Americans have long regarded VPNs as a reliable tool for protecting their online privacy. But using a VPN may actually strip you of constitutional protections against government surveillance - that's the alarming conclusion reached by a group of US lawmakers who sent a formal letter to the Director of National Intelligence.
What Is FISA Section 702?
Section 702 of the Foreign Intelligence Surveillance Act allows US intelligence agencies - the NSA, CIA and FBI - to collect communications of non-US persons located abroad without a warrant. In force since 2008, it is considered one of the most powerful tools in the US intelligence arsenal.
The core problem: during bulk data collection, the communications of American citizens can also be swept up - whenever they communicate with foreign targets. These "incidental collections" have been extensively documented by government oversight bodies. The law expires on April 19, 2026, and Congress must decide whether to renew it as-is or reform it.
The VPN Paradox: A Privacy Tool That Removes Privacy
On March 27, 2026, a bipartisan group of Democratic lawmakers sent a letter to Director of National Intelligence Tulsi Gabbard. Senators Ron Wyden, Alex Padilla, Ed Markey and Elizabeth Warren, along with Representatives Sara Jacobs and Pramila Jayapal, raised an alarming question about the legal status of VPN users.
VPNs mask a user's IP address, hiding their actual location. Under US surveillance law, users with an unknown location may automatically be treated as foreigners - meaning the stronger legal protections that apply to US citizens may not apply to them.
The letter states plainly: "Americans should be told if these VPN services, which are advertised as a privacy protection - including by elements of the federal government - could, in fact, negatively impact their rights against US government surveillance."
Congressional Split and Trump's Position
Donald Trump has backed an 18-month clean extension of the law, writing on Truth Social: "It is extremely important to our military - they consider it vital." But the Congressional Progressive Caucus - 98 House members, nearly a quarter of the chamber - came out against a clean reauthorization.
CPC Chair Greg Casar said: "While Trump and Miller show unprecedented disregard for Americans' constitutional rights, the last thing we should do is hand them massive surveillance powers they will abuse." The fate of the law hinges on a vote before April 20.
What This Means for VPN Users
If you are a US citizen or resident using a VPN, here is what you need to understand:
- Your IP address may point to a foreign server, causing intelligence agencies to treat you as a foreigner
- Your data could end up in NSA, CIA or FBI databases without judicial oversight
- Queries against those databases currently require no warrant
- A 2024 amendment to require warrants for searches involving Americans' data failed on a 212-212 tie
The outcome of the congressional vote before April 20 will determine whether this legal gap is closed - or remains an open vulnerability for millions of VPN users worldwide.
• Lawmakers Question VPN Impact on Americans' FISA Surveillance Protections - Nextgov/FCW
• Wyden Urges Senators to Reject Handing Donald Trump Unchecked Surveillance Authority - Sen. Ron Wyden
• Our Privacy Cannot Afford a Clean Extension of Section 702 - EFF
• FISA Section 702 and the 2024 Reforming Intelligence and Securing America Act - Congress.gov
