VPNs have seen a meteoric rise in the past couple of years. The corporate scene has long since adopted VPNs and several technologies revolving around them to facilitate better remote working conditions. Consumers have also experienced a plethora of options in their selection due to a rise in commercial VPNs. However, with growing familiarity, many have started indulging in nefarious practices that involve a VPN one way or another. Different types of VPN are known to aid in certain activities that many countries and governments, the US included, deem to be illegal.
As such, VPNs also have their fair share of blemishes, which expectedly led many to question the legality of this technology. Users worry before subscribing to a VPN, as they are confused about whether it is legal to use a VPN or not. The residents based in the US are one such bunch who wonder, “is using a VPN unlawful?”
Today we will attempt to clear the doubts of some users and try to answer as many questions as we can. The article will include topics that revolve around why using a VPN for illegal activities is not safe. Also, can someone get into trouble by using a VPN? Finally, why would anyone need a VPN?
Is using a VPN illegal in the US?
Firstly, let us clarify that using a VPN in the US is perfectly legal. No one can find fault if you use a VPN to secure your online activities. VPNs make it harder for interested third parties to pry into your data. By employing a VPN, you are ensuring your online safety and privacy. Although some private businesses/online services ban VPNs on their platform, it doesn’t make the technology illegal.
Take Netflix, for example. They do not allow VPNs to circumvent their geo-restrictions, as is their right. However, if a user does use a VPN to do so, it likely won’t land him in court, only get his account banned. After all, it’s his right to use a VPN, and Netflix likely can’t or won’t report him to the authorities. Generally, restricted content has two facets. One, restricted from the service end, and the second, prohibited under law. Unless and until you use a VPN to access something deemed illegal under the law, you can use it freely.
Consequently, under US law, it is acceptable to use a VPN. Lots of companies already do so to give their employees secure access to the corporate network. To reinforce our statement: no law currently in the US actively bans the use of VPNs. Some government agencies like the FBI even promote the use of VPNs to alleviate the risk of cybercrime. However, as consistent with anything related to the internet, while a VPN in and of itself is legal, if someone uses it for any illegal online activity, they can land themselves into trouble.
Using a VPN for illegal activities doesn’t make them legal!
Don’t expect a VPN to sanction any illegal activities. What is illicit remains so, irrespective of whether you are using a VPN or not. VPN use doesn’t sanitize your unlawful activities. Do not confuse bypassing Netflix restrictions and stalking. Of course, keeping your browsing habits private is nothing criminal, but various crimes can occur over the internet. If someone thinks they can forgo the repercussions by utilizing a VPN, we’d advise them to think long and hard. Once again, VPN use doesn’t make you immune to laws.
A few examples of what you shouldn’t do with a VPN in the US:
- Engage in the piracy of copyrighted material — Maybe you didn’t know, but torrenting a file that contains copyright content, such as a movie, a video, songs, computer applications, or even pictures, is considered an act of piracy. It is subsequently illegal.
- Engage in trade on a dark web marketplace — With the advancement in the industry, most providers allow users to use VPN bundled with TOR (The Onion Router). Using this service is perfectly fine, but do not use it to trade on the dark web, as there can and will be grievous repercussions.
- Engage in cybercrime — Some examples are harassment, identity theft, stalking, hacking, and bullying.
We have already discussed that a VPN is by no means foolproof. It can provide online security, but it is far from being some blanket protection against online surveillance.
Note — We do not endorse the use of VPNs for anything illegal. We remind the users that anything that is admittedly illegal under the law will remain so despite using a VPN. We neither recommend nor condone any unlawful activities and ask users to use their best judgment when using a VPN.
Can I get into trouble by using a VPN for something illegal?
Depending on your activity, you can end up in a lot of trouble if you use a VPN illegally. Law enforcement agencies can hold you responsible for illegal activities, irrespective of whether you were using a VPN or not. The penalty will depend on the crime committed and the nature of the offense. It has nothing to do with your VPN usage. In short, if you are in the wrong and get caught, you will get reprimanded with or without a VPN.
The severity of the crime dictates the punishment, such as:
- You can face adverse jail time for privacy intrusion, identity theft, or online harassment.
- If you were found guilty of financial crimes such as credit card fraud or stealing money via phishing or identity theft, the corresponding charges apply with the necessary penalization.
- One example of a cyberstalking penalty is the Ryan S. Lin case, where he was pronounced guilty and sentenced to 17 years in jail.
- In case of copyright infringement or piracy, you can end up getting fined up to $500,000 and or a jail time of 5 years for violating the Digital Millennium Copyright Act of 1998. Thus, torrent at your own risk.
Why would someone in the US need a VPN?
A VPN is a solid investment for your online health. Additional to the occasional access to the geo-restricted streaming content, you can do much more with a VPN. You can safeguard yourself on public Wi-Fi or even avoid your ISP data throttling attempts. There are various genuine and legitimate uses of a VPN.
Users can employ a VPN to encrypt their data to ensure no third party can access their online traffic. A VPN also allows you to access the net with a remote server, thus maintaining your privacy. As such, it is a highly desired technology sought after by high-risk professionals. Journalists, lawyers, activists, business acumen, doctors, government employees, and many more options for a VPN to protect their online traffic from malicious individuals.
VPNs can help you to get around network-level restrictions. They can also protect you from online monitoring. In this digital age where even your government and ISP engage in data interception and online surveillance, VPN can be the tool to aid you in maintaining your privacy.
Legitimate reasons to use a VPN
Given below are a few legitimate uses of a VPN:
- To secure a workplace — Many enterprises and the government itself uses the VPN to protect their workplace. On top of that, corporate VPNs allow an enhanced remote workplace environment for off-site employees. Many corporations rely on VPNs to secure their data and integrate their central WAN with their outback offices.
- To maintain online privacy and security — As mentioned above, some jobs are sensitive. To remain safe while working in such an environment, they use tools for online safety. One such or one of the best tools is a VPN. Even regular users employ a VPN for the protection of their online traffic. As long as one is privacy-centric, they will value online security and privacy. A VPN encrypts your data by employing encapsulation protocols. Furthermore, it hides your IP address behind a remote server to ensure your privacy.
- Protection of a public Wi-Fi — A public Wi-Fi is the hotbed of risks. You do not know who else is lurking on the network. Thus, using a VPN can ensure your safety on a public network. A VPN will tunnel your data from the client to the server without the prying of a third party.
- VPNs can protect interception-prone VoIP services — VoIP services are prone to eavesdropping and data interception. A decent hacker with skills can listen to your conversation with relevant ease. As such, it becomes imperative to employ a VPN to ensure the sanctity of your VoIP services.
- For accessing restricted content — One of the most popular usages of a VPN is gaining access to blocked content. We recommend you steer clear from it. However, if it includes checking a local news website while you’re outside your native country or price shopping on international websites, you’ll likely leave unscathed.