April, 22 2026, 02:44pm EDT
EFF Sues DHS and ICE For Records on Subpoenas Seeking to Unmask Online Critics
Agencies Ignored EFF’s Public-Records Requests Regarding Unlawful Efforts to Locate People Who Criticized the Government or Attended Protests
SAN FRANCISCO
The Electronic Frontier Foundation (EFF) sued the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) today demanding public records about their use of administrative subpoenas to try to identify their online critics.
Court records and news reports show that in the past year, DHS has used administrative subpoenas to unmask or locate people who have documented ICE's activities in their community, criticized the government, or attended protests. The subpoenas are sent to technology companies to demand information about internet users who are often engaged in protected First Amendment activity.
These subpoenas are dangerous because they don’t require judges’ approval. But they are also unlawful, and the government knows it. When a few users challenged them in court with the help of American Civil Liberties Union affiliates in Northern California and Pennsylvania, DHS withdrew them rather than waiting for a decision.
DHS and ICE have ignored EFF’s public-records requests for documents about the processes behind these subpoenas, so EFF sued Wednesday in the U.S. District Court for the District of Columbia.
“DHS and ICE should not be able to first claim that they have the legal authority to unmask critics and then run from court when users challenge these administrative subpoenas,” said EFF Deputy Legal Director Aaron Mackey. “The public deserves to know what laws the agencies believe give them the power to issue these speech-chilling subpoenas.”
An administrative subpoena cannot be used to obtain the content of communications, but they have been used to try and obtain some basic subscriber information like name, address, IP address, length of service, and session times. 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.
EFF and the ACLU of Northern California in February wrote to Amazon, Apple, Discord, Google, Meta, Microsoft, Reddit, SNAP, TikTok, and X to ask that they insist on court intervention and an order before complying with a DHS subpoena; give users as much notice as possible when they are the target of a subpoena, so the users can seek help; and resist gag orders that would prevent the companies from notifying users who are targets of subpoenas.
And EFF last week asked California’s and New York’s attorneys general to investigate Google for deceptive trade practices for breaking its promise to notify users before handing their data to law enforcement, citing the case of a doctoral student who was targeted with an ICE subpoena after briefly attending a pro-Palestine protest.
EFF in early March filed public-records requests with DHS and ICE for their policies, procedures, guidelines, directives, memos, and legal analyses supporting such use of administrative subpoenas. EFF also requested all Inspector General or oversight records, all approval and issuance procedures for the subpoenas, all records reflecting how many such subpoenas have been issued, all communications with technology companies concerning these demands, all communications regarding specific named targets or programs, and all communications with the Department of Justice regarding such subpoenas.
DHS and ICE have not responded, even though EFF requested expedited processing of its requests, which requires agencies to get back to requesters within 10 days.
“The policies, directives, and authorization records governing the program have not been disclosed,” the complaint notes. “The legal basis asserted by DHS and ICE for using a customs statute to compel disclosure of information about persons engaged in constitutionally protected speech and association has not been made public.”
For the complaint: https://www.eff.org/document/eff-v-dhs-ice-administrative-subpoenas-complaint
For EFF’s letter urging tech companies to protect users: https://www.eff.org/deeplinks/2026/02/open-letter-tech-companies-protect-your-users-lawless-dhs-subpoenas
For EFF’s letter urging state probes of Google: https://www.eff.org/press/releases/eff-state-ags-investigate-googles-broken-promise-users-targeted-government
The Electronic Frontier Foundation is the leading nonprofit organization defending civil liberties in the digital world. Founded in 1990, EFF champions user privacy, free expression, and innovation through impact litigation, policy analysis, grassroots activism, and technology development. EFF's mission is to ensure that technology supports freedom, justice, and innovation for all people of the world.
(415) 436-9333LATEST NEWS
Press Freedom Groups Demand International Probe Into Israel's Killing of Journalist Amal Khalil
"Responsibility for these crimes also lies with Israel’s allies, who continue to allow the Netanyahu government to commit them with impunity."
Apr 25, 2026
Global press freedom organizations are demanding an immediate international probe into the Israeli military's apparently targeted killing of Lebanese journalist Amal Khalil, who died trapped under the rubble of a home bombed by Israeli forces earlier this week.
The calls for an urgent independent investigation came as the details surrounding Khalil's killing in southern Lebanon continued to emerge. Khalil's body was recovered by the Lebanese army and Red Cross rescue workers around six hours after the Israeli military bombed the house in which she took cover with fellow journalist Zeinab Faraj—who was badly injured in the attack—following an Israeli strike near their car. Israeli forces obstructed rescue operations by continuing to attack the area.
Reporters Without Borders, known internationally as Reporters Sans Frontières (RSF), published an in-depth timeline of events, making the case that the Israeli military intentionally targeted Khalil and interfered with rescue efforts:
- At around 14:30 [Paris time]: a first Israeli strike targets a car near the vehicle carrying Amal Khalil and Zeinab Faraj. The two journalists survive the attack and manage to exit their vehicle.
- 14:52: Amal Khalil is contacted by Al Jazeera’s correspondent in southern Lebanon, Carmen Joukhadar. The call lasts nine seconds. “I could clearly hear that she was running and out of breath while speaking to me, but she told me she was fine,” he told RSF.
- Between 15:00 and 16:00: rescuers await authorization from the diplomatic committee—known as the “mechanism”—which, among other roles, serves as guarantor and mediator for the ceasefire between Lebanon and Israel, in order to access the site. The committee, established in November 2024 under the auspices of France and the United States, also includes the United Nations Interim Force in Lebanon (UNIFIL).
- Around 16:00: a second strike targets the journalists’ car. Hiding nearby, Amal Khalil calls her colleagues to inform them of the attack, then takes refuge, with Zeinab Faraj, in a three-story house located nearby.
- 16:22: last contact with Amal Khalil. According to her sister, who was on the phone with her at the time, Amal Khalil was unharmed. After this call, the journalist’s phone went dead.
- 16:27: a third Israeli strike targets the house. According to RSF, the strike was carried out by a military aircraft, not a drone. Smoke was captured in a photograph taken by Carmen Joukhadar from the neighboring village of Khiam.
- Around 16:40: Lebanese army and nearby rescue teams are unable to reach the location of the two journalists due to ongoing strikes.
- Around 18:00: the Red Cross finally manages to evacuate Zeinab Faraj, who was suffering from fractures. According to the Lebanese TV channel LBCI, a flash grenade fired by Israeli forces forced the ambulance to retreat without being able to save Amal Khalil. Zeinab Faraj was taken to the local hospital in the nearby village of Tibnin.
- Around 19:20: the Lebanese army decides to accompany the Red Cross despite lacking authorization from the “mechanism” given the urgency of the situation.
- Around 20:20: the Red Cross returns to the scene, accompanied by the Lebanese army and bulldozers begin rescue operations.
- 23:10: the army and the Red Cross publicly announce that they have found Amal Khalil’s lifeless body on the ground floor of the building. The exact time of her death is yet to be determined.
Jonathan Dagher, head of RSF's Middle East desk, said in a statement that "so long as impunity prevails, crimes will continue to be committed."
"The Israeli army has very likely committed two more war crimes on 22 April, by targeting journalists who were identified as such, obstructing rescue operations, and continuing strikes that killed one journalist and injured another," said Dagher. "Responsibility for these crimes also lies with Israel’s allies, who continue to allow the Netanyahu government to commit them with impunity."
"We call on the international community to take firm measures to ensure that the Israeli government brings its massacre of journalists in Lebanon and Palestine to an end," Dagher added. "We also call on the Lebanese government to investigate this crime, which took place on Lebanese territory, and will continue to work to ensure that justice is served for Amal Khalil and every single other journalist killed in Lebanon and the wider region."
I urge everyone to watch this report by Channel 4 News about Israel’s killing of Lebanese journalist Amal Khalil.
“Under international humanitarian law, journalists are afforded the same protection as civilians… If that journalist has a particular sympathy with a particular… pic.twitter.com/uzxCENNUqi
— Hamza Yusuf (@Hamza_a96) April 24, 2026
The Committee to Protect Journalists (CPJ) also demanded an independent investigation into Khalil's killing, which the group described as a possible war crime.
CPJ noted that Khalil "received numerous threats prior to her killing, including a reported death threat in September 2024, and public incitement against her by an Israeli military official days before her killing, leading to widespread accusations that she was deliberately targeted. The reported obstruction of rescue operations, claimed by Lebanese government officials, constitute an additional grave violation of international humanitarian law."
Jodie Ginsberg, CPJ's chief executive, said in a statement that "this is not the first time that Israel has prevented emergency services from reaching journalists injured in their strikes."
"Journalists are civilians and protected under international law," said Ginsberg. "Israel’s blatant disregard for such norms—and the international community’s failure to hold them accountable—is abhorrent."
A spokesperson for the United Nations High Commissioner for Human Rights told reporters on Friday that "deliberately targeting" journalists or rescue workers "would amount to a war crime," pointing specifically to Israel's killing of Amal Khalil and obstruction of emergency teams.
"UN High Commissioner for Human Rights Volker Türk calls for prompt, thorough, independent, and impartial investigations into all incidents involving allegations of violations of international humanitarian law," said the commissioner's spokesperson. "Findings must be disclosed, and those responsible held to account."
Keep ReadingShow Less
'These People Are Shameless': RFK Jr.'s Son Launches Healthcare Investment Fund
"The festering swamp of corruption and self-dealing surrounding the Trump White House just got even deeper."
Apr 25, 2026
US Health and Human Services Secretary Robert F. Kennedy Jr.'s son, Finn Kennedy, is reportedly seeking to raise $100 million for a new healthcare industry investment fund that will seek to capitalize on "policy initiatives in government"—including RFK Jr.'s so-called Make America Healthy Again agenda.
The Financial Times reported Friday that Finn Kennedy's fund, Victura Ventures, has already secured roughly $70 million in commitments. The fund is "targeting early-stage growth companies involved in healthcare AI, consumer health, and other health technologies," FT reported, citing an offering document.
"Kennedy’s foray into healthcare investing marks the latest example of the cozy relationship between the Trump administration and close associates who have sought to capitalize on it," the newspaper added. "Sons of President Donald Trump and Commerce Secretary Howard Lutnick have invested in cryptocurrency businesses as Trump has promoted alternative currencies. Donald Trump Jr. has joined the board of 1789 Capital, a fund founded by pro-Trump donors in 2023. At least four of 1789’s portfolio companies have won contracts from the Trump administration. 1789 has also invested in big government contractors, such as Anduril and Elon Musk’s SpaceX."
Additionally, as Common Dreams reported on Thursday, Eric Trump appeared on Fox Business to brag about a $24 million Pentagon contract secured by Foundation Future Industries, where the president's son serves as chief strategy adviser.
"These people are shameless," journalist Doug Henwood wrote in response to the reporting on Finn Kennedy's new fund.
The advocacy group Protect Our Care said the FT reporting and a Friday story in The New York Times—which detailed how a top Kennedy aide "was advising on changes to the American health system while running a rapidly growing wellness company poised to benefit from Trump administration health policies"—show that "the festering swamp of corruption and self-dealing surrounding the Trump White House just got even deeper."
According to the Times, Kennedy aide Calley Means "held between $25 million and $50 million in stock in the company, Truemed, through November, as he continued to serve as its president."
"For months, Mr. Means has ignored questions from Democrats in Congress about his finances, including the extent of his stake in Truemed, and how they related to federal policy," the Times added.
Kayla Hancock, the director of Protect Our Care’s Public Health Project, said in a statement Friday that "it’s perhaps easy for RFK Jr. to look at Donald Trump and Commerce Secretary Lutnick blatantly abuse the power of the White House to enrich themselves, family members, and big donors, and say, ‘Why not me?’"
"Kennedy claims he’s following ethics rules, but why did he keep the barn door open for his son and close associates to profit off his policy decisions?" asked Hancock. "It follows a corrupt pattern of Trump administration officials exploiting loopholes to steer money into their family and friends’ pockets at the same time they rip away healthcare from millions of Americans and push policies that hike costs on everything from insurance premiums, gas, to groceries.”
Keep ReadingShow Less
In Dead of Night, Senate GOP Schedules Vote on Trump Fed Pick
"No Republican claiming to care about Fed independence should support moving forward the nomination of Kevin Warsh," said Sen. Elizabeth Warren.
Apr 25, 2026
In the late hours of Friday night, Republicans on the Senate Banking Committee scheduled a vote to advance President Donald Trump's pick to lead the Federal Reserve, shortly after the Justice Department announced it was dropping its criminal probe into the current head of the central bank, Jerome Powell.
The committee vote will take place on April 29, putting megarich financier Kevin Warsh on track for full Senate confirmation by the time Powell's term as Fed chair ends on May 15. Sen. Elizabeth Warren (D-Mass.), the top Democrat on the banking panel, said in a statement early Saturday morning that "either the Republican majority is fooled easily or they are hoping to fool the American people," arguing that the Justice Department only agreed to drop its widely condemned probe of Powell—for now, at least—to clear the way for Warsh's confirmation.
"The Department of Justice threatened to restart the investigation into Fed Chair Powell at any time while continuing its probe against Gov. Lisa Cook," said Warren. The senator pointed to White House Press Secretary Karoline Leavitt's remark on Friday that the investigation into Powell "is not necessarily dropped, it's just being moved over to the inspector general."
The probe into the Fed's building renovations produced no evidence of a crime and was seen as a politically motivated attack on Powell, whom Trump has targeted repeatedly for not supporting the president's desired monetary policy. Trump originally nominated Powell to lead the central bank in 2017.
Warren said Saturday that "no Republican claiming to care about Fed independence should support moving forward the nomination of Kevin Warsh, who proved in his nomination hearing to be nothing more than President Trump’s sock puppet.”
While the DOJ investigation into Powell was ongoing, Sen. Thom Tillis (R-NC)—a banking committee member—put a hold on Warsh's confirmation. As of this writing, Tillis has yet to indicate he is satisfied with federal prosecutors' announcement of an end to the Powell investigation.
Warren and other critics see Warsh as someone who would bow to Trump's influence at the Federal Reserve. During his confirmation hearing, Warsh declined to say whether Trump lost the 2020 election, which the president still falsely claims was stolen.
"He argues he's going to be an independent Fed chair, but refuses to acknowledge that Trump lost the 2020 election," said economist Justin Wolfers. "If you can't state simple facts when you're in the political spotlight, you aren't independent. You're a coward."
Observers have also raised concerns about Warsh's financial disclosures—or lack thereof. In recent Senate filings, Warsh disclosed owning assets worth between around $135 million and $226 million, but he did not provide specific details about more than $100 million in holdings, citing confidentiality agreements.
Warren told reporters earlier this month that after meeting with Warsh, she spoke with "the White House briefer on the FBI investigation into Mr. Warsh’s background."
"And what I can say about that report," said Warren, "is that I was told that the FBI made zero investigation into any of Mr. Warsh’s financial holdings, including those that he is refusing to disclose, and that they made zero investigation as to why [Warsh] appears in the publicly available Epstein files and whether he appears in other files that have not been made public.”
Keep ReadingShow Less
Most Popular