MADISON, Wis. — The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.
A common criticism of state AV bills is that, since they apply only in a particular state, users can easily use virtual private networks (VPNs) to avoid being singled out for age verification. As XBIZ has reported, media attention around the widespread use of VPNs to circumvent age verification has inspired efforts to close that practical loophole.
AB 105 originally included a section mandating that site operators “prevent persons from accessing the website from an internet protocol address or internet protocol address range that is linked to or known to be a virtual private network system or virtual private network provider.” However, one of the bill’s co-sponsors proposed an amendment removing that section.
On Wednesday, the state Senate concurred with that amendment. Once the state Assembly gives final approval to the Senate amendments, the bill, minus the VPN provision, should soon be forwarded to the governor.
The VPN issue was not discussed during consideration of the amendment and the bill in Wednesday’s session, but two senators — one Democrat and one Republican — did voice opposition to the bill, citing concerns over privacy, intrusiveness and data retention.
It remains to be seen whether efforts to address the VPN workaround in other states will gain traction.
A similar VPN provision appears in West Virginia's SB 498, which would mandate that “No online platform, website, or digital entity may allow users to bypass age verification requirements through VPNs, proxy services, or other anonymizing technologies.” That bill is awaiting its first committee hearing.
Meanwhile, the state of Indiana is suing Aylo, alleging that the company and its affiliates have violated the state’s AV law by failing to prevent access by users using virtual private networks to avoid geolocation. Indiana’s law does not mention VPNs, but the suit asserts that Aylo is in violation “because Indiana residents, including minors, can still easily access the Defendants’ websites with a VPN IP or proxy address from another jurisdiction or through the use of location spoofing software.”
Passage of the West Virginia bill, or a legal victory for Indiana, could embolden other states to pursue similar legislative and legal strategies.
