With TikTok facing an impending ban in the United States, anxious Americans are doing everything they can to find a workaround… but legal experts say it’s in their best interest to stay away if the ban actually happens.
TikTok is facing an imminent ban in the US if its parent company, ByteDance, fails to sell off its shares of the viral video-sharing app by January 19, 2025.
At the time of writing, TikTok hasn’t entered into any negotiations to sell, and is even prepared to shut down its website in the event that an agreement cannot be reached.
As expected, creators who have made their home on TikTok are understandably panicked, while others who’ve become scrolling addicts are worried their favorite pastime will soon be out of reach.
This has led quite a few netizens to wonder if they can’t find a workaround by using a virtual private network, or VPN, to bypass America’s ban if it does come to pass — but lawyers say this isn’t a good idea.
Lawyer warns against using VPN to get around US TikTok ban
We spoke with Neil Elan of Stubbs Alderton & Markiles, LLP, a business litigator who focuses on high-value intellectual property disputes, to get his insight on the legality of using a VPN to access TikTok if it eventually gets the boot.
According to Elan, using a VPN to access TikTok, should the app get banned in the US, would be firmly against the law, and violators can expect to be punished.
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“If there is a law saying, ‘You can’t do this,’ and you do this by using a VPN to circumvent the law, then you are in violation of the law,” he explained.
“There would be a penalty and punishment, likely fines. I wouldn’t recommend using a VPN to get around the law, although I do know that it is common. Whether the lawmakers turn a blind eye or whether it’s strictly enforced is a risk that the user will take.”
Using a VPN to access TikTok after US ban could result in fines
Whether or not this ends up getting enforced, though, is up in the air. Elan explained that the US’s concern around TikTok largely centers on national security, something that will determine the degree of legal action against those who access the site if it gets the ban hammer.
“The main concern is national security. If a few people do it, then are large troves of US consumer data being accessed by the Chinese government? Unlikely. But if there’s a growing base that continues to use it with the VPN, and the government knows about it, and those concerns still bloom, then there could be penalties enforced.
“How this plays out remains to be seen. It depends on the law. It depends on whether it will be acquired, and it depends on who has the authority to enforce the law and how many users try to skirt the law by using a VPN, but certainly the use of a VPN to circumvent the law would potentially render the user to fines and penalties.”
