May 25, 2018
While VPNs are legal to use in many countries, including the US, they can be associated with illegal online activity. Virtual Private Networks (VPNs) encrypt your connection to the internet and stop you being tracked or hacked while you’re online – and there are plenty of perfectly legal reasons for wanting to use a VPN.
VPNs are great for protecting your online privacy. With a VPN enabled, you can disguise your IP address and prevent the government, your internet provider, or third parties from monitoring what you’re up to online. While there are plenty of perfectly legal reasons you might want this degree of privacy, VPNs understandably appeal to those looking to hide less savoury activities, including illegal downloads and use of the darknet.
So, is using a VPN in and of itself legal or not? The good news is, for the most part, yes – VPNs are legal to use. In this guide, we’ll examine the legal issues surrounding VPN use and explain your rights.
The good news is, for the most part, yes – VPNs are legal to use.
US law and VPNs
There are currently no laws prohibiting or restricting the use of VPNs in the US and Canada. It’s also legal to use VPNs in many other countries around the world, including the UK, Australia and Europe.
However, VPNs aren’t legal everywhere. They’re are banned in certain countries, particularly those with a more restrictive reputation.
VPNs are illegal to use in Iraq, Belarus and North Korea, and usage is heavily restricted in a number of other territories, including China, Russia, Turkey and the United Arab Emirates.
“While VPNs themselves aren’t illegal in the US and many other parts of the world, VPNs are sometimes used by people to disguise the fact that they’re carrying out activities that break the law.”
VPNs and Illegal Activities
While using a VPN itself is rarely unlawful, certain online activities remain illegal, whether you’re using a VPN or not. These may include:
- Illegal file-sharing
Also known as torrenting, this is where users simultaneously download and upload copyright-protected content (such as music, movies and games) between each other over the internet.
Gaining unauthorized access to computers or networks belonging to other companies or individuals, either to disrupt activity, carry out acts of fraud or steal data, is illegal.
- Buying, selling or downloading on the dark web
The dark web is an under-the-radar area of the internet, where a great deal of illegal activity occurs, such as buying or selling drugs, weapons and other illicit materials, or accessing illegal pornography.
- Cyber stalking
It’s illegal to stalk someone online and cover your tracks using a VPN.
Why are there legal issues around VPNs?
VPNs use encryption to make your connection to the internet private. By using a VPN, you can make yourself anonymous online and mask your browsing activity.
In some countries, particularly where the free movement of ideas is restricted, anonymous, untrackable internet usage can pose a problem for authorities. This is why some governments impose a ban or strict controls over VPN usage.
While VPNs themselves aren’t illegal in the US and many other parts of the world, VPNs are sometimes used by people to disguise the fact that they’re carrying out activities that break the law.
“In some cases, use of a VPN can breach your terms of service for a platform (such as Netflix), rather than the law itself.”
In some cases, use of a VPN can breach your terms of service for a platform, rather than the law itself. For example, VPNs can be used to make it look as if you’re located in another country by routing your connection through a proxy server that’s physically situated abroad. If you’re doing this in order to access a service that’s geo-locked to a specific country – for example, if you wanted to stream from Netflix while you’re abroad – then you may find that doing so breaches the terms of your service agreement.
To complicate matters further, if you use a VPN to make it look as though you’re located somewhere else in the world while you’re online, you could find that your online activities are bound by the laws of the country where the server is situated – not just by the laws of the country you’re really accessing the internet from.
Can you be fined or prosecuted for using a VPN?
Unless you live in a country where VPNs are banned or restricted, you won’t face a penalty for using a VPN. However, in the US and other countries where VPNs are allowed, you could face prosecution for any unlawful activities you carry out while using a VPN.
Using a VPN may not provide you with any protection in criminal cases, either. Many VPNs – including those that claim not to keep any logs – retain some information about their users and may reserve the right to provide this and any other relevant data to authorities, if requested.
Court documents show that VPN provider logs have been used in at least two recent cases (United States of America vs Ryan S Lin and United States of America vs Suzette Kugler) to track and prosecute individuals for illegal activities carried out online while using a VPN.
Your Rights around VPNs
Your rights vary depending on several factors, including the terms of service offered by the VPN you’re using, the country you’re using the VPN in and the terms and conditions of any services you access while using a VPN.
Before you travel abroad, always make sure you check to see whether or not VPNs are legal in the country you’re visiting. If you’re travelling to a country where VPNs are illegal or restricted, you’ll need to disable any VPNs on your devices.
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