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There's tension between this law and the 14th, 5th and 1st amendments. Due process doctrine from the 5th and 14th establish unconstitutional vagueness. A law c
by bloppe 5mo ago
There's tension between this law and the 14th, 5th and 1st amendments.
Due process doctrine from the 5th and 14th establish unconstitutional vagueness. A law cannot be so vague as to be impossible to comply with. This law requires websites to enforce a ban based on information they don't have access to. Without explain how they might possibly achieve that aim, it can be considered unconstitutionally vague.
The 1st amendment requires that a law restricting free speech use the least restrictive means possible to achieve it's aim. Due to the vagueness of how to comply on a technical level, the only possible way to comply would be to require global identity verification based on Utah's standards. I don't think that would pass a least restrictive means test.
- Nifty3929 5mo agoI'm not convinced. I use a VPN basically always, and frequently get blocked by VPN detectors. It's not perfect - sometimes switching VPN servers/providers gets me past it, but websites can employ VPN-detection technology. Then they just block you, which is what this is all about. Force companies to start blocking VPN traffic. It'll be at the individual site level for a while, then at the ISP level in a few years.
- docjay 5mo agoIn a single sentence you explained how trivial it is to get around the current technology, then said they can just use the same thing. It’s so simple, just make it perfect and use it?
- bloppe 5mo agoThere are VPNs like Mysterium that specifically advertise being "unblockable" because they cycle through thousands of residential IPs instead of using a stable set of easily-blacklisted addresses. These will probably get more popular. Also, self-hostable proxies running on any cloud you want are already very easy to set up and use. And they can easily run on any platform large or small. It's just always going to be so easy to get around these rules for anyone who knows how to use a coding agent, which is basically as easy as using Google.