The Department of Homeland Security has been quietly demanding tech companies turn over user information about critics of the Trump administration, according to reports.
In several cases over recent months, Homeland Security has relied on the use of administrative subpoenas to seek identifiable information about individuals who run anonymous Instagram accounts, which share posts about ICE immigration raids in their local neighborhoods. These subpoenas have also been used to demand information about people who have criticized Trump officials or protested government policies.
Unlike judicial subpoenas, which are authorized by a judge after seeing enough evidence of a crime to authorize a search or seizure of someone’s things, administrative subpoenas are issued by federal agencies, allowing investigators to seek a wealth of information about individuals from tech and phone companies without a judge’s oversight.
While administrative subpoenas cannot be used to obtain the contents of a person’s emails, online searches, or location data, they can demand information specifically about the user, such as what time a user logs in, from where, using which devices, and revealing the email addresses and other identifiable information about who opened an online account. But because administrative subpoenas are not backed by a judge’s authority or a court’s order, it’s largely up to a company whether to give over any data to the requesting government agency.
Administrative subpoenas are not new; the use of these self-signed demands by Trump officials to seek identifiable information about people who are critical of the president’s policies has raised alarm.
Bloomberg reported last week that Homeland Security sought the identity of an anonymous Instagram account called @montocowatch, which says its goal is to share resources to help protect immigrant rights and due process across Montgomery County in Pennsylvania. This comes amid an ongoing federal …