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Let me put it this way: it is not illegal simply to use a VoIP for your voice communications. There are are a variety of internet/computer based voice communications programs one can use, none of which are per se illegal. Nor is it required that the service you use be registered to you in some way.
No matter what voice communication system you use, though, the manner in which you use it may be a crime. So the details of what he's doing matters.
VoIP providers are being named in lawsuits for being the service platforms for illegal uses by others. West Virginia has a couple of interesting recent cases addressing VoIP provider liability. See Hurley v. Messer for one (I can provide a link later).
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