Full Report
This is crazy. Lawmakers in several US states are contemplating banning VPNs, because…think of the children! As of this writing, Wisconsin lawmakers are escalating their war on privacy by targeting VPNs in the name of “protecting children” in A.B. 105/S.B. 130. It’s an age verification bill that requires all websites distributing material that could conceivably be deemed “sexual content” to both implement an age verification system and also to block the access of users connected via VPN. The bill seeks to broadly expand the definition of materials that are “harmful to minors” beyond the type of speech that states can prohibit minors from accessingpotentially encompassing things like depictions and discussions of human anatomy, sexuality, and reproduction...
Analysis Summary
# Regulation/Compliance: Proposed Age Verification and VPN Blocking Mandates (Wisconsin)
## Overview
This summarizes proposed legislation (Wisconsin A.B. 105/S.B. 130) aimed at "protecting children" by requiring websites distributing material conceivably deemed "sexual content" to implement age verification systems and explicitly block access originating from users connected via Virtual Private Networks (VPNs). The bill is also noted for potentially broadening the definition of material deemed "harmful to minors."
## Key Details
- Issuing Authority: Wisconsin State Lawmakers
- Effective Date: Not specified (Bill is currently proposed)
- Jurisdiction: State of Wisconsin (Applicable to websites serving Wisconsin residents)
- Status: Proposed (A.B. 105/S.B. 130)
## Requirements
### Mandatory Requirements
1. **Age Verification Implementation:** Websites distributing material that could conceivably be deemed "sexual content" must implement an age verification system.
2. **VPN Access Blocking:** Any user attempting to access the aforementioned material while connected via a VPN must be blocked from access.
3. **Compliance with Expanded Definition:** Compliance requires adherence to the bill's potentially broad definition of materials considered "harmful to minors."
### Recommended Practices
1. Proactively review content to determine if it falls under the bill's potentially expanded definition of "sexual content" or "material harmful to minors."
2. Seek legal counsel regarding the Constitutional implications and feasibility of technical enforcement against anonymizing technologies like VPNs.
## Affected Organizations
- Industries: Any entity operating a website that distributes content that might be interpreted as "sexual content" or material "harmful to minors" under the bill’s expanded definitions.
- Organization Size: Not specified; applies based on content hosted, not organizational size.
- Geographic Scope: Entities serving users within the State of Wisconsin, or those whose content is accessible within the state.
## Compliance Timeline
- **Status:** Proposed. Timelines are contingent upon the bill passing, signing into law, and any subsequent grace periods granted by the legislature.
## Implementation Guidance
### Assessment Phase
- Identify all website content that might be targeted under the broad definition of "sexual content" or "harmful to minors."
- Conduct a technical assessment of current user access logs and geo-location capabilities to determine the feasibility of accurately identifying and blocking VPN connections while remaining compliant with privacy laws.
### Implementation Phase
- Develop and deploy a robust, legally compliant age verification mechanism.
- Develop and integrate technical controls capable of detecting and blocking connections originating from known or suspected VPN exit nodes, which may require continuous updating of blacklist/filtering mechanisms.
### Validation Phase
- Perform penetration testing or external audits to confirm that age-gating is effective and that VPN blocking measures are circumvented by unauthorized users.
- Periodically review the legal definition of "harmful to minors" as defined by the enacted legislation versus existing First Amendment standards.
## Technical Requirements
1. Implementation of an **Age Verification System** for targeted content.
2. Development and deployment of technical controls designed to **detect and block access** from IP addresses associated with Virtual Private Networks (VPNs). *Note: Complete, reliable VPN blocking is technically challenging and often leads to significant false positives.*
## Penalties & Enforcement
- Fines: Not specified in the provided context, but typically accompany state legislation if violated.
- Other Consequences: Injunctions, mandatory removal of non-compliant content, and potential litigation based on the expanded definition of prohibited material.
- Enforcement: Likely enforced by a state attorney general's office or a designated state regulatory body once the bill becomes law.
## Related Standards
- **Legal Precedent:** Enforcement will be heavily scrutinized against established case law regarding minors access to constitutionally protected speech (e.g., *Miller v. California* standards for obscenity, and evolving case law around protected forms of sexual expression).
- **Privacy Legislation:** Organizations must balance compliance with this state mandate against existing federal and state privacy laws (though the context does not specify which ones).
## Resources
- Official Documentation: Wisconsin State Legislature (A.B. 105 / S.B. 130).
- Guidance Documents: EFF analysis regarding legislative attempts to ban or block VPNs (as referenced in the source article).
- Tools: Commercial age verification services; IP blacklisting/filtering services for VPN detection.
## Practical Recommendations
1. **Monitor Legislation:** Closely track the status of Wisconsin A.B. 105/S.B. 130. Compliance action must wait until the bill is finalized or enacted.
2. **Legal Review:** Immediately engage legal counsel to interpret the scope of the expanded "harmful to minors" definition and the technical and legal feasibility of mandatory VPN blocking.
3. **Maintain Content Segmentation:** If applicable, ensure content that requires age verification is strictly segmented from public-facing content to isolate compliance efforts.