Image
The beginning of real change for VPN services in China?
As we could read in the news Guangdong province public security bureau recently imposed a fine for an amount of 1,000 RMB on an individual for using virtual private network (VPN) software to evade Chinese internet censorship.
Even though use of VPN services has been long prohibited in China VPN service providers and users are still quite common, especially among foreigners living in the country, counting hundreds of thousands of users.
A VPN connection allows the user to circumvent the Great Firewall of China implemented to regulate the use of internet domestically. Therefore, it allows the user who activates the service to access certain content that otherwise would not be available from a standard connection in China.
However, even though the Chinese authorities had implemented measures in the past to restrict the provision of VPN services in the country, there had been no records of an individual being prosecuted for using a VPN service so far.
Now, the fine was issued based on the Interim Administrative Regulations of the People's Republic of China governing the International Interconnection of Computer-Based Information Networks (“Interconnection Provisions”).
In this regard, art. 7 of the Interconnection Provisions requires that:
the international interconnection of a computer information network must use the government-provided international gateway channels; and
no party can establish or use other channels to make international connections without approval.
Therefore, any connection not compliant with the above-stated requirements would infringe this law and would be potentially subject to the legal consequences determined for this sort of acts.
As mentioned, although the Interconnection Provisions were enacted by the State Council in 1996, this is reportedly the first time that an individual has been punished for using VPN software to evade Chinese internet censorship.
This situation makes us wonder whether the Public Security Bureau and in general Chinese Authorities will implement a stricter approach when it comes to VPN services in China and will keep prosecuting users of this service in the future, including companies and individuals.
Due to its implications and potential consequences, it will be worth it to keep an eye on it.
HFG Law&Intellectual Property
