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Court agrees with EFF: Utah's VPN law demands a technical impossibility

802 points · 405 comments · hn_acker

  1. SoftTalker · · focus · HN ↗
    > platforms are left with an impossible choice: completely block all VPN traffic nationwide or withdraw access from Utah entirely

    Is it even possible to reliably know that a connection is from a VPN? Anyone can proxy through a random hosting provider.

    1. ranger_danger · · focus · HN ↗
      Not when the definition of VPN is subjective. I could proxy/VPN through a friend's house and nobody would ever know it wasn't them.
      1. codedokode · · focus · HN ↗
        Yes but isn't it suspicious that all your traffic goes to the friend's house and not to Facebook and Reddit? If you claim it is not a VPN does it mean your friend is providing illegal unlicensed hosting? That's even worse.
        1. iAMkenough · · focus · HN ↗
          Split tunnel is a thing, and in that instance the platform required to comply (like a porn site) doesn’t have any way to see all your traffic to determine if it’s a VPN/proxy connection or not.
          1. codedokode · · focus · HN ↗
            If you cannot determine the traffic type, you can block it and wait until someone appears with proper documentation and explains what they were sending.
            1. iAMkenough · · focus · HN ↗
              That's what the judge agreed with: it's unreasonable to require you to block all Internet traffic with the assumption it's all VPN traffic until proven otherwise.

              Under Utah's law as written, a private business has to assume any single IP address could be operating a VPN/proxy.

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