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DHS Uses 1930s Customs Law to Target Tech Data

Ars Technica •
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U.S. Customs and Border Protection used a 1930s‑era customs law to pressure Google for data on Canadians, sparking backlash from tech firms and civil‑rights groups. The agency’s move follows a pattern of administrative subpoenas that have targeted Google, Reddit, Discord and Meta in the past six months, according to a New York Times report in recent weeks.

In March, a group of congressmen demanded data from tech leaders on subpoenas received and how they were handled. The Electronic Frontier Foundation sued DHS and ICE in April to force disclosure of subpoena counts. Civil‑liberties advocates worry the agency’s tactics undermine legitimate investigations and erode trust in data privacy for user rights today.

The pattern dates back to 2016, when DHS issued over 170,000 customs summons, most aimed at tech giants. In 2017, Twitter sued DHS over a summons that sought the identity behind an account critical of Trump’s immigration policies, a case that ended when DHS withdrew the request and Twitter dropped the suit in late 2022.

DHS’s misuse of the 1930s law threatens to erode public confidence in law‑enforcement transparency. Critics argue that abusing authority for political ends weakens legitimate investigations. The EFF’s lawsuit seeks to expose the agency’s subpoena volume and push for clearer accountability, pressing the tech sector to protect user data while respecting lawful requests for every user.