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DHS is using obscure law to snoop on journalists, non-profits, unions

266 pointsby firefaxyesterday at 6:44 PM41 commentsview on HN

Comments

softwaredougyesterday at 7:37 PM

> In several cases, the DHS has withdrawn a 1509 summons after it was challenged in court and before a judge could rule on its legality. That may be a deliberate strategy to avoid having a judge rule on the legality of the summons.

They have a toy, they’re increasingly abusing it, then trying to dodge from it being taken away.

The thing is nobody has to comply with 1509 summons, DHS has to go to court to enforce it. A lot of the fault is on a company that complies without just ignoring it.

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smalltorchyesterday at 9:13 PM

Perfect thread to drop tmailplus. It's for journalists who can't rely on centralized systems.

Become your own tiny infra

https://gitlab.com/here_forawhile/tmailplus

charcircuittoday at 12:01 AM

>There is no judge in the loop. You don’t have that independent authority to scrutinize the demand and to say whether or not it’s legitimate,

The 4th amendment does not require a judge in the loop to decide if a search is unreasonable. This type of thinking leads to adding bureaucracy making law enforcement less efficient. Criminals benefit from having law enforcement's throughput minimized so they will campaign at every turn to make the government less and less efficient and require more and more procedures for an investigation so it all comes to a halt that way as long as they aren't most wanted 1-10 for a year they can get away with what they are doing.

skybrianyesterday at 7:40 PM

Apparently in this case, T-Mobile caved and Google didn't:

> The DHS also sought and obtained six months of phone records for Fort from T-Mobile, which included records for more than 10,000 calls and text messages. Fort was not notified the government was seeking the records until mid-July, when government lawyers produced them to her lawyers. Fort’s lawyers wrote in a filing this week they were “stunned” to see the government had unilaterally been able to obtain a log of her communications after a judge had warned them about obtaining records about a journalist.

...

> In Fort’s case, Google did not comply with the summons for any of the accounts. The company responded to the DHS by saying it had not offered evidence of how it was related to a customs investigation.

> A Google spokesperson said the company reviews each request for data it gets to ensure it is legal and pushes back when it is too broad or doesn’t follow the correct process.

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wolfcolayesterday at 10:29 PM

ah, but the boot is off of a16z’s neck, so it’s all worth it!

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inigyouyesterday at 7:39 PM

Use small platforms where possible. Oh wait, small platforms get sanctioned as terrorist organisations. I've been thinking I need to get my own IP range, but that requires exposing a lot of personal information.

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java-manyesterday at 6:50 PM

  19 USC 1509 – dealing with customs imports
https://www.law.cornell.edu/uscode/text/19/1509
firefaxyesterday at 6:44 PM

edited title for length

shevy-javayesterday at 8:32 PM

Welcome to the dictatorship.

One has to wonder whether all Trump voters wanted this. I don't think so.

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ck2yesterday at 9:04 PM

[dead]

inigyouyesterday at 7:35 PM

I'm surprised they still need a law.

blurbleblurbleyesterday at 8:08 PM

Friends don't let friends use SMS/MMS

JumpCrisscrossyesterday at 9:25 PM

Note that the DHS budget ($100bn) is sufficient to provide healthcare to every uninsured child, and about half (EDIT: a third) of what it would cost to provide universal healthcare to every American under 18 at the CMS average rate.

At the end of the day this sort of wastefulness eventually attracts attention.

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