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Security problem with Canadian servers?

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Starting today Canadian Internet providers are required to forward copyright infringement notices to their subscribers. This notification scheme provides a safe harbor for ISPs but is also expected to result in a surge in piracy settlement schemes. The new law further causes trouble for VPN providers, who are now required to log customers for at least six months.

 

http://torrentfreak.com/canadian-isps-vpns-now-alert-pirating-customers-150102

 

I was wondering if this will affect the use of Canadian servers, or is it just for providers based in Canada?

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https://airvpn.org/privacy/

 

Servers located outside the European Union will treat users data with the same (or higher) level of privacy and data protection, never with a lower level of privacy and data protection. AirVPN will not use or locate servers in countries which have laws which would force Air to violate the aforementioned European Union directives. Anyway, in case of jurisdictional conflicts, Air will not recognize extra-UE competence and will respond only to European Union laws.

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Hello I am new here, have been using a VPN service for over 2 years that is based in Canada so have been watching the law closely. It taking effect today I tried to contact support of that service & ask this question but the support page just loops & won't let you connect. Have cancelled that subsciption now & after researching think Air might be the best choice so this topic really interest me.

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https://airvpn.org/privacy/

 

Servers located outside the European Union will treat users data with the same (or higher) level of privacy and data protection, never with a lower level of privacy and data protection. AirVPN will not use or locate servers in countries which have laws which would force Air to violate the aforementioned European Union directives. Anyway, in case of jurisdictional conflicts, Air will not recognize extra-UE competence and will respond only to European Union laws.

 

 

I hope that is the case but, we shall see. 

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Interested in the outcome of this as well, Canadian servers seem to have been gaining user popularity with increases in bandwidth use and a few new servers being added recently. I know airVPN wouldn't comply and would just have to relocate servers elsewhere. Maybe an alaskan datacenter? At least you won't have to pay for server cooling

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In the past AirVPN has just dropped servers when faced with too many demands from the server providers, rather than comply. See for example:

 

https://airvpn.org/topic/9840-diadem-withdrawn/

 

Or had the providers cancel them when they were not happy with AirVPN's response. See for example:

 

https://airvpn.org/topic/9450-fornacis-canceled-by-provider/

 

Keep in mind that AirVPN is not based in Canada. So the bit "Air will not recognize extra-UE competence and will respond only to European Union laws" becomes important. I think AirVPN has a good lawyer (or several - basically activists). Not just good technical people.

 

It may be relevant here that AirVPN no longer has servers in Italy where AirVPN is based:

 

https://airvpn.org/topic/11359-withdrawal-announcement-crucis/

 

In the end you do have to trust your VPN providers claims.

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All here should know from past history that Air will not turn over your "stuff" even if they could, which they can't.  How this will get handled by Air will be interesting.

 

In my case this is usually vpn1 so I don't care too much.

 

On that note I wonder how this new law will be impacting (if at all) Canadian TOR exit nodes????  Lots of members use TOR over Air and there are times you will end up on a Canadian exit node (just luck of the draw)!  In those cases you may end up there/Canadian exit, even if you are on a Air server anywhere in the world.

 

*****   I am pretty sure Air will take their time in responding to this thread.  The Canadian Gov't likely reads here so an "official" Air response has to be carefully crafted at this early stage of seeing the new law in effect.    ********

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I reached out to support regarding this issue, and this is the response i got.

 

 

Hello!

We confirm you that we repute that we have no obligation to follow Canadian laws for services provided outside Canada, although with data only transiting through servers in Canada. Additionally, we also repute that for us the privacy and data protection framework of the European Union takes precedence on any Canada law, in case the latter conflicts with the first.

Kind regards
AirVPN Support Team

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I reached out to support regarding this issue, and this is the response i got.

 

 

Hello!

 

We confirm you that we repute that we have no obligation to follow Canadian laws for services provided outside Canada, although with data only transiting through servers in Canada. Additionally, we also repute that for us the privacy and data protection framework of the European Union takes precedence on any Canada law, in case the latter conflicts with the first.

 

Kind regards

AirVPN Support Team

 

 

That is very good to hear. The staff put the same answer on this forum as well.

 

https://airvpn.org/topic/12816-two-new-1-gbits-servers-available-ca/

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Yep, that is pretty much what I thought!!

 

I am almost certain Air would move before providing connection details to authoritites.  That said; all here should suspect that the Air datacenters hosting these servers are being surveilled from the "outside".  Just be sensible and employ a reasonable partition of trust!

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Hello!

 

We confirm to you that we repute that we have no obligation to follow Canadian laws for services provided outside Canada and to non-Canadian citizens, with data only transiting through servers in Canada. Additionally, we also repute that for us the privacy and data protection framework of the European Union takes precedence on any Canada law, in case the latter conflicts with the first, because our company is under EU legal framework jurisdiction and not under Canada jurisdiction.

 

Kind regards

 

If I understand correctly, this infers that they are not obligated to give out any information regarding to non-Canadian citizens using the service. How about requests for information pertaining to actual Canadian citizens using the service however?

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Hello!

 

We confirm to you that we repute that we have no obligation to follow Canadian laws for services provided outside Canada and to non-Canadian citizens, with data only transiting through servers in Canada. Additionally, we also repute that for us the privacy and data protection framework of the European Union takes precedence on any Canada law, in case the latter conflicts with the first, because our company is under EU legal framework jurisdiction and not under Canada jurisdiction.

 

Kind regards

 

If I understand correctly, this infers that they are not obligated to give out any information regarding to non-Canadian citizens using the service. How about requests for information pertaining to actual Canadian citizens using the service however?

 

Hello,

 

we presume that no Canadian citizens connect to Canadian servers, but if a competent authority (with jurisdiction on our company) can prove otherwise we'll be happy to evaluate any proof and consider new options.

 

Kind regards

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Hi,

 

In the same area of concern and might not be in the right place :

I'm not really well informed with the US laws and how VPN works with them but from what I've heard I wanted to know if the MPAA request or any US-based jurisdiction can have access to information located in AirVPN US-based servers ?

To simplify my meaning, I wanted to know if I'm EU citizen leaving in the US and from there accessing a US-based server I have the same security as if I'm using a CA-based server. If it's the case, I'll be happy to use a US-based server for a better ping.
Also, why with Eddy, it prefers CA-based (5-star rating) servers over US one's ?

 

Thank you 

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