{"id":96802,"date":"2026-02-21T02:42:04","date_gmt":"2026-02-21T05:42:04","guid":{"rendered":"https:\/\/tech.einnews.com\/article\/894286348"},"modified":"2026-02-21T02:42:04","modified_gmt":"2026-02-21T05:42:04","slug":"open-letter-to-tech-companies-protect-your-users-from-lawless-dhs-subpoenas","status":"publish","type":"post","link":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/2026\/02\/21\/open-letter-to-tech-companies-protect-your-users-from-lawless-dhs-subpoenas\/","title":{"rendered":"Open Letter To Tech Companies: Protect Your Users From Lawless DHS Subpoenas"},"content":{"rendered":"
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from the take-a-stand<\/i> dept<\/h3>\n

We are calling on technology companies like Meta and Google to stand up for their users by resisting the Department of Homeland Security\u2019s (DHS) lawless administrative subpoenas for user data. <\/p>\n

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\u2019s activities in their community, criticized the government, or attended protests.   <\/p>\n

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<\/a> ACLU affiliates in Northern California and Pennsylvania, DHS withdrew<\/a> them rather than waiting for a decision. <\/p>\n

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\u2019s notice, and non-profits and pro-bono attorneys have already been stretched to near capacity during the Trump administration.  <\/p>\n

 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: <\/p>\n

    \n
  1.  Insist on court intervention and an order before complying with a DHS subpoena, because the agency has already proved that its legal process is often unlawful and unconstitutional;  <\/li>\n
  2. 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<\/a>, there are high-profile<\/a> examples<\/a> of it not happening\u2014ultimately stripping users of their day in court;  <\/li>\n
  3. Resist gag orders that would prevent companies from notifying their users that they are a target of a subpoena. <\/li>\n<\/ol>\n

     We sent the letter to Amazon, Apple, Discord, Google, Meta, Microsoft, Reddit, SNAP, TikTok, and X.  <\/p>\n

    Recipients are not legally compelled to comply with administrative subpoenas absent a court order <\/h3>\n

     An administrative subpoena is an investigative tool available to federal agencies like DHS. Many times, these are sent to technology companies to obtain user data. A subpoena cannot be used to obtain the content of communications, but they have been used to try and obtain some basic subscriber information like name, address, IP address, length of service, and session times.  <\/p>\n

    Unlike a search warrant, an administrative subpoena is not approved by a judge. If a technology company refuses to comply, an agency\u2019s 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\u2014simply require court intervention and not obey in advance. <\/p>\n

    It is unclear how many administrative subpoenas DHS has issued in the past year. Subpoenas can come from many places\u2014including civil courts, grand juries, criminal trials, and administrative agencies like DHS. Altogether, Google<\/a> received 28,622 and Meta<\/a> received 14,520 subpoenas in the first half of 2025, according to their transparency reports. The numbers are not broken out by type.   <\/p>\n

    DHS is abusing its authority to issue subpoenas <\/h3>\n

    In the past year, DHS has used these subpoenas to target protected speech. The following are just a few of the known examples. <\/p>\n

    On April 1, 2025, DHS sent a subpoena to Google<\/a> in an attempt to locate a Cornell PhD student in the United States on a student visa. The student was likely targeted<\/a> because of his brief attendance at a protest the year before. Google complied with the subpoena<\/a> without giving the student an opportunity to challenge it. While Google promises<\/a> to give users prior notice, it sometimes breaks that promise to avoid delay. This must stop.   <\/p>\n

    In September 2025, DHS sent a subpoena and summons to Meta to try to unmask anonymous users behind Instagram accounts that tracked ICE activity in communities in California<\/a> and Pennsylvania<\/a>. The users\u2014with the help of the ACLU and its state affiliates\u2014 challenged the subpoenas in court, and DHS withdrew the subpoenas before a court could make a ruling. In the Pennsylvania case, DHS tried to use legal authority that its own inspector general had already criticized<\/a> in a lengthy report.  <\/p>\n

    In October 2025, DHS sent Google a subpoena<\/a> demanding information about a retiree who criticized the agency\u2019s policies. The retiree had sent an email asking the agency to use common sense and decency in a high-profile asylum case. In a shocking turn, federal agents later appeared on that person\u2019s doorstep. The ACLU is currently challenging the subpoena.  <\/p>\n

    Read the full letter here<\/a><\/p>\n

    Originally posted to the EFF\u2019s Deeplinks blog<\/a>.<\/em><\/p>\n

    Filed Under: 4th amendment<\/a>, administrative subpoenas<\/a>, dhs<\/a>, due process<\/a>, privacy<\/a>
    Companies:     amazon<\/a>, apple<\/a>, discord<\/a>, google<\/a>, meta<\/a>, microsoft<\/a>, reddit<\/a>, snap<\/a>, tiktok<\/a>, x<\/a>\n<\/p>\n<\/p><\/div>\n

    <\/a><\/strong> <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    … dept We are calling on technology<\/span> companies like Meta and … agency has issued subpoenas to technology<\/span> companies to unmask or locate … California, have asked several large tech<\/span> platforms to do more to … , these are sent to technology<\/span> companies to obtain user data …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-96802","post","type-post","status-publish","format-standard","hentry","category-news","wpcat-1-id"],"_links":{"self":[{"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/posts\/96802","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/comments?post=96802"}],"version-history":[{"count":0,"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/posts\/96802\/revisions"}],"wp:attachment":[{"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/media?parent=96802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/categories?post=96802"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new7.shop\/zerocostfreehost\/index.php\/wp-json\/wp\/v2\/tags?post=96802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}