As the possibility of a TikTok ban looms in the United States, many users are actively seeking alternatives to continue using the popular app. However, legal experts advise caution, emphasizing that circumventing a potential ban may lead to legal repercussions.
The urgency around TikTok’s future stems from the deadline set for its parent company, ByteDance, to divest its shares of the app by January 19, 2025, to avoid a shutdown in the U.S.
Currently, no negotiations to sell TikTok have been initiated, and the company is preparing for the possibility of shutting down its platform if a deal is not reached.
This impending situation has understandably caused distress among TikTok content creators and the user community, who both fear losing a cherished outlet for creativity and entertainment.
In response to these concerns, some users are considering using Virtual Private Networks (VPNs) to bypass the federal restrictions if enacted. However, legal professionals advise against this approach.
VPNs are often utilized for accessing content that may be region-restricted, such as games and television programs.
Legal Implications of Using a VPN to Access TikTok
We consulted Neil Elan, a business litigator with a focus on intellectual property at Stubbs Alderton & Markiles, LLP, to shed light on the legal ramifications of using a VPN to access TikTok should a ban be implemented.
Elan stresses that utilizing a VPN to bypass a TikTok ban would constitute a violation of the law, with potential penalties for those who choose to do so. He stated, “If there is a law stating ‘you cannot do this,’ and you bypass it using a VPN, you are violating that law.”
“Consequences may include fines or other penalties. While I recognize that many people do this, I cannot recommend it. The extent to which lawmakers enforce this is uncertain and poses a risk for users.”
In 2022, the FBI identified TikTok as a “national security”threat, further fueling the debate over its legality in the U.S.
Potential Consequences of VPN Usage Post-Ban
While the enforcement of these potential penalties remains uncertain, Elan notes that national security concerns primarily drive the scrutiny surrounding TikTok. This focus could influence how strictly any ban is enforced.
Elan elaborates, “The chief issue is national security. The risk to U.S. consumer data being accessed by foreign governments is a key motivator. If only a small number of users circumvent the ban, it is less likely to trigger significant repercussions. However, if usage via VPNs expands and is recognized by the government, the likelihood of enforcement increases.”
“The outcome of this scenario is still unfolding and hinges on various factors, including the potential sale of TikTok and the authority to enforce laws. Nevertheless, using a VPN in defiance of a ban could potentially result in fines and other penalties.”
For more insights and details, check out the full article here.
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