When VPN use becomes illegal
However, there are still certain “offences” that could increase the risk of prosecution. “Using a VPN to commit an offence gives rise to a risk of prosecution,” said Blyth.
"Business users can be held accountable, like the use of any other technology if it has been misused," the TRA said. "Any misuse of the licensed and organised services in the UAE will lead to legal accountability. It is worth mentioning that the laws are targeting those who misuse the services and not those activities that are consistent with UAE's laws."
Blyth said examples of offences which may be carried out online using a VPN include accessing and using gambling services, accessing obscene materials and watching or listening to television, film and other media content that is not licensed for use in the UAE.
She, however, would not give a categorical answer when asked whether or not the use of VPN to link to sites that are otherwise inaccessible in the UAE due to regional restrictions such French TV channel or Netflix US, can be considered illegal.
“Some sites that can’t be accessed here aren’t necessarily blocked by the government. The French TV channel for example is prohibited from broadcasting in this market by France. So effectively, when you access the channel using a VPN, you’re breaching the French law, not the UAE’s,” said one expatriate from France who also works in the IT industry.
Few examples of VPN uses
1. Employees working remotely: Through a VPN, company staff working from home can log on to the organisational network and connect to internal company resources
2. Data protection: Users of free public Wi-Fi hotspots can expose themselves to hackers. Solling said there have been multiple examples across the globe where people have been attacked or fallen victim to digital eavesdropping while using an open wireless network in a coffee shop or at an airport.
3. E-banking services: To prevent hackers from accessing bank accounts, some banks block IP ranges of countries where financial fraud cases have been widely reported. If a customer happens to live in one of these countries, it may not be possible to access banking services online. In thise case, a VPN can make it seem like the user is accessing the site from another location,
Downsides
One of the downsides to allowing the public to use VPNs, however, is that some people can use it for criminal activities.
"All of the [encryption features of VPN] can also be applied by cyber criminals or even normal criminals to cover their tracks where they perform or plan activities and attacks," said Solling.
"A VPN tunnel could make an attacker appear to be based in a different country or location, thereby covering his tracks."
In effect, he said, VPNs can potentially hide the malicious activities of certain groups who are out to harm the safety of a country.
"For the same reason, the use of VPNs and encryption is a general concern from law enforcement all over the world and keeping the right balance between privacy and safety is a big balancing act taking up much space in newspapers and the media."
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