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Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

theintercept.com

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Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#43
post #37

Were they legally required to?

According to the ACLU, they are not [1]. So Google voluntarily handed over user information. It requires a court order to enforce it and that requires a judge to sign off on it. This is somewhat analogous to ICE's use of administrative warrants, which really have no legal standing. They certainly don't allow ICE to enter a private abode. You need a judicial warrant for that. That too requires a judge to sign off on i…

> They certainly don't allow ICE to enter a private abode.

I'd just note that ICE is (falsely) claiming otherwise these days.

https://apnews.com/article/ice-arrests-warrants-minneapolis-...

"Federal immigration officers are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, according to an internal Immigration and Customs Enforcement memo obtained by The Associated Press, marking a sharp reversal of longstanding guidance meant to respect constitutional limits on government searches."

Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#44

Just out of curiosity. Are there any companies today that are seen the way Google used to be seen, as a generally “good” corporation/companies that are also a important player? Maybe Mozilla Foundation?

Maybe Valve?

Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#45

Were they legally required to?

For a normal subpoena from a court, yes.

For an "administrative" subpoena from an agency, they take a risk in court.

Judicial review is deferred. If Google thinks the subpoena is egregious, they can go to court and argue. But in the meantime they can either carry it out or risk being held in contempt if they don't and lose in court.

Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#46

Were they legally required to?

[flagged]

Because it’s important context for understanding what the “point” of the article is. It could be any of:

- reporting on google’s violation of privacy laws or handing over info they weren’t required to

- reporting on the US government’s abuse of existing process that Google was legally required to comply with but ought to have challenged

- calling attention to investigatory legal practices that are normal and above-board but the author of the article wishes they were otherwise.

Some of these are motives are closer to the journalism end of the spectrum and some of them are closer to advocacy. I interpret this article as the third bucket but I wish it were clearer about the intent and what they are actually attempting to convey. The fact that the article is not clear about the actual law here (for example, was this a judicial subpoena?) makes me trust it less.

Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#47
post #37

Were they legally required to?

According to the ACLU, they are not [1]. So Google voluntarily handed over user information. It requires a court order to enforce it and that requires a judge to sign off on it. This is somewhat analogous to ICE's use of administrative warrants, which really have no legal standing. They certainly don't allow ICE to enter a private abode. You need a judicial warrant for that. That too requires a judge to sign off on i…

This is more aimed at individuals or smaller actors that may be getting subpoenas from ICE.

There is actually a legal standing for DHS to issue these administrative warrants on corporations in this way.

Re: Google Fulfilled ICE Subpoena Demanding Student Journalist Credit Card Number

#50
Google ought to rethink its policy of disclosing government subpoenas to users. Every time this happens, the media uses it to attack Google. They'd be better off leaving users in the dark about these legally required data disclosures. Even if most users don't go crying to the media when it happens, it's still not worth it.
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