Realistically, what would need to happen for it to not be the case? How many millions or billions of people would have to use it before the government would give up and stop looking at you if you use it?
In order for that to happen you first need to convince people to either accept the hit in connection speed (which is terrible over TOR) or you need to significantly increase the amount of nodes on the network, the latter of which isn't going to happen because of the legal risks, which act as a chilling effect.
