DHS's use of secretive legal weapon draws congressional scrutiny

"The U.S. government had been accused under previous administrations of overstepping laws and guidelines that restrict the subpoenas' use, but privacy and civil rights groups say that, under President Donald Trump, Homeland Security has weaponized the tool to strangle free speech."

"In a letter to the tech companies, 28 members of Congress cited Jon's case as well as others highlighted in The Post's story, alleging that the incidents 'demonstrate that DHS has used this authority to identify, surveil, and intimidate individuals based on speech and political expression protected by the First Amendment.'"

"Even the mere notification that individuals receive that the federal government subpoenaed their data chills future speech. These practices undermine public trust in both law enforcement and the private companies."

Congressional Democrats launched an inquiry into how tech companies respond to Department of Homeland Security demands for personal information on Americans critical of the agency. The investigation follows a Washington Post report on Homeland Security's use of administrative subpoenas—powerful legal tools that federal agencies can issue without judicial oversight. A notable case involved a retiree who emailed a prosecutor advocating for an Afghan asylum seeker; within hours, Google received a subpoena for his account data, followed by investigators visiting his home. Privacy advocates argue that under President Trump, Homeland Security has weaponized these subpoenas to suppress free speech. Twenty-eight congressional members wrote to tech companies alleging the agency used this authority to identify, surveil, and intimidate individuals based on protected political expression, warning that mere notification of subpoenas chills future speech.

Read at The Washington Post