In the latest escalation of their efforts to push back against opposition to Immigration and Customs Enforcement (ICE), the Department of Homeland Security is issuing hundreds of subpoenas to the largest social media companies, including Google, Meta (Facebook and Instagram), Discord and Reddit, seeking to learn the personal information behind accounts that have either criticized ICE or alerted the general public to the locations of ICE agents, according to reporting conducted by the New York Times.
Under the conditions of anonymity, four government officials and tech employees with privileged access to these DHS subpoena requests spoke to the Times, revealing that Google, Meta, and Reddit have complied with at least some of these government requests for private information.
When pressed for comment by The New York Times, Meta, Reddit, and Discord declined to comment, while a Google spokeswoman offered this statement:
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When we receive a subpoena, our review process is designed to protect user privacy while meeting our legal obligations. We inform users when their accounts have been subpoenaed, unless under legal order not to or in an exceptional circumstance. We review every legal demand and push back against those that are overbroad.
DHS told the Times that the agency had “broad administrative subpoena authority,” but declined to answer questions about these social media requests, while their lawyers have argued that the information is necessary to protect the safety of ICE agents operating in the field. In practice, however, the subpoenas have often been withdrawn before they could be presented to a judge, placing the onus on the accused to seek restitution in court.
This legal battle is just the latest in a larger confrontation between the powers of technology and the long-established rights to privacy and free expression, and understandably, it has drawn the attention of civil liberties advocates. In Minneapolis and Chicago, for example, ICE agents have warned protesters that they would be recorded and identified with facial recognition technology, while border czar Tom Homan has publicly called for a database of people “arrested for interference, impeding, and assault.”
The ACLU has stepped in, offering legal representation for people whose social media accounts have been subpoenaed by the Department of Homeland Security, while Steve Loney, senior supervising attorney for the ACLU of Pennsylvania, issued this warning: “The government is taking more liberties than they used to. It’s a whole other level of frequency and lack of accountability.”
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