DHS is using obscure law to snoop on journalists, non-profits, unions
Points and comments are a snapshot, not live.
DHS uses obscure customs law, 19 USC 1509, to secretly obtain data on journalists and nonprofits, bypassing judicial oversight.
The Trump DHS deployed 19 USC 1509, a customs import law, to demand telephone and YouTube records from journalists, nonprofits, and unions without a judge's approval. In one case, after a judge twice rejected search warrants, DHS served Google an administrative summons under 1509 to obtain YouTube info for journalists Georgia Fort and Don Lemon, who face charges related to covering a protest. The law grants DHS broad power to inspect records for customs issues, but former officials say it's being misused for domestic investigations unrelated to imports. DHS also obtained six months of Fort's phone records from T-Mobile, including 10,000+ calls and texts, without notifying her. Google did not comply. The DHS has withdrawn summonses when challenged to avoid court rulings on legality.
What commenters are saying
Commenters focus on the legal mechanics of 19 USC 1509, noting it allows DHS to demand records without judicial approval, with only a DHS official's sign-off and a gag order. Many fault companies for complying-Google resisted, while T-Mobile did not-arguing that fighting summonses is costly and risky for users, while companies have no incentive to resist. Some see this as a deliberate strategy to avoid precedent: DHS withdraws summonses when challenged to prevent courts from ruling them unlawful. A few urge using smaller, non-corporate platforms, but note the practical difficulty of anonymity. Several draw parallels to other government tactics, like NY dismissing gun law cases to avoid constitutional rulings.