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Using a VPN could become a criminal offence under new CFAA interpretation

news.ycombinator.com

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Re: Using a VPN could become a criminal offence under new CFAA interpretation

#21

Post by jmcs »

matheusmoreira wrote: post #17
FateOfNations wrote: post #14

Earlier quoted context omitted.

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

> the foreign user is potentially liable for felony criminal charges in the US US law does not apply to non-US citizens. How could a foreigner possibly be liable for anything?

The UK already deported one of their citizens to the US over hacking (https://www.theguardian.com/technology/2006/jul/07/news.usne...), so it depends on how much of a backbone your country has.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#22

Post by popotamonga »

matheusmoreira wrote: post #17
FateOfNations wrote: post #14

Earlier quoted context omitted.

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

> the foreign user is potentially liable for felony criminal charges in the US US law does not apply to non-US citizens. How could a foreigner possibly be liable for anything?

What? Law applies to the country.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#23

Post by OliverJones »

FateOfNations wrote: post #14
sandworm101 wrote: post #6

>> VPN to get access to content that is otherwise blocked in your country through an IP Block for example could become a criminal offence as well. Yes. Accessing material that has been deemed illegal enough to be the subject of a country-wide block is generally going to be a criminal offense. We might all hate censorship, but the people who write the censorship laws are the same as the ones writing the criminal laws.…

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

Country-based IP blocks at content providers (Netflix, other streaming services) relate to their content licensing. They may have purchased the rights to distribute the film in question in the US, but not in Spain, for example. Sure, information wants to be free. But films cost real money to create, and the streaming services have a duty to the people who provide their content.

Just sayin'

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#24

Post by jen20 »

jmcs wrote: post #21
matheusmoreira wrote: post #17

Earlier quoted context omitted.

> the foreign user is potentially liable for felony criminal charges in the US US law does not apply to non-US citizens. How could a foreigner possibly be liable for anything?

The UK already deported one of their citizens to the US over hacking ( https://www.theguardian.com/technology/2006/jul/07/news.usne... ), so it depends on how much of a backbone your country has.

This particular case did not result in extradition - it was overturned several years later.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#25

Post by falcolas »

matheusmoreira wrote: post #17
FateOfNations wrote: post #14

Earlier quoted context omitted.

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

> the foreign user is potentially liable for felony criminal charges in the US US law does not apply to non-US citizens. How could a foreigner possibly be liable for anything?

So long as you don’t set foot on US soil, or piss off someone enough to get extradited.

Being a foreigner is often enough to avoid the punishment, but it’s not enough to be exempt from the laws.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#26

Post by mellavora »

matheusmoreira wrote: post #17
FateOfNations wrote: post #14

Earlier quoted context omitted.

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

> the foreign user is potentially liable for felony criminal charges in the US US law does not apply to non-US citizens. How could a foreigner possibly be liable for anything?

The F it doesn't. You are correct that it can be nebulous to apply it to people not currently physically present in the US due to jurisdictional limitations, but there are numerous exceptions.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#27

Post by ravenstine »

dfstorm wrote: post #9

Well… first it’s not a « public » website; like Facebook and Google, you connect to a privately owned server and, while the « path » is public, the server you contact isn’t. So they are well within their right to block anyone. But trying to make illegal a way to bypass their security is a really dangerous way and if they win, then many, many, privacy tech would have a problem. Hope the judge know how to use a compute…

I really wish that every legal professional and judicial administrator had some rudimentary computer science knowledge. Having friends whom are lawyers, I can tell you that most of them don't have any meaningful understanding of technology becauae they spend so many years of their career heads down on what is effecctively paperwork. They know enough to realize how bass ackwards their industry is when it comes to tech, but if you asked them if webpages are encrypted they would have no idea and would probably assume they are not.

We are headed for a more authoritarian future if those making law or making judgments only see privacy tech as fringe and criminal, or have little meaningful underatandiing of it.

Re: Using a VPN could become a criminal offence under new CFAA interpretation

#29

Post by paul_f »

FateOfNations wrote: post #14
sandworm101 wrote: post #6

>> VPN to get access to content that is otherwise blocked in your country through an IP Block for example could become a criminal offence as well. Yes. Accessing material that has been deemed illegal enough to be the subject of a country-wide block is generally going to be a criminal offense. We might all hate censorship, but the people who write the censorship laws are the same as the ones writing the criminal laws.…

From the context, (CFAA, a US law) "VPN to get access to content that is otherwise blocked in your country through an IP Block" wouldn't be referring to using a VPN to bypass blocks imposed by "your local government" or censorship-related issues, but rather circumventing blocks imposed by US-based content providers. Hypothetical scenario: User outside the United States uses a VPN to access US Netflix content. In doin…

Felony obstruction of Netflix's business model? :-)
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