Wyden, Padilla, Markey, Warren, Jacobs, and Jayapal Ask DNI Gabbard to Warn Americans That Using VPNs May Cause Them to Forfeit their Rights Against Warrantless Surveillance

Wyden, Padilla, Markey, Warren, Jacobs, and Jayapal Ask DNI Gabbard to Warn Americans That Using VPNs May Cause Them to Forfeit their Rights Against Warrantless Surveillance

Washington, D.C. - U.S. Senator Ron Wyden, D-Ore., with Sen. Alex Padilla, D-Calif., Sen. Ed. Markey, D-Mass., Sen. Elizabeth Warren, D-Mass., Rep. Sara Jacobs, D-Calif., and Rep. Pramila Jayapal, D-Wash., asked Director of National Intelligence Tulsi Gabbard to warn the American public that using commercial Virtual Private Networks (VPNs), may impact their Constitutional rights against warrantless government surveillance.

The members wrote to DNI Gabbard ahead of debate over renewing Section 702 of the Foreign Intelligence Surveillance Act (FISA), which authorizes expansive surveillance powers for communications believed to be overseas.

Although VPNs are often recommended by Federal agencies and advertised as a way to protect a user's privacy, using a VPN may seriously impact an American's rights, the members wrote. The U.S. government's rules for surveillance under Section 702 of FISA and under Executive Order 12333 specify that when the country a user is in is unknown, the government may assume that user is a foreigner. Because foreigners outside of the United States don't have Fourth Amendment rights, VPNs that hide the country in which a user is located could impact an American's privacy rights.

"[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 U.S. government surveillance," the members wrote. "To that end, we urge you to be more transparent with the American public about whether the use of VPNs can impact their privacy with regard to U.S. government surveillance, and clarify what, if anything, American consumers can do to ensure they receive the privacy protections they are entitled to under the law and Constitution."

Read the full letter to DNI Gabbard here.

###