For example, the operation of so-called Virtual Private Networks (VPNs), which conceal real location; the use of TLS protocol modifications such as ECH (Encrypted Client Hello), which hides information to ISPs in HTTPS connections; and the use of QUIC, which runs over UDP and facilitates concealment of the connection.

The technical foundations of these new technologies prevent ISPs from adopting protective measures against illicit content, such as online piracy. Therefore, any legal instrument must consider this technical constraint as a key factor in the effectiveness of protective measures.