Open Letter to Tech Companies: Protect Your Users From Lawless DHS Subpoenas
Summary
The ACLU and advocates urge tech giants like Meta and Google to resist unlawful DHS subpoenas targeting users' First Amendment activities. They call for court intervention before compliance and better user notification to protect civil liberties.
Key Insights
What is a DHS administrative subpoena and how does it differ from a regular court subpoena?
A DHS administrative subpoena is a demand issued by the Department of Homeland Security under statutes like 8 U.S.C. § 1225(d) for user data from tech companies, without requiring judicial approval or a judge's signature, unlike regular court subpoenas which are issued or enforced by courts. These are not self-enforcing and target protected speech activities, often without user notification unless the company chooses to inform them.
Are tech companies required to notify users about DHS subpoenas for their data?
No, tech companies are not legally required to notify users of DHS administrative subpoenas, though companies like Google, Meta, Microsoft, Amazon, Apple, and Snap often do so unless prohibited by law or in exceptional cases; this lack of mandatory notice can prevent users from challenging the subpoenas in court.