BBS:      TELESC.NET.BR
Assunto:  Are American VPN users at
De:       Mike Powell
Data:     Sun, 29 Mar 2026 09:00:25 -0500
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Are American VPN users at risk of 'warrantless' government surveillance?
Lawmakers now demand answers

Date:
Fri, 27 Mar 2026 16:59:36 +0000

Description:
Six Democrats sent a letter to the Director of National Intelligence seeking
clarity on whether using a commercial VPN could strip citizens of their
privacy rights by exposing them to foreign surveillance laws.

FULL STORY
Six Democratic lawmakers seek clarity on whether using a VPN can strip citizens
of their privacy rights
Intelligence agencies operate under a default presumption that unknown traffic
is foreign, they warn
The FBI and NSA have historically recommended using a VPN for privacy

Millions of Americans rely
on VPN to secure their data on public Wi-Fi or to bypass
geo-restrictions. However, a new congressional inquiry suggests that this
widely adopted privacy tool could inadvertently be making some users a target
for US intelligence agencies. 

Six Democratic lawmakers have officially pressed Director of National
Intelligence Tulsi Gabbard for answers. The core concern is whether Americans
using commercial VPNs are being misclassified as foreigners under US
surveillance law, potentially stripping them of their constitutional rights.
The irony is not lost on the lawmakers. Several federal agencies, including
the FBI, the NSA, and the Federal Trade Commission, have historically
recommended that consumers use VPNs to protect their online privacy.

Yet, the open letter argues that by obscuring a user's true location, these
services might lead intelligence agencies, which presume that communications
of unknown origin are foreign, to inadvertently waive the privacy protections
that American citizens are legally entitled to.

Why VPN traffic could be a target -- The issue stems from how US intelligence
agencies conduct surveillance under some controversial programs, such as 
those authorized by Section 702 of the Foreign Intelligence Surveillance Act
(FISA) and Executive Order 12333 . These are designed to intercept
communications belonging to foreign targets, but they often sweep up massive
amounts of data from Americans in the process. 

Because a virtual private network (VPN) routes traffic through VPN servers
that can be located anywhere in the world, the data of thousands of users 
from different countries is often comingled. To an intelligence agency
performing bulk collection, an American routing their traffic through a 
server in Europe may appear identical to a foreign citizen. 

The letter explicitly references declassified guidelines stating that, under
NSA procedures, a person whose location is unknown is "presumed to be a 
non-US person unless there is specific information to the contrary." 

Because the VPN hides the user's actual location, this default assumption of
being "foreign" could theoretically pull American traffic into the dragnet of
warrantless surveillance. 

The lawmakers do not assert that such surveillance is definitely happening, 
as specific details regarding these operations remain classified. Instead,
they are demanding that the Director of National Intelligence "publicly
disclose whether Americans who use commercial VPN services risk being treated
as foreigners under United States surveillance law." 

One of the signatories, Senator Ron Wyden, who serves on the Senate
Intelligence Committee, has long used his position to draw attention to
potential surveillance overreach.

As the debate over the renewal of Section 702 continues in Congress, this
inquiry adds a significant new dimension to the privacy conversation,
challenging the government to reconcile its own contradictory advice 
regarding digital security. The VPN industry reaction Christine Bannan, 
Senior Public Policy Manager (U.S), Proton, the provider behind Proton VPN ,
told TechRadar that "this ambiguity about how American VPN users will be
treated under FISA 702 underlines the abuse of mass surveillance systems to
spy on law-abiding people." 

"Proton supports reforms that would protect the privacy rights of everyone,
regardless of nationality," she added. 

Gytis Malinauskas, Head of Legal at Surfshark , also told TechRadar that,
while the company cannot comment on specific government surveillance laws or
reforms, it "firmly believes that using a tool essential to cybersecurity
should never result in diminished protection." 

"Our top priority is protecting users' digital security," said Malinauskas.
"When someone uses our VPN, their internet traffic is encrypted without
exception in any countries we operate."

Link to news story:
https://www.techradar.com/vpn/vpn-privacy-security/are-american-vpn-users-at-r
isk-of-warrantless-government-surveillance-lawmakers-now-demand-answers

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