Are VPNs Legal To Use? – Source: www.techrepublic.com

Using a virtual private network to protect personal data or online activities during web browsing is legal in many countries, like the United States, United Kingdom and France. However, this legality has some limits and can vary based on the specific activities conducted through the VPN. For instance, using a VPN to engage in activities like hacking or piracy is still illegal, regardless of the VPN’s legality in your country. On the other hand, some countries like Russia, China, North Korea and Iran have restricted or outright banned VPN services primarily for control and censorship purposes.

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While VPNs are now popular for data protection and to bypass geo-restrictions in certain countries, it is important to note that penalties apply when you use them illegally in some countries.

This article explores everything you need to know about VPN legality, including information on where they are legal, restricted or banned.

The table below contains a list of some of the countries where the use of VPN is legal, restricted or banned.

Where are VPNs legal to use?

VPNs are legal to use in most countries, including the United States, United Kingdom, Canada, some European Union countries, Australia and Japan. The legality stems from several reasons, including privacy protection and business use. Below are a few countries where you can use VPNs freely with minimal or zero interference.

The United States

VPNs are completely legal in the U.S., as there are no federal laws prohibiting their usage. The U.S. also doesn’t have any mandatory data retention laws. So, VPN service providers located outside the country can choose not to retain any user logs. However, note that the legality of VPN service providers in the U.S. is subject to their compliance with laws governing online privacy and data protection. Thus, using a VPN for illegal activities is prohibited and punishable under U.S. law.

The United Kingdom

Just like the United States, the U.K. has no laws prohibiting the use of VPNs in the country. One small thing to worry about is your absolute privacy, since all VPN providers in the UK are mandated by the nation’s Investigatory Powers Act to provide information to the police or intelligence agencies when asked to do so.

European Union

In the E.U., VPN services are legal. While the European Court of Justice overturned the Data Retention Directive in 2014 [PDF], leading to the invalidation of such laws in many countries like Belgium and the Netherlands, there are still some EU countries that maintain these laws, including Italy, Estonia, Finland, Greece, France, Spain, Lithuania, Latvia, Malta and Portugal.

Australia

Using a VPN is legal in Australia. However, even with a VPN, users are still subject to Australian laws and regulations. So while VPNs provide privacy and security, they don’t exempt users from legal responsibilities.

Canada

VPNs are legal in Canada, even though there have been discussions in the past about blocking them, primarily driven by concerns from Canadian telecommunication companies. Despite this, as of now, VPN usage remains permissible under Canadian law.

What can you legally do with a VPN?

VPNs can provide a safe means to browse the internet without fear of spying or data leaks. However, it is important to note that not all activities can be legally performed when using a VPN. Below are some actions you can legally perform with a VPN.

Browse the web anonymously

Your internet traffic is encrypted and routed through servers located in different regions when you use a VPN to browse the internet. The aim is to mask your IP address and make it difficult for websites, advertisers and governments to track your online activities. This is legal in most countries, as long as you’re not engaging in illegal activities.

Stay safe while working remotely

You can use a VPN to add an extra layer of security to your internet connection when working remotely. This can help protect your sensitive data and communications from potential hackers or eavesdroppers.

Protect yourself from Wi-Fi hacks

Public Wi-Fi networks are often targets for hackers looking to intercept data transmitted over these networks. By using a VPN, your data is encrypted (email activity, HTTP web browsing, DNS traffic, etc.), making it much harder for hackers to intercept and exploit your information, thus providing legal protection against hacking.

Access your favorite sites when you’re abroad

Some websites and streaming services restrict access based on your geographical location. With a VPN, you can bypass these restrictions by connecting to servers in countries where the content is available. As long as you’re not violating the terms of service of the website or service provider, accessing geo-blocked content with a VPN is typically legal.

Activities considered illegal with a VPN

Below are some activities that can land you into trouble when using a VPN.

Hacking

Using a VPN to mask your identity while engaging in unauthorized access to computer systems, networks or data is illegal. This includes activities like gaining unapproved access to someone else’s computer, stealing data or disrupting network services.

Copyright infringement

Downloading or sharing copyrighted material without proper authorization while using a VPN is illegal. Most countries, including the U.S. and U.K., have stringent penalties for this kind of crime.

Cyberbullying and harassment

Any attempt to use a VPN to anonymously engage in cyberbullying, harassment or online stalking is illegal. In most countries where VPNs are legal, you can still be prosecuted for sending out threatening messages, spreading rumors or engaging in any form of online harassment against individuals or groups while using a VPN.

Distributing malware

Concealing your identity with a VPN to distribute malware, such as viruses, ransomware or spyware, is illegal. The activity can cause significant harm to individuals, organizations and systems and is subject to severe legal penalties in most countries in the world.

Illegal marketplace transactions

It is not legal to use a VPN to access illegal marketplaces on the dark web. If you engage in illegal transactions, such as buying or selling drugs, weapons, stolen goods or sensitive personal information, you can be arrested and prosecuted when caught.

In which countries are VPNs illegal or restricted?

While VPNs remain legal in most countries, there are still some countries that have a form of restriction on their usage or even a total ban. Let’s take a look at some of them.

Russia

VPN usage in Russia is legal, but with heavy restrictions. In March 2024, the Russian government passed a law forbidding companies to offer or advertise VPNs not approved by the government. The law mandated all VPN service providers in Russia to block access to banned websites or online services. Russia also has a mandatory data retention policy that forces companies to retain traffic logs for one year. All these requirements have forced many VPN service providers to pull out of the Russian market.

China

Using a VPN in China is legal, but the VPN service provider has to follow government regulations on censorship. Once the VPN fails to comply with these Chinese local laws, their service can be blocked with China’s ‘Great Firewall’ in full effect.

Iran

While a VPN is legal in Iran, its usage comes with a caveat. In February 2024, the Iranian National Virtual Space Center announced a resolution approved by their Supreme Leader banning the use of VPNs in the country. The resolution prohibits the use of VPNs except for those with a legal permit. With this, people can only sign up with VPN providers that are registered and approved by the Iranian government.

North Korea

VPN usage in North Korea is banned. Their government has stringent measures on internet access across the country. North Korean citizens are only allowed to use a tightly controlled government intranet called ‘Kwangmyong’ (‘Bright Light’). This intranet prevents their citizens from accessing content from the outside world, including social media.

India

VPNs are legal in India, but the Indian government in 2022 passed a law that mandates all VPN service providers to store user logs for at least five years. With this law, VPN providers will have to store usernames, IP addresses, usage patterns and other forms of identifiable information and report any unauthorized access to social media accounts to the Computer Emergency Response Team. Those who don’t comply could potentially face up to a year in prison. This government restriction has prompted many VPN providers to remove their servers from India.

Turkey

Using a VPN in Turkey is legal, but only government-registered VPN service providers are allowed to operate in the country. The Turkish government heavily censors the internet, and they often block social media platforms like X and Facebook, or even sites like Tor and some VPN service providers. Recently, the country banned Threads, Meta’s X-like platform. Some streaming sites, like the Amazon-owned live-streaming platform Twitch, are also banned due to intellectual property issues.

Belarus

In Belarus, any technology that tries to anonymize internet usage is completely banned, VPNs included. Since 2016, the Belarusian government has been cracking down on VPNs and Tor, and any person caught using them might be prosecuted. The government is also known to be using surveillance techniques such as deep packet inspection to find and block VPNs.

How do countries enforce a ban on VPNs?

While monitoring VPN activities can be very difficult, many repressive governments around the world have techniques to monitor or enforce a ban on any VPN provider they want. These measures may include IP address blocking, port blocking and DPI.

IP address blocking

This method involves the government gathering a list of IP addresses associated with VPN services and blocking them on the network. When a user tries to connect to a VPN server using one of these blocked IP addresses, their connection is denied. This approach is relatively straightforward but requires constant updates as VPN providers may frequently change their IP addresses.

Port blocking

Another tactic they can use is to configure firewalls to block specific ports commonly used by VPN protocols. For instance, if a firewall detects connection attempts on these blocked ports, it will deny access, preventing communication between the user’s device and the VPN server. This method targets specific network ports rather than IP addresses.

Deep packet inspection

DPI involves analyzing the content of data packets moving between a user’s device and servers on the internet. By inspecting these packets, DPI can detect patterns and signatures indicative of VPN traffic. When VPN protocols are identified, the system can intervene to block or disrupt VPN connections. DPI allows for more precise identification of VPN usage, regardless of the specific IP addresses or ports being used.

Conclusion

VPN technology can be helpful in many ways, including online security and access to geo-restricted content. However, their legality across different countries varies. It is important to study the local laws that cover VPN usage in your country to be on the safe side, as some countries have stringent rules while others have lesser requirements when it comes to how you can use a VPN. Most importantly, make sure you’re not violating any terms of service or using them for illegal activities, even if the VPN is legal in your jurisdiction.

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