Is the US Government Spying on Your VPN Service?
NN AI / Adobe Stock
Toggle Dark Mode
We often promote the use of VPN (virtual private network) services for Apple devices as a reliable tool to strengthen your online privacy and security. From the safer use of public Wi-Fi and bypassing censorship to online anonymity, the benefits of a VPN are immense. For many Apple users, VPNs offer an added layer of privacy protection and practicality over Apple’s similar security feature, iCloud Private Relay — at least in theory.
Last week, a group of six lawmakers sent a letter to Director of National Intelligence Tulsi Gabbard requesting she confirm to US citizens whether or not their privacy rights are maintained when using VPNs.
…VPNs have the potential to be vulnerable to surveillance by foreign adversaries. While Americans should be warned of these risks, they should also 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 letter comes right as the Government Surveillance Reform Act of 2026 is being debated in the Senate ahead of the April 20 expiration of Section 702, and is particularly interesting for a couple of reasons.
First, the letter is signed by senators Ron Wyden, Alex Padilla, Edward Markey, and Elizabeth Warren, along with representatives Sara Jacobs and Pramila Jayapal. While noting they all represent the Democratic Party, they also hold committee seats which give them access to highly relevant, classified information and have a history of supporting cybersecurity, online privacy for children, and protecting Americans’ online data and civil liberties from intelligence. Have they seen evidence that the federal government has access to the VPN data of US users?
Ron Wyden is a member of the Senate Intelligence Committee. This committee has oversight authority of US intelligence agencies and members have one of the highest levels of access to intelligence in Congress. Alex Padilla is a member of the Committee on the Judiciary and its Subcommittee on Criminal Justice and Counterterrorism as well as the Subcommittee on Privacy, Technology and the Law. Sara Jacobs serves as a member of the House Armed Services Committee and its Subcommittee on Intelligence and Special Operations. Jacobs and Pramila Jayapal are both members of the House Foreign Affairs Committee.
Secondly, the letter seeks clarification on how intelligence agencies operate under Section 702 of the Foreign Intelligence Surveillance Act (FISA 702), which allows intelligence agencies to collect communications of non-US persons located outside of the US without a warrant. FISA 702 also requires intelligence agencies to “seek to determine the non-U.S. person status and location of its targets.” According to the letter, in practice, the “federal government has taken the position that communications whose source remains unknown are treated as foreign, and thus subject to few privacy protections.”
A single VPN server will typically be used by hundreds if not thousands of users concurrently from countries around the globe, and their internet traffic will be commingled.
Given VPNs undoubtedly group the traffic of Americans with others from around the globe, the letter urges Gabbard for transparency with the American public as to whether or not their VPN traffic is under surveillance — and if so, what steps they can take to mitigate the risk. If you’re a VPN user, you’ll definitely want some assurances that the service you pay for is actually protected from warrantless surveillance. Stay tuned.
