VPNs with servers in Trinidad and Tobago

Contravention is an offence carrying, on summary conviction, a fine of one million dollars (s. 13(3)). The Act sets no retention period. Whether a VPN operator is a telecommunications service provider under it is not established.

The Privy Council held in 2023 ([2023] UKPC 36) that sections 3 and 4 of the Sedition Act (Chap. 11:04) remain in force: the Act is existing law protected by section 6 of the Constitution from challenge on constitutional-rights grounds. The Board observed that there is much to be said for implying a requirement of intention to incite violence or disorder.

The Computer Misuse Act (Chap. 11:17) makes knowingly and without authority securing access to a program or data, or intercepting any function of a computer by a device, an offence punishable on summary conviction by a fine of $15,000 and two years, and $30,000 and four years on a second conviction (ss. 3, 6).

A warrant requires the judge to be satisfied that interception is necessary in the interests of national security or to prevent or detect an offence, that other investigative procedures have failed or are unlikely to succeed, are too dangerous or impracticable, and that interception is proportionate to what is sought (s. 8(2)).

The Minister must report within three months of each year-end the numbers of warrants applied for, granted, refused or revoked and the criminal proceedings in which intercepted communications were adduced, and lay the report before Parliament (s. 24). The order of the rows is the security score, and a server’s location is not a recommendation.