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DHS Sought Google Data on Canadian Critic, Prompting ACLU Lawsuit

PoliticsSociety6d ago
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A newer version of this story is available at Canadian Citizen Sues DHS and Google Over Surveillance Attempt.

The Department of Homeland Security (DHS) attempted to obtain location and identifying information from Google about a Canadian man who criticized the Trump administration online. The man, who has not entered the U.S. in over a decade, is now represented by the ACLU in a lawsuit alleging DHS overstepped its legal authority. The case centers on the agency's use of customs law to request records from businesses.

Facts First

  • The Department of Homeland Security (DHS) sought location and activity data from Google regarding a Canadian man.
  • The man had criticized the Trump administration online after federal immigration agents killed two people in Minneapolis.
  • The Canadian man has not entered the United States for more than a decade.
  • The American Civil Liberties Union (ACLU) is representing the man in a lawsuit against DHS Secretary Markwayne Mullin.
  • The lawsuit alleges DHS violated customs law governing its power to request records from businesses.

What Happened

The Department of Homeland Security (DHS) issued a summons to Google to obtain location information, activity logs, and other identifying data about a Canadian man who posted online criticism of the Trump administration. The man has not entered the United States in over a decade. Michael Perloff, a senior staff attorney at the ACLU, is now representing the unnamed man in a lawsuit against DHS Secretary Markwayne Mullin over the summons.

Why this Matters to You

This case could affect how U.S. government agencies use their legal powers to gather information on individuals, including foreign nationals who have not recently entered the country. If the legal challenge is successful, it might limit the scope of such data requests, potentially offering greater privacy protections. Conversely, a ruling in favor of DHS could affirm broad authority to collect digital records, which may impact how businesses like Google handle user data.

What's Next

The lawsuit will proceed, with the ACLU arguing that DHS violated the customs law that grants it power to request records. The court's decision could set a precedent for the limits of DHS's authority to summon business records, particularly concerning individuals outside the United States.

Perspectives

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Defense Lawyers express alarm regarding the government's actions, noting that the individual in question has not resided in the United States for over a decade.
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Legal Counsel argues that the government is exploiting the domestic location of big tech companies to bypass jurisdictional boundaries and obtain information regarding the physical movements of a person living in Canada.