- Authorities in Jammu and Kashmir issued a two-month VPN ban
- Police have already identified 800 users accessing unauthorized VPNs
- Digital rights experts deem the order "legally impermissible"
Citizens of the Indian-administered region of Jammu and Kashmir now face prosecution for using VPN apps.
On December 29, authorities invoked Section 163 of India's criminal procedure code to impose a two-month blanket ban on unauthorized VPN use.
Reports indicate that police have penalized around 800 users, stopping citizens to search their phones for the now-illegal applications.
The Jammu and Kashmir administration justified the ban as necessary to prevent malicious activities associated with VPNs, restricting usage to government-approved services only.
Despite the authorities' stance, VPNs have become essential for residents seeking to bypass internet censorship and secure their communications.
Raman Jit Singh Chima, Senior International Counsel and Asia Pacific Policy Director at Access Now, stated: "Law enforcement is trying to push everyday people from not using VPNs, and that's alarming."
"Legally impermissible"
Concerns regarding the legality of these restrictions have been raised.
Chima remarked, "It's legally impermissible. Blocking VPNs as a whole technology is not something that should fall under the criminal emergency powers being invoked."
This is not the first instance of such measures in the region. Chima noted that police pressured residents over VPN use during the internet shutdown that began in August 2019 and lasted over 550 days, as detailed in this report.
The broader nation has also seen pressure against VPNs, with many companies, including NordVPN, Proton VPN, ExpressVPN, and Surfshark, removing their physical servers from India in 2022 due to a data retention law requiring extensive user data logging for authorities.
The current ban is set for two months, though this may be a formality. Chima explained, "The reason why the orders have a time limit is that, generally, under the law, you cannot issue blanket continuous prohibitory orders," warning that extensions remain a possibility.
What's next?
Given the current legal threats, Chima refrained from providing practical advice on accessing VPNs.
However, for those willing to take the risk, VPN providers typically recommend switching to obfuscated protocols, which mask VPN traffic as standard web activity.
Proton VPN, known for its best free VPN app, features a Discreet Icon option that allows users to change the app's icon to a generic symbol, potentially aiding in evading scrutiny during police checks. This feature is currently available only on Android.
It remains uncertain whether authorities can legally sustain the ban for an extended period. Chima emphasizes the importance of challenging the order in court, stating, "It's crucial for individuals and the tech industry to push back and question the legality of this blanket ban on an entire type of technology."
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