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electronic privacy information center
The Law Is Catching Up to Musk and DOGE
With their many mistakes, Musk and his team have left themselves vulnerable to the sorts of lawsuits being filed by public-interest groups and state attorneys general.
Feb 12, 2025
On February 10, the Electronic Privacy Information Center, or EPIC, filed suit for damages against the Trump-Musk-DOGE cartel. The lawsuit, which EPIC filed before the U.S. District Court for the Eastern District of Virginia, calls for damages on behalf of tens of millions of government workers and Americans resulting from the administration’s illegal breach of personal privacy and its threat to national security.
“These basic security failures have resulted in the unlawful disclosure of personal data—including social security numbers and tax information,” reads the complaint.
EPIC is claiming the data incursion—among many other violations—is illegal under the Privacy Act of 1974. “Plaintiffs have a constitutional right to the privacy of their information… Defendants have violated and continue to violate that right by unlawfully disclosing extremely personal information about plaintiffs and millions of others to unchecked actors in violation of law,” the complaint states.
The courts (and hopefully Congress) are catching up to public opinion, which has taken a drastic turn since Musk began violating the privacy rights of millions of people.
EPIC urges the court to compel defendants to “delete all unlawfully obtained, disclosed, or accessed personally identifiable information from systems or devices on which they were not present on January 19, 2025.” It calls on the court to award plaintiffs statutory and punitive damages “in the amount of $1,000 per each act of unauthorized inspection and disclosure.” That’s a sum that could add up to trillions of dollars in damages given the scope of DOGE’s breach.
The law is catching up to Elon Musk. The EPIC suit is just one of many that have been filed since U.S. President Donald Trump was sworn in and Musk and his DOGE crew infiltrated several key federal agencies and their extensive public records.
On February 7, a federal judge issued an emergency temporary restraining order (TRO) against DOGE after 19 state attorneys general filed a complaint also alleging that DOGE had violated the Privacy Act of 1974 and other laws. The TRO blocks Musk et al. from accessing Treasury systems and requires they destroy any material downloaded.
On filing their case for the TRO, New York State Attorney General Letitia James said: “President Trump does not have the power to give away Americans’ private information to anyone he chooses, and he cannot cut federal payments approved by Congress. Musk and DOGE have no authority to access Americans’ private information and some of our country’s most sensitive data.”
The largest data breach in U.S. history
During a Free Press webinar held prior to EPIC’s filing, the organization’s chief litigator, John Davisson, called the DOGE incursion into federal agencies like the Department of Treasury “the largest and most consequential breach of personal information in U.S. history.” To make matters worse, Davisson noted, “it’s being led by malign, unaccountable forces from both without and within the government.”
Public Citizen co-president Lisa Gilbert led the very first suit against Trump’s second administration. Since then, the organization has filed several other suits against the Trump White House and its operatives, with most focused on pushing back against the DOGE power grab. “What really stands out is the corruption implicit in Musk being at the helm,” Gilbert said during the Free Press webinar. A Public Citizen report from October found that three of Musk’s businesses—SpaceX, Tesla, and X—face at least 11 criminal and civil investigations at the federal level.
“The biggest risk of all is the risk to democratic governance,” said Davisson. “The folks involved here—these bandits, these hijackers—have correctly assessed that the systems in federal agencies are critical levers for how they carry out the functions Congress has assigned.” Davisson added that the massive DOGE data breach empowers Musk’s unaccountable team “to exert all sorts of pressure on federal employees and people at large on people they disagree with politically and that is something we should be very, very worried about.”
The groundbreaking reporting of WIRED’s Vittoria Elliott has exposed the relatively inexperienced team of techies that has accompanied Musk into these federal agencies to access massive troves of personal data. “One of the biggest issues is the lack of transparency,” she said during the webinar. “We don’t know what systems they’re accessing. We’re not given transparency about their roles… The consequences of [Musk’s team] getting it wrong are so dire for so many people.”
Sowing the Seeds of DOGE’s Downfall
One of the things that stands out to Davisson is just how many mistakes DOGE has made since it began its work. Musk and his team have left themselves vulnerable to the sorts of lawsuits being filed by EPIC, Public Citizen, and state attorneys general, he said. “They’ve aggravated a lot of stakeholders; they’re in the process of aggravating the courts. They’ve embarrassed themselves in many ways; they’ve drawn the eye of the public. I think in many ways they have already sown the seeds of their downfall.”
Congress has reportedly been inundated with calls from people who are deeply unhappy about Musk’s raid on government agencies. “It is a deluge on DOGE,” Sen. Tina Smith (D–Minn.) told The Washington Post. “Truly our office has gotten more phone calls on Elon Musk and what the heck he’s doing mucking around in federal government than I think anything we’ve gotten in years… People are really angry.”
People must share their concerns with their lawmakers and call on Congress to act against the incursions. But that’s just a start.
“There is broad public dislike for Musk,” Davisson said during Monday’s webinar. “And we should continue to find ways to leverage that... This is going to require many small—sometimes unsatisfying—actions by a lot of different people in a lot of different places. This assault on democracy is vulnerable to that.”
Turning Anger About Musk Into Action
There are productive places to channel outrage, said Gilbert. “There have been some really effective engagements and protests and people are ginning up for the next phase of resistance... There are some places where we can win things,” she added, pointing to the upcoming budget fight in Congress.
“There’s a battle to be had, where everyone's senators and members matter,” she said. “Knowing that and knowing that there are places where constituents can weigh in hopefully changes the calculus a little bit when folks are feeling like there’s nothing they can do.”
And indeed Musk may be popular among the extremist MAGA crowd, but voters in general aren’t on board with the DOGE team’s privacy violations. A new Hart Research survey indicates that his popularity is in rapid decline as people learn more about his efforts to compromise our data.
The Economist/YouGov conducted a poll finding that the billionaire is falling out of favor with voters, including Republicans, who say in increasing numbers that they want him to have little-to-no influence over the way the government conducts its business.
The wins against DOGE are just the beginning, Davisson said. The legal strategy is “going to be important for staying grounded through what is going to be a very long and difficult fight. So I encourage everyone to celebrate the wins when they come.”
The courts (and hopefully Congress) are catching up to public opinion, which has taken a drastic turn since Musk began violating the privacy rights of millions of people. With continued public pressure and legal challenges, it’s possible DOGE’s days may be numbered.
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Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
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Rights Groups Cheer Senate Bill to Curb Warrantless Spying on Americans
The SAFE Act "would make critical reforms to stop persistent abuse" and is "meticulously designed to account for operational needs," said one advocate.
Mar 14, 2024
Just weeks away from the expiration of a U.S. government surveillance power with a history of abuse, a bipartisan group of senators unveiled a reauthorization bill welcomed by rights groups who have long demanded reforms.
Congress and U.S. President Joe Biden last year temporarily extended Section 702 of the Foreign Intelligence Surveillance Act (FISA), which permits warrantless surveillance targeting noncitizens located outside the United States, to allow for ongoing discussions of possible changes opposed by the intelligence community and its allies on Capitol Hill.
"There is little doubt that Section 702 is a valuable national security tool. However, while only foreigners overseas may be targeted, the program sweeps in massive amounts of Americans' communications, which may be searched without a warrant," Senate Majority Whip Dick Durbin (D-Ill.) noted Thursday.
Durbin, who also chairs the Senate Judiciary Committee, and Sen. Mike Lee (R-Utah) are leading the Security and Freedom Enhancement (SAFE) Act with support from 11 other senators who have backed reform efforts in response to rampant abuse, particularly by the Federal Bureau of Investigation (FBI).
"The documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment rights of American citizens," said Lee. "From warrantless searches targeting journalists, political commentators, and campaign donors to monitoring sitting members of Congress, these actions reveal a blatant disregard for individual liberties."
After noting that "even after implementing compliance measures, the FBI still conducted more than 200,000 warrantless searches of Americans' communications in just one year—more than 500 warrantless searches per day," Durbin framed the SAFE Act as "a sensible, bipartisan path forward on reauthorizing Section 702 with meaningful reforms."
With the April 19 sunset of Section 702 of the Foreign Intelligence Surveillance Act approaching, I'm announcing a bipartisan compromise bill that protects Americans from foreign threats and from warrantless government surveillance. WATCH: https://t.co/3ELLO7O7YN
— Senator Dick Durbin (@SenatorDurbin) March 14, 2024
Specifically, the bill would require agencies to "obtain a FISA Title I order or a warrant before accessing the contents of Americans' communications collected under Section 702—but not before running queries," the sponsors explained. It also includes additional layers of internal supervision for queries involving Americans and would close the data broker loophole, among other provisions.
"Sen. Durbin and Lee have carefully crafted a bipartisan compromise bill," said ACLU senior policy counsel Kia Hamadanchy. "While this legislation does not include every reform civil liberties groups have been pushing for, it does include meaningful changes that will rein in the government's warrantless surveillance of Americans and help ensure that our privacy is protected. The Senate should take up this bill immediately."
Demand Progress policy director Sean Vitka agreed. While also noting that it doesn't have everything rights advocates wanted, he said that "the SAFE Act is a major development in the ongoing fight to rein in warrantless government surveillance of people in the United States."
"We commend Sen. Durbin and Lee for their leadership," Vitka added, stressing that "an overwhelming number of Americans from across the political spectrum want Congress to seize this once-in-a-generation moment and get this done."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, similarly praised the pair for crafting the bill, which he said "takes a pragmatic, measured approach to reform that draws upon a wide range of proposals" to offer "a clear path forward to reauthorizing Section 702 while ensuring that our rights are protected."
Jake Laperruque, deputy director of the Center for Democracy & Technology's Security and Surveillance Project, also celebrated that the bill "would make critical reforms to stop persistent abuse" and is "meticulously designed to account for operational needs."
"We're just a few weeks away from the expiration of FISA 702—it's time for congressional leadership to stop stalling and allow a vote on these critical reforms," Laperruque declared.
The SAFE Act comes just days after Wiredrevealed that U.S. House Permanent Select Committee on Intelligence Chair Mike Turner (R-Ohio) privately tried using peaceful protests at the home of Senate Majority Leader Chuck Schumer (D-N.Y.) as proof of the need to block long-demanded reforms to Section 702.
Turner notably already faced calls to resign after he announced that his panel had provided members of Congress with "information concerning a serious national security threat," which news outlets reported was that Russia has made progress on a space-based nuclear weapon to target U.S. satellites.
Amid that controversy—which was widely seen as a ploy to force the reauthorization without reforms—House Speaker Mike Johnson (R-La.) abruptly delayed action on Section 702 in February. However, the Republican leader toldPolitico on Thursday that "the current plan is to run FISA as a standalone the week after Easter."
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