Governments must not adopt emerging and powerful AI technologies without also adopting strong and clear safeguards to protect Constitutional rights, EFF Senior Policy Analyst Dr. Matthew Guariglia testified today to the House Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection. 

During the hearing on “The AI Security Landscape: How Frontier Models, Agentic AI, and AI Coding Tools Are Reshaping Cybersecurity and Critical Infrastructure Resilience,” he explained that the use of generative AI for the purposes of mass government surveillance would supercharge unconstitutional violations of civil liberties. He also highlighted how government secrecy, in addition to the black box of for-profit proprietary technology, prevents the public and lawmakers from knowing when AI models make mistakes, including errors that seriously impact the cybersecurity of critical infrastructure and the lives of individuals.  

“AI also has a track record of getting things wrong—from false citations on legal briefs to a major AI mistake that sent DHS recruits to the field without proper training. There are likely more consequential examples that we do not even know about because of classification that would prevent a more thorough accounting," he said in his opening remarks.

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“At this level the question is not how do we rein in AI, it’s how do we rein in the agencies that would unleash AI on the American public,” Matthew said in response to a question by Subcommittee Ranking Member Delia Ramirez, D-Ill.  

You can read his full testimony as prepared here. 

Update, May 11, 2026: Utah has agreed to not enforce the VPN law until Sept. 3, 2026 after Aylo, the parent company of Pornhub.com, challenged the law in court.

For the last couple of years, we’ve watched the same predictable cycle play out across the globe: a state (or country) passes a clunky age-verification mandate, and, without fail, Virtual Private Network (VPN) usage surges as residents scramble to maintain their privacy and anonymity. We've seen this everywhere—from states like Florida, Missouri, Texas, and Utah, to countries like the United Kingdom, Australia, and Indonesia. 

Instead of realizing that mass surveillance and age gates aren't exactly crowd favorites, Utah lawmakers have decided that VPNs themselves are the real issue.

On May 6, 2026, Utah will become, to EFF’s knowledge, the first state in the nation to target the use of VPNs to avoid legally mandated age-verification gates. While advocates in states like Wisconsin successfully forced the removal of similar provisions due to constitutional and technical concerns, Utah is proceeding with a mandate that threatens to significantly undermine digital privacy rights. 

What the Bill Does

Formally known as the “Online Age Verification Amendments,” Senate Bill 73 (SB 73) was signed by Governor Spencer Cox on March 19, 2026. While the majority of the bill consists of provisions related to a 2% tax on revenues from online adult content that is set to take effect in October, one of the more immediate concerns for EFF is the section regulating VPN access, which goes into effect this coming Wednesday.

The VPN Provisions

The new law explicitly addresses VPN use in Section 14, which amends Section 78B-3-1002 of existing Utah statutes in two primary ways:

1. Regulation based on physical location: Under the law, an individual is considered to be accessing a website from Utah if they are physically located there, regardless of whether they use a VPN, proxy server, or other means to disguise their geographic location.
2. Ban on sharing VPN instructions: Commercial entities that host "a substantial portion of material harmful to minors" are now prohibited from facilitating or encouraging the use of a VPN to bypass age checks. This includes providing instructions on how to use a VPN or providing the means to circumvent geofencing.

By holding companies liable for verifying the age of anyone physically in Utah, even those using a VPN, the law creates a massive "liability trap." Just like we argued in the case of the Wisconsin bill, if a website cannot reliably detect a VPN user's true location and the law requires it to do so for all users in a particular state, then the legal risk could push the site to either ban all known VPN IPs, or to mandate age verification for every visitor globally. This would subject millions of users to invasive identity checks or blocks to their VPN use, regardless of where they actually live. 

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"Don't Ask, Don't Tell"

In practice, SB 73 is different from the Wisconsin proposal in that it stops short of a total VPN ban. Instead, it discourages using VPNs by imposing the liability described above and by muzzling the websites themselves from sharing information about VPNs. This raises significant First Amendment concerns, as it prevents platforms from providing basic, truthful information about a lawful privacy tool to their users. 

Unlike previous drafts seen in other states, SB 73 doesn't explicitly ban the use of a VPN. Under a "don't ask, don't tell" style of enforcement, websites likely only have an obligation to ask for proof of age if they actually learn that a user is physically in Utah and using a VPN. If a site doesn’t know a user is in Utah, their broader obligation to police VPNs remains murky. So, while SB 73 isn’t as extreme as the discarded Wisconsin proposal, it remains a dangerous precedent.

Technical Feasibility

Then there is also the question of technical feasibility: Blocking all known VPN and proxy IP addresses is a technical whack-a-mole that likely no company can win. Providers add new IP addresses constantly, and no comprehensive blocklist exists. Complying with Utah’s requirements would require impossible technical feats.

The internet is built to, and will always, route around censorship. If Utah successfully hampers commercial VPN providers, motivated users will transition to non-commercial proxies, private tunnels through cloud services like AWS, or residential proxies that are virtually indistinguishable from standard home traffic. These workarounds will emerge within hours of the law taking effect. Meanwhile, the collateral damage will fall on businesses, journalists, and survivors of abuse who rely on commercial VPNs for essential data security.

These provisions won't stop a tech-savvy teenager, but they certainly will impact the privacy of every regular Utah resident who just wants to keep their data out of the hands of brokers or malicious actors.

Uncharted Territory

Lawmakers have watched age-verification mandates fail and, instead of reconsidering the approach, have decided to wage war on privacy itself. As the Cato Institute states: 

“The point is that when an internet policy can be avoided by a relatively common technology that often provides significant privacy and security benefits, maybe the policy is the problem. Age verification regimes do plenty of damage to online speech and privacy, but attacking VPNs to try to keep them from being circumvented is doubling down on this damaging approach."

Attacks on VPNs are, at their core, attacks on the tools that enable digital privacy. Utah is setting a precedent that prioritizes government control over the fundamental architecture of a private and secure internet, and it won’t stop at the state’s borders. Regulators in countries outside the U.S. are still eyeing VPN restrictions, with the UK Children’s Commissioner calling VPNs a “loophole that needs closing” and the French Minister Delegate for Artificial Intelligence and Digital Affairs saying VPNs are “the next topic on my list” after the country enacted a ban on social media for kids under 15.

As this law goes into effect, we are entering uncharted territory. Lawmakers who can’t distinguish between a security tool and a "loophole" are now writing the rules for one of the most complex infrastructures on Earth. And we can assure that the result won't be a safer internet, only an increasingly less private one.

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Phishing and data breaches are a constant on the internet. The single best defense against both is to use a password manager to generate and automatically fill a unique password for every site. While 1Password has recently raised their prices, and researchers have recently published potential flaws in some implementations, using a password manager is still a critical investment in keeping yourself safe on the internet. There are free options, and even ones built into your operating system or browser. We can help you choose.

Password managers protect you from phishing by memorizing the connection between a password and a website, and, if you use the browser integration, filling each password only on the website it belongs to. They protect you from data breaches by making it feasible to use a long, random, unique password on each site. When bad actors get their hands on a data breach that includes email addresses and password data, they will typically try to crack those passwords, and then attempt to login on dozens of different websites with the email address/password combinations from the breach. If you use the same password everywhere, this can turn one site’s data breach into a personal disaster, as many of your accounts get compromised at once.

In recent years, the built-in password managers in browsers and operating systems have come a long way but still stumble on cross-platform support. Within the Apple ecosystem, you can use iCloud Keychain, with support for generating passwords, autofill in Safari, and end-to-end encrypted synchronization, so long as you don’t need access to your passwords in Google Chrome or Android (Windows is supported, though). Within the Google ecosystem, you can use Google Password Manager, which also supports password generation, autofill, and sync. Crucially, though, Google Password manager does not end-to-end encrypt credentials ​​unless you manually enable on-device encryption. Firefox and Microsoft also offer password managers. All of these platform-based options are free, and may already be on your devices. But they tend to lock you into a single-vendor world.

There are also a variety of third-party password managers, some paid, and some free, and some open source. Most of these have the advantage of letting you sync your passwords across a wide variety of devices, operating systems, and browsers. Here are four key things to look out for. First, when synchronizing between devices, your passwords should be encrypted end-to-end using a password that only you know (a “master” or “primary” password). Second, support for autofill can reduce the chance that you’ll get phished. Third, security audits performed by third parties can increase confidence that the software really does what it is designed to do. And finally, of course, random generation of unique passwords is a must.

Don’t let uncertainty or price increases dissuade you from using a password manager. There’s a good choice for everyone, and using one can make your online life a lot safer. Want more help choosing? Check out our Surveillance Self-Defense guide.

It's no secret that digital surveillance and other tech-enabled oppressions are acute dangers for liberation movement workers. The rising tides of tech-fueled authoritarianism and hyper-surveillance are universal themes across the various threat models we consider. EFF's Surveillance Self-Defense project is a vital antidote to these threats, but it's not all we do to help others address these concerns. Our team often receives questions, requests for security trainings, presentations on our research, and asks for general OPSEC (operations security, or, the process of applying digital privacy and information security strategies to a current workflow or process) advising. This year stood out for the sheer number and urgency of requests we fielded. 

Combining efforts across our Public Interest Technology and Activism teams, we consulted with an estimated 66 groups and organizations, with at least 2000 participants attending those sessions. These engagements typically look like OPSEC advising and training, usually merging aspects of threat modeling, cybersecurity 101, secure communications practices, doxxing self-defense, and more. The groups we work with are often focused on issue-spaces that are particularly embattled at the current moment, such as abortion access, advocacy for transgender rights, and climate justice. 

Our ability to offer realistic and community-focused OPSEC advice for these liberation movement workers is something we take great pride in. These groups are often under-resourced and unable to afford typical infosec consulting. Even if they could, traditional information security firms are designed to protect corporate infrastructure, not grassroots activism. Offering this assistance also allows us to stress-test the advice given in the aforementioned Surveillance Self-Defense project with real-world experience and update it when necessary. What we learn from these sessions also informs our blog posts, such as this piece on strategies for overcoming tech-enabled violence for transgender people, and this one surveying the landscape of digital threats in the abortion access movement post-Roe. 

There is still much to be done. Maintaining effective privacy and security within one's work is an ongoing process. We are grateful to be included in the OPSEC process planning for so many other human-rights defenders and activists, and we look forward to continuing this work in the coming years. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.