When the Government Demands Info About Your Online Accounts

The First Amendment protects the right to document and criticize government actions, including when doing so anonymously online.

But the Department of Homeland Security (DHS) has ramped up efforts to surveil and silence critics using a tool called an “administrative subpoena” or “administrative summons”. When accounts have posted or shared content critical of the administration — particularly of Immigration and Customs Enforcement (ICE) — DHS has issued administrative subpoenas to demand that technology companies hand over information about those accounts. When technology companies get these subpoenas, they often (but not always) provide users with notice. You can see an example of such notice here.

If DHS has issued an administrative subpoena to a technology company to obtain information about you in retaliation for your protected speech, you may be able to file a motion to quash the subpoena. If you plan to fight the subpoena, you should immediately let the technology company know and contact the ACLU at https://www.aclu.org/subpoenaintake.