Rights Holders, having recently succeeded in forcing even some third-party public Domain Name System (DNS) resolvers to block websites that have been found to facilitate internet copyright infringement (piracy), are now turning their attention to major Virtual Private Networks (VPN) like NordVPN, ExpressVPN, ProtonVPN, and others.
For those out there who may still be unfamiliar. A VPN essentially encrypts and routes your internet traffic through a different protocol and server (i.e. a private network connection that runs over the public internet). Remote workers often use VPNs to connect with their office network while at home and ordinary consumers may use one too, such as to help keep their connections secure while remote working (not a panacea), as well as remote desktop control, staying anonymous online or for avoiding internet filters (e.g. hotel wifi) and geo-blocking etc.
Suffice to say that VPNs are an incredibly useful tool, although they can also be used to help people circumvent website blocking measures that might have been imposed by ISPs, including those that were introduced through the courts. But until recently Rights Holders would have found it difficult to extend such blocking orders to VPNs, although several court successes against public DNS providers in other countries have started to change that.
According to Torrent Freak, Rights Holders in France are now seeking to extend site-blocking measures to VPN providers, with Canal+ and the football league LFP requesting new court orders that could compel NordVPN, ExpressVPN, Cyberghost, ProtonVPN, and Surfshark to introduce blocking orders. As usual, the focus here is on some of the market’s largest VPN providers.
The VPN Trust Initiative (VTI), which represents VPNs, said (here):
“The VPN Trust Initiative (VTI), part of the i2Coalition (Internet Infrastructure Coalition), stands firmly against any request for French courts to mandate VPN services to block access to potentially infringing streaming websites. While VTI members unequivocally oppose the misuse of VPNs for illegal activities, this move not only misplaces blame but also threatens to undermine cybersecurity, privacy, and digital freedom for millions of French residents.
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VPNs are not facilitators of piracy. They neither host, store, nor promote copyrighted material. Such content is not discovered and referenced via privacy-focused VPN tools. Targeting VPN services for activities they do not enable or promote is a misguided and disproportionate approach.”
The VTI’s statement goes on to argue that restrictions against VPNs are typically only prominent in countries such as China, Russia, Myanmar and Iran, amongst others. Such measures are often introduced via those states under the guise of protecting national interests or preventing illegal content, albeit with the real intention of censoring speech and preventing open access to the internet.
At present this case is only focused upon France, but the result could impact or fuel similar cases or services in other countries, such as the UK. Admittedly, this is still very much a game of whack-a-mole for Rights Holders, and we don’t yet know how much success they’ll have, although it has long been expected that commercial VPN providers would be their next target.