Wyden Questions DHS Misuse of Customs Summons Authority to Chill First Amendment Protected Speech Online
DHS Used Customs Investigations Authority to Demand Social Media Account Information Totally Unrelated to Enforcing Trade Laws
Washington, D.C. – Senate Finance Committee Ranking Member Ron Wyden, D-Ore., called on the Department of Homeland Security (DHS) to stop using a trade enforcement law to demand social media account information in investigations totally unrelated to trade.
DHS demanded Meta reveal the owner of an Instagram account that criticized Trump administration immigration policies, citing federal customs summons authority. The order is being challenged by the account owner, represented by the ACLU.
“DHS apparently is trying to expose an individual’s identity in order to chill criticism of the Trump Administration’s immigration policies. That is a profound misuse of the limited customs authority granted” under the law, Wyden wrote.
In 2017, the first Trump administration attempted to use customs summons authority to unmask the owner of a Twitter account that was critical of federal immigration policy. DHS later rescinded its request amid widespread criticism. The DHS Office of Inspector General ultimately determined the request likely exceeded the agency’s legal authority.
The full text of the letter is here.
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