VPNs are not categorically banned in Russia either. Just 95% of them. Categorical ban is not actually required here. Government can just create licensing procedure and license only those VPNs, which follow “rules”. I do not see how this is different from ISP bans.
The government can shut down specific illegal acts, such as sharing other people’s intellectual property. They can’t ban tools or protocols, or do things that are functionally bans. There’s plenty of precedent of the government trying to restrict encryption and being shut down. Removing the ability to communicate securely is a first amendment violation.
By the same logic they should not be able to force ISPs to ban sites, but here we are. If they can enforce bans with ISPs, why can’t they do the same with VPN providers?
They may or may not be able to require ISPs to block specific sites. Piracy isn’t protected speech. It’s going to be a moot point because it’s not something that can get actually passed.
They cannot require ISPs to block VPNs. General tools for/access to the internet are protected speech. They could require VPNs that have physical servers in the US to block exits to specific sites (if the first part is valid), but that doesn’t do anything when it’s trivial to have exit nodes elsewhere and structure your service/corporate structure so the exit nodes are not subject to US jurisdiction.
VPNs are not categorically banned in Russia either. Just 95% of them. Categorical ban is not actually required here. Government can just create licensing procedure and license only those VPNs, which follow “rules”. I do not see how this is different from ISP bans.
Entirely unconstitutional restriction of speech.
The government can shut down specific illegal acts, such as sharing other people’s intellectual property. They can’t ban tools or protocols, or do things that are functionally bans. There’s plenty of precedent of the government trying to restrict encryption and being shut down. Removing the ability to communicate securely is a first amendment violation.
By the same logic they should not be able to force ISPs to ban sites, but here we are. If they can enforce bans with ISPs, why can’t they do the same with VPN providers?
They may or may not be able to require ISPs to block specific sites. Piracy isn’t protected speech. It’s going to be a moot point because it’s not something that can get actually passed.
They cannot require ISPs to block VPNs. General tools for/access to the internet are protected speech. They could require VPNs that have physical servers in the US to block exits to specific sites (if the first part is valid), but that doesn’t do anything when it’s trivial to have exit nodes elsewhere and structure your service/corporate structure so the exit nodes are not subject to US jurisdiction.