Some Tech Companies Have Privately Pushed Back on ICE Subpoenas. They Should All Do More.
In a handful of known cases, large social media companies have privately pushed back against Immigration and Customs Enforcement (ICE) subpoenas when the agency tried to unmask anonymous users who tracked immigration activities or criticized the government. As ICE engages in a pattern of illegal and chilling investigations, any resistance is welcome. But social media companies can do more . When…
Some major technology firms have quietly resisted Immigration and Customs Enforcement (ICE) subpoenas seeking user information, a trend that should be replicated across the industry. While ICE's tactics have been illegal and chilling, these companies can do more. When faced with unlawful requests, they should openly communicate to the public that they will not comply unless a court mandates it. Furthermore, these companies have a duty to challenge these subpoenas in court on behalf of their users.
ICE has issued hundreds of subpoenas to tech giants such as Google, Meta, and Reddit, targeting subscriber data like names, email addresses, IP addresses, and session times. Some of these subpoenas have specifically sought information from individuals involved in protected activities, including documenting law enforcement actions or criticizing the government online. These individuals have a First Amendment right to express their views without fear of government retaliation.
In a few notable instances, users have successfully challenged the subpoenas in court with the help of pro-bono legal counsel from organizations like the ACLU or Civil Liberties Defense Center. However, tech companies have largely remained passive in these proceedings. Private resistance from companies like Meta and Reddit has occurred, albeit behind the scenes.
For example, Meta informed users about a subpoena seeking information on Instagram and Facebook accounts that tracked immigration activity in Pennsylvania. Eventually, the company withdrew the subpoena after realizing it had no basis.
Reddit also documented its pushback in a transparency report, revealing that it received DHS subpoenas targeting 11 users who posted content critical of ICE. The company objected to these legal demands, citing the users' protected First Amendment activity. Law enforcement subsequently withdrew its requests.
To effectively combat ICE's unlawful actions, tech companies have an opportunity to model responsible resistance. Drawing inspiration from Twitter's successful challenge in the first Trump administration, companies can take a stand by filing court challenges on statutory and First Amendment grounds. While ICE has thus far withdrawn its subpoenas in some cases, more comprehensive and proactive resistance is needed.
By publicly challenging unlawful subpoenas, taking users to court, and communicating transparently with the public, these companies can uphold the privacy and rights of their users.
Written by urgent.news from EFF Deeplinks's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
