DHS is using obscure law to snoop on journalists, non-profits, unions

The Trump administration is using an obscure legal maneuver to obtain private information on journalists, non-profits, and unions, despite previous judges rejecting the same tactic. In one instance, federal prosecutors sought six months of telephone records for journalist Georgia Fort, who was not notified or given a chance to contest the government's request.

The government also sought account information for YouTube channels of journalists Don Lemon and Georgia Fort, both of whom have pleaded not guilty to criminal charges related to a protest they were covering. A judge rejected the request twice, stating that the government had failed to establish probable cause and that Lemon and Fort should be informed so they could challenge it.

However, the government served Google an administrative summons utilizing an arcane provision of federal law, citing customs imports. The provision gives the DHS broad power to inspect records to determine if duties and taxes are being correctly levied on imported items. The DHS refused to comment on the use of the summons, but the episode was seen as a way to bypass judicial oversight.