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floofloof@lemmy.ca to News@lemmy.worldEnglish · 11 hours ago

DHS Hunts Down 67-Year-Old U.S. Citizen Who Criticized Them in Gmail

newrepublic.com

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DHS Hunts Down 67-Year-Old U.S. Citizen Who Criticized Them in Gmail

newrepublic.com

floofloof@lemmy.ca to News@lemmy.worldEnglish · 11 hours ago
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  • UnspecificGravity@piefed.social
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    8 hours ago

    Isn’t an “administrative subpoena” literally just a letter from an agency that says “give us this pretty please” with no actual enforceability at all?

    • CosmicTurtle0 [he/him]@lemmy.dbzer0.com
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      7 hours ago

      Subpoenas, generally speaking, do not require a signature of a judge and aren’t subject to the same scrutiny as a warrant.

      Subpoenas are issued against third parties (in this case Google) to compel the release of information. Google can fight the subpoena in court, but they generally don’t.

      The enforceability only comes if Google decided not to comply, at which point they could offer to sell the information to the government or a judge ruled that Google must comply.

      Again, most companies comply because they often lack the incentive to not comply.

      • UnspecificGravity@piefed.social
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        7 hours ago

        Today you learned what a subpoena actually is:

        https://nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/subpoenas-vs-promises-appear/legal-requirements-subpoenas

    • meco03211@lemmy.world
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      8 hours ago

      If it had enforceability, they would explicitly cite laws to that effect in the subpoena itself. If the subpoena does not have that, it’s almost assuredly unenforceable.

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