Is the profit from trading cryptocurrencies through VPN illegal and subject to confiscation? A real case sparks heated discussion
Recently, a case of trading cryptocurrencies through a VPN in the crypto community has attracted widespread attention. A user was identified as engaging in illegal activities by the local public security authorities for using a VPN to access foreign exchanges to trade Bitcoin for profit, and all of his profits in RMB were confiscated. In addition, the user was fined 15,000 yuan, and his phone and computer were also confiscated as 'tools of the crime'. This incident has led many virtual currency traders to reflect deeply.
Case details: Profits from trading cryptocurrencies through a VPN deemed illegal
In August this year, a public security agency in a certain area of the country received a report stating that a user named Zhang San (pseudonym) was using a VPN to access foreign trading platforms and profiting from virtual currency trading. The public security agency deemed Zhang San's VPN usage as illegal based on Article 14 of the 'Interim Regulations on the Administration of International Networking of Computer Information Networks' and confiscated the profits he earned from trading cryptocurrencies through a VPN.
Previously, there had also been similar cases. Last year, a programmer was deemed illegal for using a VPN to work, and over one million yuan of his income was confiscated. Although the nature of the work is different from trading cryptocurrencies, both involve 'profit through VPN'.
Controversial focus: The legality of trading cryptocurrencies through a VPN
Although virtual currency trading is strictly controlled domestically, it has not been explicitly defined as illegal. Why are the profits from trading cryptocurrencies through a VPN deemed illegal? The core of the controversy lies in the interpretation of Article 14 of the 'Interim Regulations on the Administration of International Networking of Computer Information Networks'. The public security authorities believe that using a VPN is illegal, and profits obtained through illegal activities are also considered illegal gains. Supporters argue that this helps regulate online behavior, while opponents question whether this interpretation is overly broad.
Legal risks of virtual currency trading
Currently, there are strict restrictions on virtual currency trading domestically, but it has not been explicitly defined as illegal. However, accessing foreign platforms through a VPN may lead to legal issues:
• Illegality of using a VPN: Using a VPN to bypass restrictions without permission is illegal, bringing legal risks to subsequent transactions.
• Profits deemed illegal gains: The logic of the public security agency is that using a VPN is illegal, and profits obtained through that VPN are also considered illegal gains, which may lead to more similar cases.
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