3d illustration of VPN security software

Are Virtual Private Networks (VPNs) Legal?

By Nancy Driver
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Yes…and no. Thank you for reading this article, and have a good day! 

Okay, it’s not quite that simple. In the United States and most western democracies, VPNs are perfectly legal. Not only are they legal, but the market in VPN services is thriving in these countries. For example, if you’ve watched a YouTube video recently, you’ve probably seen one of your favorite creators plugging VPNs in a paid sponsorship. In fact, you’ve also probably noticed that regardless of the type of content you’re watching, whether it’s a gaming video, cooking channel, or video essay on Chinese cinema from the late 90s, you can find a creator promoting VPNs. Why? Because VPN companies typically have a big marketing budget and want to get their product in front of lots of people. And, of course, VPNs are helpful to everyone, no matter what you do online. 

So, if VPNs are innocuous and have broad appeal, why do they still make some people feel a little nervous? Why do people often think they’re illegal? And why are VPNs illegal in some more authoritarian countries? Let’s get into it. 

Why Use a VPN At All?

Before we can dive into the nuances of VPN legality, let’s remind ourselves of why people use VPNs in the first place. What’s their purpose? Are they just for people who want to watch Netflix content in different countries? Or people who like to get up to shady things online?

VPNs give you privacy and anonymity online by masking your internet protocol (IP) address. It does this by creating a data tunnel between your local network and an exit node in a different location, often thousands of miles away. This process makes it look like you’re browsing from another place, and your online actions become virtually untraceable. Crucially, VPNs also establish secure and encrypted connections on a much greater level than even a secured WiFi hotspot, thereby protecting your data from nefarious hackers. 

VPNs were seen as a much more techie product in the past – something only computer geeks used. However, today, the widespread benefits of VPNs are much more well known, and even light internet users and technophobes use them. With this in mind, here are some of the reasons to use a VPN:

  • Safety on public WiFi – While public WiFi is a helpful and convenient element of modern life, it comes with a cost. If you browse the internet or answer emails at a local coffee shop, someone could be tracking your activity and even steal your passwords and banking information. 
  • Protecting your data from your IPS – Your internet service provider (ISP) can see everything you do online. They know which websites you frequent and for how long. If you’re thinking, “well, I don’t get up to anything morally questionable, I just like cute videos of dogs,” then this point still applies. You IPS can collect your data and sell it to advertisers, and suddenly, you’re getting ads for Halloween dog costumes, dog beds, and so on. 
  • Privacy from apps – Many apps also collect your data and sell it to advertisers. 
  • Access content from any country – Due to licensing agreements, some content on platforms like Netflix and Amazon Prime is locked to specific regions. Unfortunately, some countries end up with a much more extensive catalog of content than others, which hardly seems fair when subscribers in some countries often pay a pricer monthly fee. Additionally, some services, like Hulu or BBC iPlayer, are only available to people in one or a few countries. But with a VPN, you can pretend you’re in any country you want and unlock all that extra content. 

Are VPNs Legal in the US?

Yes, VPNs are entirely legal in the US. We won’t cover old ground here, but essentially, if you currently reside in the US, you’re free to use a VPN to secure your online activity, and the government won’t stand in your way. VPNs are a thriving market in the US, with even large reputable companies like Google offering VPN services. Of course, while VPNs are legal, VPNs don’t make illegal actions legal, so make sure to stay within the law. 

Are VPNs Legal in China?

“Are VPNs legal in China?” is one of the most common questions asked about VPNs. Why? Because China censors the internet within the country using the “Great Firewall of China,” blocking popular sites like Facebook, Twitter, Google, Gmail, and others. Travelers to China often want to browse these sites while away, and a VPN is a natural solution to this problem. However, many people are nervous about using a VPN in a country so committed to squashing privacy and censoring anything they see fit. But where would you stand legally? Could you post that photo of you on the wall of China to Instagram without ruffling any feathers?

There’s no yes or no answer to whether VPNs are legal in China. However, there is a lengthier, more complex answer that can help you decide what the best course of action is if you’re ever tempted to use a VPN within the country. 

As of the time of writing, China has no laws barring private individuals from using VPNs, and no one has yet been charged for simply using a VPN. 

That being said, finding a VPN isn’t within China isn’t an easy process. VPN provider websites are among the long list of other websites blocked within the country. Put another way, don’t count on finding a VPN once you get to China. Back in 2017, all major VPN apps were also purged from the Apple App Store in China. And if you were thinking of going down the Android route, that may prove tricky too – the Google Play Store is banned in mainland China. 

However, with how restricted VPNs are in China, you’d be forgiven thinking they were a mysterious and rare technology to the average Chinese citizen. This simply isn’t true. Reportedly, more than 30% of internet users within China use a VPN. Additionally, VPNs are commonly used by the state and corporations to access international websites, although technically, a license is required to do this. 

Why Would You Want to Use a VPN in China? And Should You?

We can’t give you a firm answer on whether you should use a VPN in China or not, but we can help you come to your own conclusion. You might want to use a VPN to access entertainment or social media sites like YouTube, Facebook, Reddit, or Instagram. You might also want to watch Netflix, which, while it isn’t technically banned, was never launched in the country, so it has no library of content. And of course, you might want to do some work, admin, or keeping up to date with current events, which also prove difficult without a VPN. Gmail and Zoom are banned, and your local news website might also be prohibited. 

So, those are the reasons you might want to use a VPN, but is it worth it? Well, the risk is fairly low – no foreigners have been prosecuted for using a VPN within the country, and the state seems relatively tolerant (although publically disapproving) of the population using VPNs. All we can say is this: if you want to use a VPN in China, get it installed before you fly. 

Other Countries Where VPNs are Illegal or Restricted

Country Reason
North Korea
(Illegal)
North Korea has one of the most authoritarian governments in existence, and along with legally enforced reverence for the country’s leader, VPNs are banned. Unlike in China, the populace are unlikely to be using VPNs here, where the internet and phone services are not commonly available.
Iraq
(Restricted)
During the conflict with ISIS, Iraq chose to ban parts of the internet, including VPN services, as a defense strategy. The censorship and internet user tracking isn’t as developed in Iraq as it is in Russia or China, but the authorities are still capable of finding and punishing VPN users.
Belarus
(Restricted)
Any technology that can be used to anonymize your online activity is illegal in Belarus. This includes VPNs and the Tor browser.
UAE
(Restricted)
While not illegal, the UAE does have a lot to say on VPNs within their laws. It’s a little complex, but essentially, using a VPN to commit a crime comes with extra penalties. While using a VPN for legitimate purposes isn’t a crime, the government seems to think that there are no legitimate reasons to use a VPN. Punishment for using a VPN in a way the state deems illegitimate is temporary imprisonment or a fine
Russia
(Illegal)
In 2017, Russia passed a law banning the use of VPNs to access banned content. Much like China, the list of banned content within the country is fairly extensive. The law does not specifically ban the use of VPNs entirely, but Russia has also begun blocking the URLs of VPN providers, making it clear they don’t approve of VPNs for any reason.
Turkmenistan
(Illegal)
All media, including the internet, is tightly controlled in Turkmenistan, and VPNs are banned as a result. An alarming story came out in August 2021, reporting that some internet users were being instructed by authorities to swear on the Koran that they will never use a VPN if they are approved for internet access in their homes.
Uganda
(Restricted)
Perhaps the strangest one on the list, Uganda bans VPNs for an entirely different reason from most other countries. In 2018, the country started to tax people who wanted to use social media sites within the country. While the tax isn’t steep (about $0.05), clearly it’s something people would rather not pay. To avoid paying, many people started using a VPN. In response, Uganda began instructing ISPs to block VPN users.
Turkey
(Restricted)
Turkey also has a tightly controlled internet, and especially when it comes to social media sites. Facebook, YouTube, Twitter, Wikipedia, and other websites are all inaccessible. In 2018, Turkey blocked all VPN websites within the country.
Oman
(Restricted)
While VPNs aren’t technically illegal in Oman, the law states that you need explicit permission from the government to access any encrypted area of the internet. VPNs would fall firmly into this category.

What’s the Verdict?

If you live in the US or a western democracy like Australia or most of Europe, using VPNs is perfectly legal and not something you need to worry about. In fact, you should be using a VPN if you’re not already. They keep your data safe and protect it from the prying eyes of overly nosy ISPs and apps. However, if you live or plan to visit one of the countries where VPNs are illegal or restricted, familiarize yourself with the country’s laws, so you don’t land in any hot water.