world/mena/iran-official-says-starlink-...
To a large degree, most of the internet today is ultimately controlled by a few people. If what you have to say pisses off these people, and someone is determined to keep you off the internet, you have a problem. Kiwi Farms is a well known example, and continues to suffer under regular DDOS attacks. Regardless of how you feel about KF, it's undeniable that a) this nonsense has streissanded the site enormously and b) it's speech you don't like that needs protection.
Also there was the whole covid "misinformation" garbage fire... I certainly do not want my government or some megacorp to decide what can and can't say or read.
And going beyond the internet, I just want to remind you Americans, that your 1st amendment is almost unique (to my knowledge). Enjoy and protect your offensive, hateful, blasphemous, extremist, and deeply unpopular speech.
It's a politico-technological arms race. They make their laws. We make technology that completely nullifies their laws. They need to increase their tyranny in order to enjoy the same level of control they had before. The end state is either a totalitarian government or an uncontrollable population.
I used to think that we'd find some kind of equilibrium along the way, that we'd eventually discover the government's limits: some principle they refuse to break, some line they refuse to cross...
But the truth is these tyrants have no limits whatsoever. They'll stop at nothing in their quest to control the flow of information.
It won't route around self-censorship that arises out of surveillance
Nor will it take a stand against SNI which is a dead simple means of implementing censorship that's in widespread use every day for years
Could you elaborate? What's "SNI", and how does it relate to censorship?
I assume it's Server Name Indication, which sends hostnames in plain text. A better approach is Encrypted Client Hello, or ESNI (I'm not sure how they differ, probably like Betamax and VHS, one allows porn).
It is possible
Consider all the sites hosted at 199.36.58.100 for example. Over 1,620 such sites have been submitted to HN in the past few years
ESNI is "Encrypted SNI", ECH is "Encrypted Client Hello". The Client Hello packet contains the SNI. For a time ESNI was available on all Cloudflare sites. Not anymore. ESNI, whatever its flaws, worked well enough that some censorship regimes blocked connections that used it. IMHO, ESNI and ECH are overcomplicated proposed solutions to a relatively simple problem: gratuitous use of SNI. For example, so-called "modern" browsers will send SNI to those 1,620+ sites even though it's not required
Alas, the people developing ESNI and ECH are not publishers or readers, the targets of censorship. They are "CDNs", hosting companies, intermediaries in the business of serving multiple HTTPS sites on single IP addresses. SNI has benefits for CDNs and costs for others
Idk why people think it’s a good idea to force everyone to provide their id to jerk off.
How is that not a blatant first amendment violation?
Under state and common law at the time many kinds of speech were routinely regulated or even criminalized, such as defamation and blasphemy.
Or at least it shouldn't.
It wasn't until the 14th amendment that the constitution started overriding state constitutions/laws.
Idaho did in fact add additional ink to the freedom of speech [1]. In fact this is why so many states have a bill of rights similar to the federal constitution in their own constitutions.
[1] https://legislature.idaho.gov/statutesrules/idconst/ArtI/Sec...
The obvious enhancement is for the metadata to be a little more specific about the content, making it easier for them to just provide facts without making a judgment about whether the content is "appropriate" in any given jurisdiction/household/etc. Most obviously, we might want to treat medical images and historic art separately.
And because this mechanism would enable guardians to set up reasonably-effective automated censorship for the vulnerable humans in their care without requiring that they provide any information about those humans to any third parties, neither big "social media" companies nor the politicians into whose ears they whisper want anything to do with it.
https://www.everycrsreport.com/files/20080714_RL33224_1e6b93...
Unfortunately know this because a gambler friend showed me.
Heck, Lowes and BestBuy are pretty unusable in general via VPN already.. (or maybe due to ublock, or privacy badger or eff, etc.. :-)
This Utah law requires perfection.
A VPN/proxy could exist on any given IP address at any time, which the California law recognizes but the Utah law does not.
So in theory sites could block all VPN users (if you can somehow "perfectly (1) detect VPN/proxy users"), but if the law necessitates that nationally/globally then it's unconstitutional anyway. It's the age assuring of VPN-users specifically from Utah part that Utah are relying on being possible for the law the be constitutional.
Seems like we need a fundamental challenge to the concept that you have any jurisdiction whatsoever.
Utah is one of a few states that bans gambling. It is logically consistent for them to want to prevent people from using VPNs while in Utah to get around that to do things like access gambling websites, sports books, or prediction markets.
That said, it is fairly difficult (and almost impossible for self-made VPNs/tunnels...). The court was right, but it kind of sucks for Utah in this case. They should have the right in some way to uphold their gambling laws.
Sorry, but if you haven't seen how bad some people and places can be when it comes to that stuff, you probably won't get why.
EDIT: HN is ratelimiting my ability to reply to replies again, for some reason, so my response follows:
Yes, but they have the uncomfortable reality of having to police (I mean in the classical, community way, not an Orwellian way) the results of it -- with resources that are scarecely available, or unavailable. Crime goes up, domestic violence increases, rowdiness and noise complaints go up, fights increase, addiction increases, money problems and lenders get involved....
I never liked social issues being called "public health" issues but in some cases, where things are literally outlawed and more than a certain amount of people with certain predilections take advantage of opportunities to skirt the law more than a few times, it sort of becomes so...
Which usually means less other kinds of freedoms for the rest of the people in that location. Some places I have lived with large online gambling populations have been frankly disturbing.
They still have the right to legislate, just not the technical capability to enforce.
It also seems to me like Utah could just demand that adult sites only accept traffic from residential ips.
Utah can't tell businesses that service the country (or the world) how to do anything in this regard. You can't demand a list of the VPN exit nodes, because no VPN would ever give you that, and if they're outside of your jurisdiction, how could you possibly enforce it (assuming you got the Feds to agree with your law regulating interstate/international commerce now). You can't tell websites to only accept residential traffic, for the same reasons.
The internet sorta fucks states rights (in a good way).
Besides, there's no such thing as "residential" IPs. If I set a VPN gate at my mum's house, how would the porn company know?
The "impossibility" is in them saying "we cannot guarantee with 100% certainty that the user isn't using a VPN" and that's correct, they can't - but the law has no provision for that, they are risking fines over something they cannot control.
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.
I still suspect there's some kind of solution. Like Utah could tell VPN providers that if they service a customer in Utah then the VPN provider can't route traffic to adult sites. Or put the burden on the VPN provider to do age verification if porn is gonna be available through the VPN.
Come to think of it, I'm still a bit confused as to why VPNs are even relevant because it would seem to me that age verification would be done through some kind of having-credit-card type scheme which VPNs are entirely irrelevant to. I even read the article and I'm still confused. Oh well.
It's impossible to have perfect knowledge of the entire set of VPN exit node addresses.
| 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.