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Democrats Press Gabbard on Whether VPNs Expose Americans to NSA Spying

The lawmakers say declassified rules could let Americans’ VPN traffic be treated as foreign, raising questions about warrantless surveillance of millions of users.

  • On Thursday, six Democratic lawmakers sent a letter to Director of National Intelligence Tulsi Gabbard asking whether Americans using Virtual Private Networks are being misclassified as foreigners under United States surveillance law.
  • Intelligence agencies operate under a 'foreignness presumption' where traffic from unknown locations is treated as non-US, pulling domestic data into surveillance programs like Section 702 of the Foreign Intelligence Surveillance Act and the National Security Agency .
  • VPNs obscure user locations by routing traffic through global servers, making an American connected to a foreign server appear indistinguishable from a foreign target to bulk collection systems used by the NSA.
  • This inquiry adds urgency to Section 702's renewal next month, which lawmakers argue requires significant reforms to clarify how privacy rights apply to modern digital tools.
  • Executive Order 12333, a Reagan-era directive authorizing broader surveillance without court oversight, presents similar risks and highlights the ongoing tension between national security and constitutional privacy protections.
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Wired broke the news in United States on Thursday, March 26, 2026.
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