TikTok’s massive user base in the U.S. faces uncertainty

With an estimated 121 million users, the United States remains one of TikTok’s largest markets. However, as a potential nationwide ban looms over the popular platform owned by Chinese company ByteDance, many users are considering using Virtual Private Networks (VPN) to bypass restrictions. Legal experts warn that such a move could come with significant risks.

What the law says about bypassing the ban

Neil Elan, a Los Angeles-based attorney, explained to Dexerto the legal implications of accessing TikTok via a VPN.

“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,” Elan said.

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This caution comes in the wake of President Joe Biden’s April 2024 bill, which ordered ByteDance to sell TikTok over national security concerns. The legislation grants the U.S. government the authority to ban TikTok, with penalties for non-compliance potentially including fines.

“There would be a penalty and punishment, likely fines,” Elan explained. “I wouldn’t recommend using a VPN to get around the law, although I do know that it is common. Whether lawmakers turn a blind eye or strictly enforce the law is a risk that the user will take.”

Legal gray areas of VPN use

Using a VPN to access a banned social media platform in the United States is not inherently illegal for private individuals but may lead to legal complications in specific situations. Platforms restricted under the International Emergency Economic Powers Act (IEEPA) for national security reasons could potentially result in sanctions violations if accessed through a VPN.

TikTok, for instance, has faced restrictions in the US over concerns about Chinese government influence and user data collection. If a full ban is implemented, new users would no longer be able to download TikTok via Apple or Google app stores, although existing users could continue to access the app. Both TikTok and the US government anticipate that without support from service providers or updates, the app would likely become obsolete.

A risky move for users

For users considering VPNs to bypass the ban, the decision carries a level of risk. While enforcement of such laws remains uncertain, the potential penalties for violating them highlight the seriousness of the situation.

As the debate continues, both TikTok users and lawmakers face tough questions about the future of the app in the United States.