EFFector Volume 38, Issue 3

🗣 Homeland Security Wants Names

Welcome to an all-new EFFector, your regular digest on everything digital rights from the Electronic Frontier Foundation.

In our 838th issue: A campaign to expand end-to-end encryption protections, a bill to stop government face scans from Immigration and Customs Enforcement (ICE) and others, and how Homeland Security is using unlawful subpoenas to target people engaged in First Amendment activity.

When you lose your rights online, you lose them in real life. Become an EFF member today!

Featured Story: How the Government Is Trying to Unmask Its Critics

Criticize the government online? The Department of Homeland Security (DHS) might ask Google to cough up your name. By abusing an investigative tool called "administrative subpoenas," DHS has been demanding tech companies reveal users' names, locations—even their bank and credit card numbers. Now, EFF is calling on these companies to stand up for their users.

As part of the federal government’s unprecedented campaign to target critics of its conduct and policies, DHS has issued subpoenas to tech companies to unmask or locate people who have documented ICE's activities in their community, criticized the government, or attended protests. In one particularly shocking case, DHS sent Google a subpoena demanding information about a 67-year-old retiree who criticized the agency’s policies. The retiree had sent an email asking the agency to use common sense and decency in a high-profile asylum case.

These subpoenas are unlawful, and the government knows it. When a handful of users challenged a few of them in court with the help of ACLU affiliates in Northern California and Pennsylvania, DHS withdrew them rather than waiting for a decision. Unfortunately, it's difficult for the average user to fight back on their own. That's why EFF, joined by the ACLU of Northern California, recently sent letters to Amazon, Apple, Discord, Google, Meta, Microsoft, Reddit, SNAP, TikTok, and X asking them to protect their users from lawless DS subpoenas.

Unlike a search warrant, an administrative subpoena is not approved by a judge. If a technology company refuses to comply, an agency’s only recourse is to drop it or go to court and try to convince a judge that the request is lawful. That is what we are asking companies to do—simply require court intervention and not obey in advance.

We also asked the companies to resist gag orders that would prevent companies from notifying their users that they are a target of a subpoena. And, importantly, we asked them to give users as much notice as possible when they are the target of a subpoena, so the user can seek help. While many companies have already made this promise, there are high-profile examples of it not happening—ultimately stripping users of their day in court.

"Your promises to protect the privacy of users are being tested right now," EFF and the ACLU of Northern California told the tech companies. "These steps are not only the right thing to do, they are in line with the existing promises you have made to defend user privacy."

READ MORE…

‌EFF Updates

🧊 ICE AND YOUR RIGHTS: ICE and Customs and Border Protection (CBP) are out of control. Many people are exercising their right to say it's unacceptable. But what are the limitations around recording immigration agents? Is it true that ICE is using facial recognition technology? Are you unsure how to protect your privacy while protesting? Watch EFF's online town hall where we discussed ways to stay safer and how the digital rights community can help address brutality against immigrants, observers, and all those involved in holding ICE accountable.

🔒 ENCRYPT IT: End-to-end encryption is the best tool we have to keep our private files and conversations private. But tech companies aren't using it as broadly as they should. That's why EFF is calling on Meta, Apple, Google, Bluesky, Telegram, and Ring to implement long-requested encryption features. Visit the new "Encrypt It Already" website with links to help users have their voices heard.

🎂 230 AT 30: For three decades, internet users have benefited from a key federal law that allows everyone to express themselves, find community, organize politically, and participate in society. Enacted 30 years ago this month, Section 230, which protects internet users’ speech by protecting the online intermediaries we rely on, is the legal support that sustains the internet as we know it. On our blog, we explain why Section 230 remains the best available system to protect everyone’s ability to speak online.

👤 FACE OFF: Face recognition technology is so dangerous that the government should not use it at all. But U.S. immigration agents are now routinely scanning faces, using one face-scanning app an estimated 100,000 times. In at least one case, this app reportedly misidentified a woman—twice. That's why EFF is proud to endorse the “ICE Out of Our Faces Act,” a new federal bill that would take this abusive surveillance tech out of the hands of immigration agents.

Don’t Let Tyrants Co-opt Tech

Technology is supercharging the attack on democracy by making it easier to spy on people, block free speech, and control what we do. The Electronic Frontier Foundation’s activists, lawyers, and technologists are fighting back.

Join the movement to Take Back CTRL. For a limited time, join EFF for as little as $20. As our thanks, you’ll get a Take Back CTRL Camera Cover Set with any member gift.

Fresh EFF Gear Is Here

Show off your support for EFF with hot digital rights merch from our online store. Just in: An Art Nouveau-inspired black scoop neck with shimmering gold circuits, celebrating the beauty of technology and the fight for digital freedom.

In addition to EFF shirts and hoodies, we have a wide variety of freedom-supporting swag in stock, including (extremely popular) liquid core gaming dice, HTTP playing cards, and a tactile Lady Justice braille sticker.