DHS Subpoenas Tech Giants to Unmask Anonymous ICE Critics

Hundreds of Subpoenas Without Judicial Oversight

The Department of Homeland Security has sent hundreds of administrative subpoenas to major technology companies including Google, Meta, Reddit, and Discord, demanding they hand over names, email addresses, and phone numbers tied to anonymous social media accounts critical of Immigration and Customs Enforcement. Four whistleblowers have revealed the extent of the pressure campaign, which civil liberties organizations warn represents an unprecedented government effort to strip anonymity from Americans exercising their First Amendment rights.

Unlike judicial subpoenas, which require a judge to review evidence of potential criminal activity, administrative subpoenas are issued directly by federal agencies without court oversight. Because no judicial authority backs them, compliance is largely voluntary on the part of the receiving company. However, the power imbalance between federal agencies and individual users has raised alarms about how effectively that distinction protects ordinary citizens.

Real-World Impact on Americans

The subpoenas have targeted a range of individuals. Operators of Montco Community Watch, a social media account tracking ICE activity in Montgomery County, Pennsylvania, received notification from Meta last October that DHS wanted to identify them. The ACLU, representing the account owner, argued there was no evidence of wrongdoing and that recording police activity, sharing those recordings, and doing so anonymously are all protected under the First Amendment. DHS withdrew the subpoena without explanation.

In another case, a retired American who emailed a DHS attorney urging mercy for an asylum seeker had his Google account subpoenaed and investigators sent to his home. Google fulfilled one subpoena the same day it notified the affected user. Meta told users that if the company did not receive documentation that they were fighting the subpoena in court within 10 days, it would hand over the requested information.

Legal Challenges Mounting

The Foundation for Individual Rights and Expression (FIRE) has filed a lawsuit accusing Attorney General Bondi and DHS Secretary Noem of coercing platforms to remove ICE-related content. The Electronic Frontier Foundation has issued an open letter calling on technology companies to resist what it describes as "lawless" administrative subpoenas, noting that DHS has withdrawn subpoenas rather than defend them whenever users have challenged them in court with help from ACLU affiliates.

What Happens Next

Oral arguments in the FIRE and ACLU lawsuits are scheduled for March, with rulings expected by late spring. The outcomes could set significant precedent for whether federal agencies can use administrative subpoenas to identify anonymous speakers criticizing government operations, a question with implications extending far beyond immigration enforcement to the broader relationship between government power and online speech.

This article is based on reporting by Mashable. Read the original article.

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