As sharing ICE footage has swayed public debate, DHS has seemingly sought to subpoena Meta and possibly other platforms for subscriber information.
In October, Meta refused to provide names of users associated with Doe’s accounts—as well as “postal code, country, all email address(es) on file, date of account creation, registered telephone numbers, IP address at account signup, and logs showing IP address and date stamps for account accesses”—without further information from DHS. Meta then gave Doe the opportunity to move to quash the subpoena to stop the company from sharing information.
That request came about a week after DHS requested similar information from Meta about six Instagram community watch groups that shared information about ICE activity in Los Angeles and other locations. DHS withdrew those requests after account holders defended First Amendment rights and filed motions to quash the subpoena, Doe’s court filing said.
It’s unclear why DHS withdrew those subpoenas but maintained Doe’s. DHS has alleged that the government’s compelling interest in Doe’s identity outweighs First Amendment rights to post anonymously online. The agency also claimed it has met its burden to unmask Doe as “someone who is allegedly involved in threatening ICE agents and impeding the performance of their duties,” which supposedly “touches DHS’s investigation into threats to ICE agents and impediments to the performance of their duties.”
Whether Doe will prevail is hard to say, but Politico reported that DHS’s “defense will rest on whether DHS’s argument that posting videos and images of ICE officers and warnings about arrests is considered criminal activity.” It may weaken DHS’s case that Border Patrol Tactical Commander Greg Bovino recently circulated a “legal refresher” for agents in the field, reminding them that protestors are allowed to take photos and videos of “an officer or operation in public,” independent journalist Ken Klippenstein reported.