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Filligreeyesterday at 6:03 PM5 repliesview on HN

Were they legally required to?


Replies

legitsteryesterday at 6:19 PM

For a normal subpoena from a court, yes.

For an "administrative" subpoena from an agency, they take a risk in court.

Judicial review is deferred. If Google thinks the subpoena is egregious, they can go to court and argue. But in the meantime they can either carry it out or risk being held in contempt if they don't and lose in court.

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jmyeetyesterday at 6:16 PM

According to the ACLU, they are not [1]. So Google voluntarily handed over user information. It requires a court order to enforce it and that requires a judge to sign off on it.

This is somewhat analogous to ICE's use of administrative warrants, which really have no legal standing. They certainly don't allow ICE to enter a private abode. You need a judicial warrant for that. That too requires a judge to sign off on it.

[1]: https://www.aclu.org/documents/know-your-rights-ice-administ...

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dathinabyesterday at 6:38 PM

the only way to legally search a house, car or force companies to hand anything over is with a judge signing it off

the article isn't clear about it but it implies that this was not approved by a judge but DHS alone, this is also indicated but the fact that the supona contained a gag order but Google still informed the affected person that _some_ information was hanged over

now some level of cooperation with law enforcement even without a judge is normal to reduce friction and if you love in a proper state of law there is no problem Keith it.

Also companies are to some degree required to cooperate.

What makes this case so problematic is the amount of information shared without a judge order, that ICE tried to gag Google, that Google did delay compliance to give the affected person a chance to take legal action even through they could, and last but but least that this information seems to have been requested for retaliation against protestor which is a big no go for a state of law

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saubeidlyesterday at 6:09 PM

[flagged]

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diego_moitayesterday at 6:08 PM

Probably so. But what relevance does "legally required" have in a country sliding into autocracy?

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