DHS uses obscure customs law to obtain journalist's data without judicial oversight

DHS Bypasses Judicial Review for Journalist Data

The Department of Homeland Security (DHS) utilized an obscure provision of federal law, 19 USC 1509, to obtain YouTube account information for Minneapolis journalist Georgia Fort. This action followed two rejections by a judge for search warrants for the same data, citing a lack of probable cause and the need for the subjects to be informed.

Administrative Summons Used After Warrant Rejection

After federal prosecutors withdrew their warrant requests in February, DHS served Google with an administrative summons for Fort's YouTube data less than a month later. This method, which only requires a sign-off from a DHS official, bypassed the judicial approval process that had previously denied the government's attempts.

Concerns Over Misapplication of Customs Law

The statute, 19 USC 1509, grants DHS broad power to inspect records for customs and import duty investigations. However, former DHS lawyer Chris Duncan stated that these laws are unrelated to domestic situations, social media posts, or immigration matters. John Roth, former DHS Inspector General, called the use of this subpoena for a non-customs case "improper."

Lack of Notification and Secrecy Instruction

Georgia Fort was not notified of the request for her information, nor was she given an opportunity to contest it. The administrative summons also instructed the recipients, such as Google, to keep the request secret, further limiting transparency and the ability of individuals to challenge the government's access to their data.