Criticize the government online? The Department of Homeland Security (DHS) might ask Google to cough up your name. By abusing an investigative tool called "administrative subpoenas," DHS has been demanding tech companies reveal users' names, locations—even their
bank and credit card numbers. Now, EFF is
calling on these companies to stand up for their users.
As part of the federal government’s unprecedented campaign to target critics of its conduct and policies, DHS has issued subpoenas to tech companies to unmask or locate people who have documented ICE's activities in their community, criticized the government, or attended protests. In one particularly shocking case, DHS sent Google a subpoena demanding information about a 67-year-old retiree who criticized the agency’s policies. The retiree had sent an email asking the agency to use common sense and decency in a high-profile asylum case.
These subpoenas are unlawful, and the government knows it. When a handful of users challenged a few of them in court with the help of ACLU affiliates in Northern California and Pennsylvania, DHS withdrew them rather than waiting for a decision. Unfortunately, it's difficult for the average user to fight back on their own. That's why EFF, joined by the ACLU of Northern California, recently sent letters to Amazon, Apple, Discord, Google, Meta, Microsoft, Reddit, SNAP, TikTok, and X asking them to protect their users from lawless DS subpoenas.
Unlike a search warrant, an administrative subpoena is not approved by a judge. If a technology company refuses to comply, an agency’s only recourse is to drop it or go to court and try to convince a judge that the request is lawful. That is what we are asking companies to do—simply require court intervention and not obey in advance.
We also asked the companies to resist gag orders that would prevent companies from notifying their users that they are a target of a subpoena. And, importantly, we asked them to give users as much notice as possible when they are the target of a subpoena, so the user can seek help. While many companies have already made this promise, there are high-profile examples of it not happening—ultimately stripping users of their day in court.
"Your promises to protect the privacy of users are being tested right now," EFF and the ACLU of Northern California told the tech companies. "These steps are not only the right thing to do, they are in line with the existing promises you have made to defend user privacy."
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