Is Using a VPN Legal in North Dakota After the 2026 Framework Overhaul?

Yes, using a VPN is legal in North Dakota for most purposes, including privacy protection and accessing geo-restricted content. The state does not impose outright bans, aligning with federal cybersecurity norms. However, misuse—such as circumventing lawful surveillance or committing fraud—remains prohibited under existing statutes.


Key Regulations for Using a VPN in North Dakota

  • Computer Fraud and Abuse Act (CFAA) Compliance: Misusing a VPN to access unauthorized systems or data violates North Dakota’s adoption of the CFAA, risking felony charges under N.D. Cent. Code § 12.1-06.1-08.
  • Anti-Phishing and Identity Theft Laws: VPNs cannot mask illegal activities like phishing (N.D. Cent. Code § 12.1-23-10.1) or identity theft (N.D. Cent. Code § 12.1-23-02), which remain prosecutable regardless of anonymization tools.
  • 2026 Compliance Shifts: The North Dakota Legislative Assembly’s 2025 interim committee on cybersecurity is drafting amendments to N.D. Cent. Code § 54.59.1-01, which may impose stricter logging requirements for VPN providers operating within state borders.

VPN usage is permissible for legitimate purposes, but users must adhere to North Dakota’s cybercrime statutes and emerging regulatory frameworks. Businesses deploying VPNs for remote work should monitor updates from the North Dakota Attorney General’s Office and the Department of Homeland Security to ensure compliance.