On Sept. 11, Michigan representatives proposed an internet content ban bill unlike any of the others we’ve seen: This particularly far-reaching legislation would ban not only many types of online content, but also the ability to legally use any VPN.
The bill, called the Anticorruption of Public Morals Act and advanced by six Republican representatives, would ban a wide variety of adult content online, ranging from ASMR and adult manga to AI content and any depiction of transgender people. It also seeks to ban all use of VPNs, foreign or US-produced.
Main issue I have with this article, and a lot of articles on this topic, is it doesn’t address the issue of youth access to porn. I think any semi-intelligent person knows this is a parenting issue, but unfortunately that cat’s out of the bag, thanks to the right. “Proliferation of porn” is the '90s crime scare (that never really died) all over again. If a politician or industry expert is speaking against bills like this, their talking points have to include:
- Privacy-respecting alternatives that promise parents that their precious babies won’t be able to access that horrible dangerous porn! (I don’t argue that porn can’t be dangerous, but this is yet another disingenuous right-wing culture (holy) war)
- Addressing that vagueness in the bill sets up the government as morality police (it’s right there in the title of the bill, FFS), and NOBODY in a “free” country should ever want that.
- Stop saying it can be bypassed with technology. The VPN ban in this bill is a reaction to talking points like that.
- Recognize and call out that this has nothing to do with protecting children and everything to do with a religious minority imposing its will on the rest of the country (plenty of recent examples to pull from here).
Unfortunately this is becoming enough of “A Thing” that the left is going to have to, once again, be seen doing “something” about it. So they have to thread a needle of “protecting kids,” while respecting the privacy of their parents who want their kids protected and want to look at porn, and protecting businesses that require secure communications.
The point still applies though. They can pick you up on suspicion of using a VPN or Tor, and if you can’t prove you didn’t they will punish you. It will be used to silence politically inconvenient people and prevent them organizing online. If you organize your left-wing protest online in cleartext they thwart your plans and maybe arrest you. If you organize it using encryption they arrest you and thwart your plans and imprison you and ban you from the internet.
All the “we can find a way around it” arguments duck the main point, which is that they know you’ll be doing that and they’ll have a perfect excuse to arrest you if they think you’re worth stopping.
They can’t do that because we have the presumption of innocence
If using a VPN is declared as a tag for being a terrorist, innocent until prove guilty doesn’t apply.
My point is that using a VPN is trivially easy to detect, and can be en masse, dragnet style
Tor usage (especially with a bridge) is difficult or impossible to detect, even for nation-states, and to the best of my knowledge is only tractable against specific targeted individuals/machines. It’s not possible to “get a list of all suspected Tor bridge users”, even if you are an ISP