I have been closely following a significant shift in how states are approaching internet privacy and content regulation. This week, a new law takes effect in Utah that requires adult content websites to verify the age of their users. While similar laws exist in states like Texas and Florida, Utah is introducing a provision that changes the technical landscape for both users and website operators.
This is the subject of my latest tech analysis video.
What distinguishes this law is its specific focus on location-masking tools. Traditionally, when a state passes such a mandate, many websites simply block any traffic originating from an IP address within that state to avoid liability. Utah, however, is now asserting that its regulations apply to anyone physically located within the state, even if they are using a Virtual Private Network (VPN) or a proxy server to appear as though they are browsing from elsewhere. This places the burden of identification squarely on the website operators rather than the individuals.
In my review of the legislation, I noticed that it requires operators to employ “commercially reasonable” methods to verify age, such as digitized ID cards or third-party verification services. The challenge here is technical. Experts in the field, including major VPN providers, have pointed out that it is essentially impossible for a website to identify every VPN IP address in real time. Because these addresses change constantly, a website cannot reliably know if a user is appearing from a different state or is a Utah resident using a masking tool. This leads to a scenario where websites might feel forced to require identification from every single visitor, regardless of their apparent location, simply to avoid the risk of heavy fines from Utah.
The law includes language intended to protect bonafide news and public interest organizations, but the definition of what qualifies as “bonafide” remains at the discretion of government officials. This introduces a level of subjectivity that many constitutional rights organizations find concerning. While the current focus is strictly on adult content, the legal framework provides a potential template for future restrictions on other types of controversial material. I have seen how legislative language can be adjusted over time; a few small changes or creative legal interpretations by courts could potentially expand these requirements to any content deemed to lack certain artistic or political value for minors.
This development in Utah reflects a broader trend I have been tracking across the country. There are ongoing discussions in other states about moving age verification to the operating system level. If that were to happen, a user’s computer or smartphone would act as a permanent digital ID, authenticating their identity to every website they visit. This would move the internet away from its historically anonymous roots toward a model of constant authentication.
While the Supreme Court has previously upheld the constitutionality of age verification laws in other states, Utah’s specific attempt to regulate VPN usage presents a new set of legal and technical questions. It remains to be seen how the courts will view a mandate that requires companies to solve a technically intractable problem.
As these laws proliferate, the focus may shift from whether content should be restricted to how the very infrastructure of the internet is being redesigned to enforce those restrictions.