If you live in Michigan, you might not be able to legally use a VPN soon if a new bill is passed into law. On Sept. 11, Michigan Republican representatives proposed far-reaching legislation banning adult internet content.
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.
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VPNs, or virtual private networks, are software suites often used as workarounds to avoid similar content bans that have passed in states like Texas, Louisiana, Mississippi and the UK. VPNs can be purchased with subscriptions or downloaded and are also built into some browsers and Wi-Fi routers.
But Michigan’s bill would charge internet service providers with detecting and blocking VPN use, as well as banning the sale of VPNs in the state. Associated fines would be up to $500,000.
What the ban could mean for VPNs
Unlike some laws banning access to adult content, this Michigan bill is comprehensive. It applies to all residents of Michigan, adults or children, targets an extensive range of content and includes language that could ban not only VPNs but any method of bypassing internet filters or restrictions.
That could spell trouble for VPN owners and other internet users who leverage these tools to improve their privacy, protect their identities online, prevent ISPs from gathering data about them or increase their device safety when browsing on public Wi-Fi.
Read more: CNET Survey: 47% of Americans Use VPNs for Privacy. That Number Could Rise. Here’s Why
Bills like these could have unintended side effects. John Perrino, Senior Policy and Advocacy Expert for the nonprofit Internet Society, mentioned to CNET that adult content laws like this could interfere with what kind of music people can stream, the sexual health forums and articles they can access and even important news involving sexual topics that they may want to read.
“Additionally, state age verification laws are difficult for smaller services to comply with, hurting competition and an open internet,” Perrino said.
The Anticorruption of Public Morals Act has not passed the Michigan House of Representatives committee or been voted on by the Michigan Senate, and it’s not clear how much support the bill has beyond the six Republican representatives who have proposed it. As we’ve seen with state legislation in the past, sometimes bills like these can serve as templates for other representatives who may want to propose similar laws in their own states.
Could VPNs still get around bans like these?
Could VPNs still get around this type of ban? That’s a complex question that this bill doesn’t really address.
“From a technical standpoint, ISPs can attempt to distinguish VPN traffic using deep packet inspection, or they can block known VPN IP addresses,” said NordVPN privacy advocate Laura Tyrylyte. “However, deploying them effectively requires big investments and ongoing maintenance, making large-scale VPN blocking both costly and complex.”
Also, VPNs have ways around deep packet inspection and other methods.
“Some VPNs offer obfuscation — which tries to disguise VPN traffic as standard web traffic — using dedicated servers or custom VPN protocols, like NordVPN’s NordWhisper or Proton VPN’s Stealth,” said CNET senior editor Moe Long. “But note that obfuscation isn’t foolproof.”
There are also no-log features offered by many VPNs to guarantee they don’t keep a record of your activity, and no-log audits from third parties like Deloitte that — well, try to guarantee the guarantee. VPNs can even use server tricks, such as RAM-only servers that automatically reboot to erase data after every browsing session.
If you’re seriously concerned about your data privacy, you can look for features like these in a VPN and see if they are right for you. Changes like these, even on the state level, are one reason we pay close attention to how specific VPNs work during our testing, and recommend the right VPNs for the job, from speedy browsing to privacy while traveling.
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