An increasing number of states in the United States are imposing restrictions on users’ ability to access specific websites anonymously. In order to stop minors from viewing “harmful” adult content, states like Texas and Louisiana have passed laws requiring platforms like Pornhub to verify user identities. Similar laws are being considered in Florida with the goal of prohibiting or restricting minors’ access to social media because of alleged psychological risks.
All of these steps depend on internet platforms gathering official identification documents or putting in place external age verification systems. But this kind of verification requires screening all users, not just children. Adult users of these platforms, who had previously enjoyed some anonymity, are concerned about this. For many, the idea that their browsing history and personal information could be easily accessed together is unsettling.
Critics go on to say that these laws might be abused. They worry that conservative lawmakers may construe “adult” content broadly, potentially making material by LGBTQ+ creators or members of marginalized communities more difficult to access. This might have a deterrent effect by cutting off susceptible youth from their go-to online support systems.
The effect is apparent already. Experts note that after these laws went into effect, VPN usage skyrocketed in the states that were impacted. Prominent VPN service providers have observed notable increases in demand that correspond with the implementation of these limitations. This implies that people are actively looking for methods to get around them and restore some privacy when using the internet.
“Wherever U.S. lawmakers have imposed age verification on internet users trying to access adult content online over the past 12 months, there has been a clear trend in the corresponding surges in demand for VPNs,” In the worst case scenario, according to Top10 VPN’s Head of Research Simon Migliano, demand for the technology increased by 847% on the day the new laws were put into effect in the state.
How VPNs are being used
Virtual Private Networks, or VPNs, have evolved into a kind of digital mask since the 1990s that can hide a user’s real location and jumble their data. With the use of this technology, viewers can get around geo-restrictions and access shows and sporting events that aren’t available in their area. VPNs provide an additional degree of security for private communications in addition to entertainment. VPNs have long been an essential tool for activists, journalists, and whistleblowers navigating repressive regimes in order to remain anonymous online.
“A VPN is an effective tool for circumventing any kind of internet censorship, as it allows users to access the restricted content via an IP address from a location under a different jurisdiction from their own,” Migliano noted.
Andre Slonopas, a cybersecurity leader at American Public University and American Military University, highlights the importance of Virtual Private Network (VPN) services rather than the institutions. He contends that VPNs enable users to access the internet anonymously from anywhere in the world. As a result, individuals are able to become “borderless citizens” of the internet and move freely through virtual environments without being constrained by physical boundaries.
“This is an unprecedented opportunity to hear other ideas, opinions, learn about worldviews and connect with humans on a different level,” Slonopas stated.
Virtual Private Networks, or VPNs, have long been used to get around content restrictions overseas, but according to Samir Jain, Vice President of Policy at the Center for Democracy and Technology, Americans are using VPNs more frequently these days to get around similar restrictions at home. Jain believes that this change is partially due to the new laws’ questionable legality, which he feels would have presented legal challenges in the past. Not surprisingly, Jain, whose group fought a recent Texas law, reports an increase in VPN usage in the impacted states
“If you provide a government ID to prove you are in effect no longer anonymous,” Center for Democracy and Technology Vice President of Policy Samir Jain mentioned.
“If people no longer feel like they can do that [access information anonymously] that infringes on their First Amendment expression right,” Jain added.
ExpressVPN Privacy Advocate Lauren Hendry Parsons concurred with this assessment.
“We know that when legislators restrict consumer access to services like porn, citizens still find a way to access it,” Hendry Parsons said.
“There is absolutely a middle ground to be found that leans on third-party cooperation instead of limiting consumer rights,” Parsons mentioned.
What are platforms doing in response to the new laws?
Age verification laws have been implemented in seven states, mostly led by Republicans, with the goal of preventing minors from having access to pornography. These “access restriction” measures are very similar to a novel law that was passed in 2022 and put into effect early this year in Louisiana. The Verge claims that at least 17 copies of this groundbreaking legislation have been introduced, some of which are almost ready to become laws in their own right. According to CBS News, websites that violate Texas laws may be subject to severe fines each day that exceed $10,000.
Some websites that host adult content, such as Pornhub, have chosen to limit access to users who live in states that have implemented these new laws due to the possibility of legal ramifications. When Texans tried to access Pornhub, the undisputed leader in adult video content online, last month, a lengthy statement from the company stated that they opposed the state’s “rushed, inefficient, and risky” law. Pornhub has similarly restricted user access in a number of other states where age verification is mandated. Experts suggest that platforms are cautious about the legal ramifications of gathering and protecting large amounts of sensitive user data, which could be exploited by cybercriminals, in addition to the potential penalties.
“Age verification systems collect a huge amount of data, not only the personal information from each ID but also a record of each and every authentication made—essentially any site you access that features adult content. Combined with the data profiling social media companies create about their users, this treasure trove of personal information is a perfect target for bad actors,” Hendry Parsons stated.
VPN usage on the rise could bring new scrutiny from lawmakers
Although a surprising trend is emerging, many people associate VPNs with accessing adult content that is restricted. According to reports, college students all over the US are using VPNs to get around TikTok university bans. This strategy is even being used in Montana, where content producers are utilizing VPNs to stay in touch with their followers in spite of the state’s TikTok ban. It appears that legislators looking to impose restrictions on internet content will always be able to locate a resolute VPN provider ready to give customers a virtual backdoor.
Nevertheless, there may be disadvantages to the increasing use of VPNs to access content that is blocked. The fact that users are openly using VPNs to get around new laws may encourage lawmakers to enact tougher rules for the technology itself. This is especially relevant in light of anti-porn laws, such as the one in Utah, which forbid internet platforms from giving minors the ability to get around access restrictions. Advocates for digital rights are concerned that recently proposed laws that would prohibit US users from downloading foreign apps might also make using VPNs illegal.
Apar Jain of the Center for Democracy and Technology acknowledges these worries but contends that new legislation criminalizing or regulating VPN use could be ineffective and might even run afoul of constitutional challenges. According to Jain, the current legislative wave driving the adoption of VPNs could eventually result in legal disputes before the Supreme Court.
“There are a lot of legitimate reasons to use VPNs to protect your privacy and anonymity,” Jain concluded.
