Q & A About VPN and Related

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1. What is VPN?

VPN stands for Virtual Private Network, which is used to go around the GFW (The Great Fire Wall of China，the censorship over the Internet by the authorities) to visit the blocked overseas websites, such as Facebook, Twitter, and Google.

2. Is it illegal to use VPN in China?

According to Article 6 of the Interim Regulations on the Management of International networking of Computer Information (“Interim Regulations”):

To carry out international networking of computer information, the output and input channels provided by the Ministry of Posts and Telecommunications in its public telecommunication network shall be used.

No units or individuals shall establish or use other channels for international networking on their own accord.

Clearly, to use unauthorized VPN is illegal.

In addition, according article 14 of the Interim Regulations:

Those that violate articles 6, 8 and 10 shall be ordered by public security departments to stop networking, with a warning issued to them. They may also be imposed a fine below 15,000 yuan. If they have earned any illegal incomes, this income shall be confiscated.

3. Is it a crime to use VPN?

Technically，using VPN is illegal, even if your only intention is to surf the net at random.  However, if you at the same time carry out any of the following behaviors, you could be sent to jail, as they are all criminal offense:

1. If you spread any misstatement or inappropriate message, you could be found of guilty for slander or picking quarrels and provoking troubles，and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

2. If you provide VPN to other people to make money, you will be found guilty for providing programs or tools for hacking into or illegally controlling computer information systems, if the circumstances are serious, the punishment could be imprisonment of not more than three years.

Related regulations in Interim Regulations on the Management of International networking of Computer Information:

Article 6

To carry out international networking of computer information, the output and input channels provided by the Ministry of Posts and Telecommunications in its public telecommunication network shall be used.

No units or individuals shall establish or use other channels for international networking on their own accord.

Article 14

Those that violate stipulations in articles 6, 8 and 10 shall be ordered by public security departments to stop networking, with a warning issued to them. They may also be imposed a fine below 15,000 yuan. If they have earned any illegal incomes, these incomes shall be confiscated.