DHS is using the power of the subpoena to try and uncover the identity of activists on social media who have tried to expose ICE agents or their operations.
In fact, they’ve subpoenaed the big social media companies a lot in the last six months and they’ve had some success in getting the information.
Here’s more from the New York Times:
In recent months, Google, Reddit, Discord and Meta, which owns Facebook and Instagram, have received hundreds of administrative subpoenas from the Department of Homeland Security, according to four government officials and tech employees privy to the requests. They spoke on the condition of anonymity because they were not authorized to speak publicly.
Google, Meta and Reddit complied with some of the requests, the government officials said. In the subpoenas, the department asked the companies for identifying details of accounts that do not have a real person’s name attached and that have criticized ICE or pointed to the locations of ICE agents. The New York Times saw two subpoenas that were sent to Meta over the last six months.
The tech companies, which can choose whether or not to provide the information, have said they review government requests before complying. Some of the companies notified the people whom the government had requested data on and gave them 10 to 14 days to fight the subpoena in court.
Meta, Reddit and Discord declined to comment.
“When we receive a subpoena, our review process is designed to protect user privacy while meeting our legal obligations,” a Google spokeswoman said in a statement. “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.”
In September, for example, it sent Meta administrative subpoenas to identify the people behind Instagram accounts that posted about ICE raids in California, according to the A.C.L.U. The subpoenas were challenged in court, and the Department of Homeland Security withdrew the requests for information before a judge could rule.
The Department of Homeland Security also sought more information on the Facebook and Instagram accounts dedicated to tracking ICE activity in Montgomery County, Pa., outside Philadelphia. The accounts, called Montco Community Watch, began posting in Spanish and English about ICE sightings in June and, over the next six months, solicited tips from their roughly 10,000 followers to alert people to the locations of agents on specific streets or in front of local landmarks.
On Sept. 11, the Department of Homeland Security sent Meta a request for the name, email address, post code and other identifying information of the person or people behind the accounts. Meta informed the two Instagram and Facebook accounts of the request on Oct. 3.
“We have received legal process from law enforcement seeking information about your Facebook account,” the notification said, according to court records. “If we do not receive a copy of documentation that you have filed in court challenging this legal process within ten (10) days, we will respond to the requesting agency with information.”
The account owner alerted the A.C.L.U., which filed a motion on Oct. 16 to quash the government’s request. In a hearing on Jan. 14 in U.S. District Court for the Northern District of California, the A.C.L.U. argued that the government was using administrative subpoenas to target people whose speech it did not agree with.
Sarah Balkissoon, a Department of Justice lawyer representing the government, said the Department of Homeland Security’s position was that it was “within their power to investigate threats to its own officers or impediments to their officers,” according to a court transcript viewed by The Times.
Two days later, the subpoena was withdrawn.
The Montco Community Watch accounts continue to post almost every day. The Times emailed a request for comment to the address associated with the accounts but did not receive a reply.