Exclusive: Lawyer reveals risks of using TikTok with VPN if US imposes ban

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As TikTok potentially gets banned in the U.S., concerned citizens are trying various methods to bypass the restriction, but legal advisors recommend avoiding the app should the ban materialize.

If ByteDance, the owner of TikTok, doesn’t manage to transfer ownership of the popular video-sharing platform, TikTok, by January 19, 2025, there are plans to ban it in the United States.

As of now, TikTok has yet to engage in any talks regarding a sale, and they are ready to take down their site if a deal cannot be made.

Just as anticipated, content creators who’ve established a presence on TikTok find themselves anxious, while those hooked on scrolling can’t help but worry that their cherished pastime might disappear in the near future.

Many internet users are pondering if they could possibly circumvent the potential ban in America by employing a Virtual Private Network (VPN). However, legal experts advise against this approach.

Lawyer warns against using VPN to get around US TikTok ban

I recently chatted with Neil Elan, an attorney specializing in high-stakes intellectual property disputes at Stubbs Alderton & Markiles, LLP. He shared some fascinating insights about whether it’s legal to use a VPN to access TikTok if it ever gets banned. Here’s what he had to say from my perspective as a gamer:

“As a gamer who values their TikTok time, I wondered if using a VPN to access the app would be on the up-and-up if it were eventually kicked off. Neil Elan, an expert in high-value intellectual property disputes, offered some enlightening insights into this question. According to him, while it’s not illegal to use a VPN for personal reasons, it might still violate TikTok’s terms of service. If the app is banned in your country, you could face consequences from both TikTok and the authorities if they find out you’re using a VPN to access it. To stay on the safe side, I recommend keeping an eye on updates regarding TikTok’s legal status in your region and following their terms of service closely.

Elan suggests that if TikTok gets banned in the U.S., using a VPN to access it would likely break the law, and individuals engaging in such activities could face penalties or consequences.

He clarified that if an law forbids a certain action but you perform it through a VPN to get around the law, then you’re actually breaking that very same law.

Using a VPN to bypass the law could result in fines as a penalty and punishment. It’s important to note that while many people do it, I don’t advocate for this action. The level of enforcement can vary, with some instances where lawmakers might look the other way, but the user assumes this risk.

Using a VPN to access TikTok after US ban could result in fines

It’s uncertain whether these measures will actually be implemented. Elan clarified that the primary worry about TikTok from the U.S. perspective revolves around national security concerns, which could potentially lead to serious legal consequences for users if the app is eventually banned.

The primary issue at hand is ensuring national security. It’s unlikely that a few individuals accessing a VPN would mean vast amounts of American consumer data are being obtained by the Chinese government. However, if an increasing number of users continue to employ this VPN and the government becomes aware, and concerns persist, there could be potential consequences.

The ultimate outcome is yet uncertain. It hinges on legal regulations. If the law gets implemented, it will depend on who acquires it, and who has the power to enforce this law, especially considering those who might attempt to bypass the law using a VPN. However, utilizing a VPN to dodge the law could lead to penalties and fines for the user.

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2025-01-15 16:09