I don’t think so. Which is why I couldn’t imagine any pun involved.
There’s one in every crowd.
Tricky question. Google search links to websites I don’t consider reliable assuring everyone that VPN use is entirely legal nationwide and here are some VPN reviews where we receive a kickback if you sign up.
The legal website Volokh conspiracy dodges the issue entirely by noting that VPN searches skyrocketed after states passed age verification porn laws (excepting Louisiana, whose law was drafted with greater care).
PC Magazine issues this disclaimer: “Note that while this [VPN] guidance can be used to get around Pornhub’s embargo, it could also be used to avoid the very age-restriction requirements Pornhub is protesting. We can’t advise you on the risks of trying to circumvent the law.”
IANAL, but I’ll observe that those over 18 who use a VPN are not using the VPN to disguise their underaged status, because they have no underaged status.That said, Texas, Arkansas, Mississippi, Montana, North Carolina, Virginia, and Utah have enacted bans that has led Pornhub to block access. That’s a lot of legal code to go through, so perhaps it’s unsurprising than nobody reliable has laid down a definitive opinion on the legal risks of VPN usage in states curbing minor’s access to porn content.
I would assume it depends what the law says. If it says “state residents must be over 18 to access” then how you access (or whether the site checks) is irrelevant in your case, being over 18. Which would be a pretty stupid law, since it could only charge minors.
If it says “site must verify they are over 18” then presumably a person access the site without verification still is not breaking the law (them or the site) if they are over 18.
If the law says “ALL visitors must verify” then yes, you are violating the law if you bypass verification.
I don’t want to think of the legal arguments if you access a remote desktop in another state, which then accesses the site… Or the way-back machine archive, or some such.
I linked to the actual bill earlier, so you can read it for yourself, but it’s directed at “an individual or commercial entity that publishes or distributes in this state a website that contains…”
So it’s not about the location of the user, it’s about whether or not the website is available in TN. In fact, that actually makes Pornhub’s statewide ban make sense. If the site isn’t “distributed”(available) in TN, they can safely ignore the law and let TN users find their own ways to access it.
The legality of using a VPN to access it, I would think, is irrelevant to PH.
If my kid steals a playboy from my house, the cops aren’t going to give the store I bought it from a ticket as if they sold it directly to a minor. But the might ticket the babysitter that my kid paid to sneak into my room and retrieve it.