"In the past year, DHS has consistently targeted people engaged in First Amendment activity. Among other things, the agency has issued subpoenas to technology companies to unmask or locate people who have documented ICE's activities in their community, criticized the government, or attended protests. These subpoenas are unlawful, and the government knowns 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 them rather than waiting for a decision."
"But it is difficult for the average user to fight back on their own. Quashing a subpoena is a fast-moving process that requires lawyers and resources. Not everyone can afford a lawyer on a moment's notice, and non-profits and pro-bono attorneys have already been stretched to near capacity during the Trump administration. That is why we, joined by the ACLU of Northern California, have asked several large tech platforms to do more to protect their users, including:"
DHS has issued administrative subpoenas targeting individuals exercising First Amendment rights, including people who documented ICE activities, criticized the government, or attended protests. The subpoenas are unlawful, and when a handful of users challenged some in court with help from ACLU affiliates, DHS acted rather than waiting for a decision. Most users cannot mount immediate legal challenges because quashing subpoenas requires lawyers and resources, while non-profits and pro-bono attorneys are stretched thin. Tech platforms were asked to protect users by insisting on court orders before complying, notifying users when targeted, and resisting gag orders. Letters were sent to major platforms including Amazon, Apple, Google, Meta, Microsoft, TikTok, and X.
Read at Electronic Frontier Foundation
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