Virtual private networks (VPNs) have surged in popularity in recent years as more people seek to safeguard their online privacy and security. Nearly one-third of all internet users worldwide have used a VPN at some point, with the global VPN market projected to reach over $92 billion by 2027, according to the Global Market Insights report.[^1]
But with this increased usage has come increased scrutiny, with many wondering "are VPNs legal?" The answer is not always straightforward and depends on a number of factors, especially your location and how exactly you‘re using the VPN. As a cyber security professional with over a decade of experience, I‘ll break down the key legal considerations for using VPNs, particularly in the United States.
Legal vs. Illegal VPN Usage
The most important thing to understand is that VPNs are not inherently illegal. In fact, many businesses require their employees to use VPNs when working remotely or accessing company resources over unsecured networks. VPNs encrypt your internet traffic and mask your IP address, making it much harder for hackers, your internet service provider (ISP), or other third parties to intercept your data or track your online activity.
However, using a VPN does not give you license to conduct illegal activities online. If an action is illegal without a VPN, like hacking, downloading copyrighted content, or buying illicit goods off the dark web, it‘s still illegal when using a VPN. A VPN may make it harder for authorities to trace these activities back to you, but you‘re still legally liable if caught. As stated by the Electronic Frontier Foundation, "using a VPN doesn‘t make illegal acts legal."[^2]
There are also some legal gray areas when it comes to using VPNs to access region-locked content, like streaming shows only available in certain countries. A survey by GlobalWebIndex found that 51% of VPN users utilized them for accessing better entertainment content.[^3] While this may not be explicitly illegal, it often violates the terms of service of streaming platforms like Netflix or Hulu. These services are increasingly cracking down on VPN usage, with Netflix even blocking most VPNs from accessing their service.[^4]
VPN Legality Around the World
It‘s also crucial to recognize that VPN legality varies significantly around the world. While VPNs are legal in the vast majority of countries, including the entirety of North America and Europe, a small but notable number of countries place heavy restrictions on VPN usage.
Countries with contentious VPN laws include:
- China – VPNs not approved by the government are banned
- Russia – Has attempted to ban VPNs that don‘t comply with government censorship
- Iran – Only government-approved VPNs are allowed
- Turkey – Has blocked many VPN providers
- United Arab Emirates – Bans VPNs used to commit crimes or fraud
These countries tend to have more repressive governments that seek to control their citizens‘ access to information. In 2020, Hong Kong passed a sweeping security law that gave authorities power to crack down on VPNs used for any "unlawful" activities.[^5] Even where not outright illegal, using a VPN in these countries can be risky and should be approached with caution.
Choosing a Secure VPN Provider
If you do decide a VPN is right for you, not all VPN providers are created equal when it comes to security and privacy. Ironically, many free VPNs can actually make you less safe, as they may lack critical security features or even sell your data to third parties.[^6]
When selecting a paid VPN provider, some key factors to consider include:
- Encryption strength: Look for VPNs that use robust encryption standards like AES-256, which is virtually uncrackable.[^7]
- Logging policy: Opt for "no-log" VPNs that don‘t store any data on your online activities, providing an extra layer of privacy.
- Server network: The more servers in more locations a VPN offers, the better the speeds and more options for spoofing your location.
- Cross-platform support: Ensure the VPN has easy-to-use apps for all your devices, whether Windows, Mac, iOS, Android, or even your router.
- Bonus features: Additional tools like ad blocking, malware scanning, and multi-hop connections are a nice value-add.
Industry-leading providers like ExpressVPN, NordVPN, and ProtonVPN rate consistently high on these critical factors in independent testing.[^8] However, the VPN industry does have a transparency problem, with many bold claims that are hard to independently verify. Initiatives like the VPN Trust Initiative are pushing for clearer standards and external audits to validate logging policies and other practices.[^9]
Why Use a VPN?
So with all this in mind, why are VPNs so popular to begin with? For many, it comes down to wanting more control over their digital privacy at a time of ever-increasing online surveillance and data harvesting.
Your ISP, the websites you visit, the apps you use, and the services you sign up for are likely collecting troves of data on your activity, from your browsing history to your location to the devices you use. According to a U.S. Federal Trade Commission report, ISPs can collect up to 4,700 data points per household per day.[^10] This data is often packaged and sold to advertisers or even handed over to government agencies.
VPNs provide a way to push back against this intrusion and restore some level of privacy. By encrypting your traffic and masking your real IP address, they make it much harder for anyone to track your activity back to you. This can provide not only peace of mind but real protection when accessing sensitive information like financial or medical accounts, especially over public Wi-Fi networks.
VPNs can also help bypass censorship and access information that may be restricted on certain networks or in certain countries. For journalists and activists, VPNs can literally be a lifeline for secure communication.[^11] During the recent protests in Myanmar, VPN usage surged by nearly 7,200% as citizens sought to evade an internet blackout by the ruling military junta.[^12]
The Future of VPNs
As our lives become increasingly digitized, the battle for online privacy is only set to intensify in the coming years. Governments and corporations will likely continue to push for more surveillance powers and data collection, while privacy advocates and security experts will seek to empower individuals with tools like VPNs to protect their digital rights.
On the legal front, we may see more attempts to regulate or restrict VPN usage, whether to crack down on their use for illegal activities or to maintain government control over information flows. China, for example, has proposed requiring VPN providers to obtain government licenses and making it illegal to access "banned" overseas websites even with a VPN.[^13]
At the same time, the rise of remote work and the increasing sophistication of cyber threats will likely drive more demand for VPNs and other security tools. Gartner predicts that by 2025, 40% of organizations will require all remote employees to use a VPN, up from just 5% in 2021.[^14] And as more of our sensitive data moves to the cloud, the stakes for securing that data will only grow higher.
Ultimately, VPNs are just one tool in a larger fight for digital rights and freedoms. By encrypting our data and masking our identities online, they offer a way to carve out a little bit of privacy in an increasingly watched world. While not a panacea, when used legally and as part of a broader security approach, VPNs can be a powerful force for online safety and individual liberty. In the words of Edward Snowden, "Arguing that you don‘t care about privacy because you have nothing to hide is like arguing that you don‘t care about free speech because you have nothing to say."[^15] [^1]: Global Market Insights, Inc. "VPN Market Size By Component, By Type, By Deployment Model, By Application, By End-Use, Industry Analysis Report, Regional Outlook, Growth Potential, Competitive Market Share & Forecast, 2021 – 2027"
[^2]: Electronic Frontier Foundation. "VPNs, Trust, and the Reality of Trustworthy VPNs"
