alt Hacker News> The government says it needs this information to identify and interview witnesses who can testify about how the tools were actually used.
Why start this whole thing, if you don't already have this information and have people willing to help you as witnesses?
Sounds to me they're saying they don't have this already, but why is this investigation happening in the first place then? Rather than finding every user of the tool, find the users who use the tool in the way you don't approve of, then request the information for those?
Really bananas approach to go for "Every single user of the app" and "Everyone who bought a dongle" when it has very real and legal use cases.
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> Sounds to me they're saying they don't have this already, but why is this investigation happening in the first place then?
They probably have tons of data and testimony from witnesses who use the product illegally. You can find hundreds of threads online of people telling you how to defeat emissions controls using their products.
The case prosecutors want to make is that EZ Lynk knowingly enables this behavior. If they can show that the majority of users are committing crimes with the app, that's a much stronger case than just rounding up a handful of witnesses.
Why stop there? Why not request the PII of every person who could have plausibly downloaded the app at any point in time?
My guess: they want to make the case that illegitimate use cases are indeed the primary use case. Their approach is to randomly sample all users and show that the vast majority use it to defeat emissions, undermining the app maker’s defence.
I don’t think that justifies the overreach. As you said, if they don’t have a case already, they shouldn’t be allowed to violate user privacy on speculation that some statistical evidence might hypothetically fall out of the data. But the legal system may disagree.
If you've ever seen any body cam footage on YouTube I'd wager that about half of them have a moment where the cop is asking someone for information they're not legally required to provide, and it's framed as "I have to investigate." The smart ones reply with some flavor of "ok, I'm not required to help you investigate."
This seems like a much more invasive, much more expensive version of that. "We have [potentially spurious] evidence that this application is used in way we deem a Bad Thing. We need to violate the privacy of this company and thousands of individuals to gather evidence that we should be required to get before bringing this suit in the first place, but we're the government so we don't have to do that."
Cynical hat: they think they can use this case to establish precedent to later compel unmasking a different set of users.
It's called "parallel construction".
I've learned never to believe the reasoning provided in DOJ filings. Realize it is written as a calculated manipulative tool to get a particular result. Whether they want it for the purpose stated is almost immaterial. The only thing you can really glean is they want the result is of whatever they're asking for, but no one knows if it is for the reason they state.
The DOJ first sued EZ Lynk in 2021, accusing the Cayman Islands-based company of violating the Clean Air Act by marketing and selling “defeat devices.” These tools allegedly allow users to bypass factory emissions controls on diesel vehicles, primarily through the EZ Lynk Auto Agent app paired with an onboard diagnostic (OBD) hardware dongle.
That's not a a valid argument. That's just an opinion.
The DOJ obtained a lawful subpoena through the legal system to request this information. The legal case is against EZ Lynk and by interviewing users (how will they know who to interview if they can't get the data? duh!) they can build their case against EZ Lynk and their product if the main usage is violating the Clean Air Act.
How else would the DOJ obtain evidence if they don't know who is buying the product?
Yeah, I'd HAPPILY report every single truck rolling coal around me if there was a place to report that information.
Hell, I've seen a truck roll coal around cop cars and, obviously, nothing happened.
This is just gross privacy intrusion masquerading as "protecting the environment". We don't need 100% compliance to the law and simple prosecution/ticketing of obvious violations would go a long way towards solving the problem outright. Much like we didn't need our cars emailing prosecutors every time someone drove without a seat belt on. Cops giving out tickets for not wearing a seatbelt was enough.