Can Using a VPN to Access TikTok After a US Ban Get You in Trouble?

TikTok, the popular short-form video app that has taken the world by storm, is facing a potentially devastating ban in the United States. With the deadline for its parent company, ByteDance, to sell its shares looming on January 19, 2025, millions of Americans are anxiously waiting to see how this situation unfolds. But amid the uncertainty, one question is being whispered in every corner of the internet: Can you use a VPN to keep scrolling on TikTok if it gets banned? And more importantly, is it worth the risk?

Here’s what legal experts are saying—and it’s enough to make anyone think twice.

Why TikTok Is Facing a Ban

TikTok’s potential ban isn’t just a passing political drama. It stems from real concerns raised by the US government, which has labeled the app a “national security” threat. The fear is that TikTok’s vast troves of user data—including personal information, browsing habits, and even location data—could be accessed by the Chinese government. With ByteDance being a China-based company, the US sees this as a risk that cannot be ignored.

In 2022, the FBI and other federal agencies publicly flagged TikTok as a national security concern. Since then, lawmakers have been exploring ways to mitigate this risk. One solution? Forcing ByteDance to sell off TikTok to a US-based entity. But as of now, ByteDance hasn’t agreed to a sale—and they’re prepared to shut TikTok down in the US if it comes to that.

Naturally, this has left millions of TikTok creators and avid scrollers scrambling for answers. From teenagers who’ve built entire careers on the app to casual users who rely on it for entertainment, the potential loss of TikTok feels like a blow to digital culture as we know it. And that’s where the idea of using a VPN comes into play.

What Is a VPN, and How Does It Work?

A Virtual Private Network, or VPN, is a tool that’s often used to access content that’s restricted in your region. For example, many people use VPNs to watch region-locked TV shows on Netflix or play video games that haven’t been released in their country. By routing your internet connection through servers in another location, a VPN essentially tricks websites into thinking you’re browsing from somewhere else.

So, if TikTok gets banned in the US, the idea is that you could use a VPN to make it look like you’re accessing the app from another country where it’s still available. Sounds simple enough, right?

Not so fast. According to legal experts, this plan could land you in hot water.

What Lawyers Are Saying About Using a VPN for TikTok

We spoke with Neil Elan, a business litigator at Stubbs Alderton & Markiles, LLP, who specializes in high-value intellectual property disputes. Elan didn’t mince words when asked about the legality of using a VPN to access TikTok if it’s banned in the US.

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

In short, if TikTok does get banned and you’re caught using a VPN to access it, you’d be breaking the law. And while some might think they’d never be caught, Elan’s warning makes it clear that the consequences could be serious.

What Are the Risks?

Let’s break down the potential risks of using a VPN to access TikTok after a US ban:

1. Legal Penalties: Violating a ban could result in fines or other penalties. While the exact consequences would depend on how the law is enforced, the possibility of being fined is very real.
2. Enforcement Uncertainty: Elan pointed out that whether or not these laws are strictly enforced depends on several factors. If only a few people use VPNs to access TikTok, it might not draw much attention. But if large numbers of users attempt to skirt the ban, enforcement could ramp up.
3. National Security Concerns: The US government’s primary concern with TikTok is national security. Even if you’re just watching funny videos or posting dance challenges, the data you generate could still be seen as a security risk.
4. VPN Limitations: Not all VPNs are created equal. Some are more secure than others, and even the best VPNs can sometimes fail to hide your activity. If your VPN connection drops or fails, your real location could be exposed.
5. Data Privacy Issues: Ironically, using a VPN doesn’t always guarantee privacy. Many free VPNs are known to sell user data to third parties, which could make you even more vulnerable to privacy breaches.

What Could Happen If TikTok Is Banned?

If TikTok does get banned, here’s what you can expect:

1. The App Will Disappear From Stores: TikTok will no longer be available for download in the US on platforms like the Apple App Store or Google Play Store. This means that even if you delete the app temporarily, you won’t be able to reinstall it later.
2. Access May Be Blocked: Internet service providers (ISPs) could be required to block access to TikTok’s servers, making it impossible to use the app without a VPN.
3. Content Creators Will Migrate: Many TikTok creators will likely move to other platforms like Instagram Reels, YouTube Shorts, or Snapchat Spotlight. These platforms are already gearing up to capture TikTok’s audience if a ban occurs.
4. Legal Ramifications for VPN Users: As mentioned earlier, anyone caught using a VPN to access TikTok could face legal consequences. The extent of these consequences will depend on how strictly the ban is enforced.

What Should You Do If TikTok Gets Banned?

If you’re a TikTok user, the idea of losing access to the app might feel devastating. But before you consider using a VPN, it’s worth exploring other options:

1. Transition to Other Platforms: Many TikTok creators are already diversifying their presence on other platforms. If you’re a creator, start building your audience on Instagram, YouTube, or Snapchat now.
2. Save Your Content: If you have videos on TikTok that you want to keep, download them before the ban goes into effect. This way, you won’t lose your creative work.
3. Explore Alternatives: There are several TikTok alternatives that offer similar features, such as Triller, Dubsmash, and Byte. While none have reached TikTok’s level of popularity, they could still be worth checking out.
4. Stay Informed: Keep an eye on news updates about TikTok’s situation. The app’s fate is still uncertain, and the landscape could change rapidly.
5. Don’t Risk Legal Trouble: No matter how tempting it might be, avoid using a VPN to access TikTok if it’s banned. The potential legal consequences aren’t worth it.

The Bigger Picture

TikTok’s possible ban highlights a larger conversation about data privacy, national security, and the role of social media in our lives. While the app’s future in the US remains uncertain, one thing is clear: The way we interact with digital platforms is changing, and the legal landscape is evolving along with it.

For now, the best course of action is to stay informed, explore other creative outlets, and respect the law. TikTok may have been a groundbreaking platform, but it’s far from the only place where creativity and community can thrive.