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🗣 Homeland Security Wants Names | EFFector 38.3
Criticize the government online? The Department of Homeland Security (DHS) might ask Google to cough up your name. By abusing an investigative tool called "administrative subpoenas," DHS has been demanding that tech companies hand over users' names, locations, and more. We're explaining how companies can stand up for users—and covering the latest news in the fight for privacy and free speech online—with our EFFector newsletter.
For over 35 years, EFFector has been your guide to understanding the intersection of technology, civil liberties, and the law. This latest issue tracks our campaign to expand end-to-end encryption protections, a bill to stop government face scans from Immigration and Customs Enforcement (ICE) and others, and why Section 230 remains the best available system to protect everyone’s ability to speak online.
Prefer to listen in? In our audio companion, EFF Senior Staff Attorney F. Mario Trujillo explains how Homeland Security's lawless subpoenas differ from court orders. Find the conversation on YouTube or the Internet Archive.
EFFECTOR 38.3 - 🗣 Homeland Security Wants Names
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“Free” Surveillance Tech Still Comes at a High and Dangerous Cost
Surveillance technology vendors, federal agencies, and wealthy private donors have long helped provide local law enforcement “free” access to surveillance equipment that bypasses local oversight. The result is predictable: serious accountability gaps and data pipelines to other entities, including Immigration and Customs Enforcement (ICE), that expose millions of people to harm.
The cost of “free” surveillance tools — like automated license plate readers (ALPRs), networked cameras, face recognition, drones, and data aggregation and analysis platforms — is measured not in tax dollars, but in the erosion of civil liberties.
The cost of “free” surveillance tools is measured not in tax dollars, but in the erosion of civil liberties.
The collection and sharing of our data quietly generates detailed records of people’s movements and associations that can be exposed, hacked, or repurposed without their knowledge or consent. Those records weaken sanctuary and First Amendment protections while facilitating the targeting of vulnerable people.
Cities can and should use their power to reject federal grants, vendor trials, donations from wealthy individuals, or participation in partnerships that facilitate surveillance and experimentation with spy tech.
If these projects are greenlit, oversight is imperative. Mechanisms like public hearings, competitive bidding, public records transparency, and city council supervision aid to ensure these acquisitions include basic safeguards — like use policies, audits, and consequences for misuse — to protect the public from abuse and from creeping contracts that grow into whole suites of products.
Clear policies and oversight mechanisms must be in place before using any surveillance tools, free or not, and communities and their elected officials must be at the center of every decision about whether to bring these tools in at all.
Here are some of the most common methods “free” surveillance tech makes its way into communities.
Trials and PilotsPolice departments are regularly offered free access to surveillance tools and software through trials and pilot programs that often aren’t accompanied by appropriate use policies. In many jurisdictions, trials do not trigger the same requirements to go before decision-makers outside the police department. This means the public may have no idea that a pilot program for surveillance technology is happening in their city.
The public may have no idea that a pilot program for surveillance technology is happening in their city.
In Denver, Colorado, the police department is running trials of possible unmanned aerial vehicles (UAVs) for a drone-as-first-responder (DFR) program from two competing drone vendors: Flock Safety Aerodome drones (through August 2026) and drones from the company Skydio, partnering with Axon, the multi-billion dollar police technology company behind tools like Tasers and AI-generated police reports. Drones create unique issues given their vantage for capturing private property and unsuspecting civilians, as well as their capacity to make other technologies, like ALPRs, airborne.
Functional, Even Without FundingWe’ve seen cities decide not to fund a tool, or run out of funding for it, only to have a company continue providing it in the hope that money will turn up. This happened in Fall River, Massachusetts, where the police department decided not to fund ShotSpotter’s $90,000 annual cost and its frequent false alarms, but continued using the system when the company provided free access.
Police technology companies are developing more features and subscription-based models, so what’s “free” today frequently results in taxpayers footing the bill later.
In May 2025, Denver's city council unanimously rejected a $666,000 contract extension for Flock Safety ALPR cameras after weeks of public outcry over mass surveillance data sharing with federal immigration enforcement. But Mayor Mike Johnston’s office allowed the cameras to keep running through a “task force” review, effectively extending the program even after the contract was voted down. In response, the Denver Taskforce to Reimagine Policing and Public Safety and Transforming Our Communities Alliance launched a grassroots campaign demanding the city “turn Flock cameras off now,” a reminder that when surveillance starts as a pilot or time‑limited contract, communities often have to fight not just to block renewals but to shut the systems off.
Importantly, police technology companies are developing more features and subscription-based models, so what’s “free” today frequently results in taxpayers footing the bill later.
Gifts from Police Foundations and Wealthy DonorsPolice foundations and the wealthy have pushed surveillance-driven agendas in their local communities by donating equipment and making large monetary gifts, another means of acquiring these tools without public oversight or buy-in.
In Atlanta, the Atlanta Police Foundation (APF) attempted to use its position as a private entity to circumvent transparency. Following a court challenge from the Atlanta Community Press Collective and Lucy Parsons Labs, a Georgia court determined that the APF must comply with public records laws related to some of its actions and purchases on behalf of law enforcement.
In San Francisco, billionaire Chris Larsen has financially supported a supercharging of the city’s surveillance infrastructure, donating $9.4 million to fund the San Francisco Police Department’s (SFPD) Real-Time Investigation Center, where a menu of surveillance technologies and data come together to surveil the city’s residents. This move comes after the billionaire backed a ballot measure, which passed in March 2025, eroding the city’s surveillance technology law and allowing the SFPD free rein to use new surveillance technologies for a full year without oversight.
Federal grants and Department of Homeland Security funding are another way surveillance technology appears free to, only to lock municipalities into long‑term data‑sharing and recurring costs.
Through the Homeland Security Grant Program, which includes the State Homeland Security Program (SHSP) and the Urban Areas Security (UASI) Initiative, and Department of Justice programs like Byrne JAG, the federal government reimburses states and cities for "homeland security" equipment and software, including including law‑enforcement surveillance tools, analytics platforms, and real‑time crime centers. Grant guidance and vendor marketing materials make clear that these funds can be used for automated license plate readers, integrated video surveillance and analytics systems, and centralized command‑center software—in other words, purchases framed as counterterrorism investments but deployed in everyday policing.
Vendors have learned to design products around this federal money, pitching ALPR networks, camera systems, and analytic platforms as "grant-ready" solutions that can be acquired with little or no upfront local cost. Motorola Solutions, for example, advertises how SHSP and UASI dollars can be used for "law enforcement surveillance equipment" and "video surveillance, warning, and access control" systems. Flock Safety, partnering with Lexipol, a company that writes use policies for law enforcement, offers a "License Plate Readers Grant Assistance Program" that helps police departments identify federal and state grants and tailor their applications to fund ALPR projects.
Grant assistance programs let police chiefs fast‑track new surveillance: the paperwork is outsourced, the grant eats the upfront cost, and even when there is a formal paper trail, the practical checks from residents, councils, and procurement rules often get watered down or bypassed.
On paper, these systems arrive “for free” through a federal grant; in practice, they lock cities into recurring software, subscription, and data‑hosting fees that quietly turn into permanent budget lines—and a lasting surveillance infrastructure—as soon as police and prosecutors start to rely on them. In Santa Cruz, California, the police department explicitly sought to use a DHS-funded SHSP grant to pay for a new citywide network of Flock ALPR cameras at the city's entrances and exits, with local funds covering additional cameras. In Sumner, Washington, a $50,000 grant was used to cover the entire first year of a Flock system — including installation and maintenance — after which the city is on the hook for roughly $39,000 every year in ongoing fees. The free grant money opens the door, but local governments are left with years of financial, political, and permanent surveillance entanglements they never fully vetted.
The most dangerous cost of this "free" funding is not just budgetary; it is the way it ties local systems into federal data pipelines. Since 9/11, DHS has used these grant streams to build a nationwide network of at least 79–80 state and regional fusion centers that integrate and share data from federal, state, local, tribal, and private partners. Research shows that state fusion centers rely heavily on the DHS Homeland Security Grant Program (especially SHSP and UASI) to "mature their capabilities," with some centers reporting that 100 percent of their annual expenditures are covered by these grants.
Civil rights investigations have documented how this funding architecture creates a backdoor channel for ICE and other federal agencies to access local surveillance data for their own purposes. A recent report by the Surveillance Technology Oversight Project (S.T.O.P.) describes ICE agents using a Philadelphia‑area fusion center to query the city’s ALPR network to track undocumented drivers in a self‑described sanctuary city.
Ultimately, federal grants follow the same script as trials and foundation gifts: what looks “free” ends up costing communities their data, their sanctuary protections, and their power over how local surveillance is used.
Protecting Yourself Against “Free” TechnologyThe most important protection against "free" surveillance technology is to reject it outright. Cities do not have to accept federal grants, vendor trials, or philanthropic donations. Saying no to "free" tech is not just a policy choice; it is a political power that local governments possess and can exercise. Communities and their elected officials can and should refuse surveillance systems that arrive through federal grants, vendor pilots, or private donations, regardless of how attractive the initial price tag appears.
For those cities that have already accepted surveillance technology, the imperative is equally clear: shut it down. When a community has rejected use of a spying tool, the capabilities, equipment, and data collected from that tool should be shut off immediately. Full stop.
And for any surveillance technology that remains in operation, even temporarily, there must be clear rules: when and how equipment is used, how that data is retained and shared, who owns data and how companies can access and use it, transparency requirements, and consequences for any misuse and abuse.
“Free” surveillance technology is never free. Someone profits or gains power from it. Police technology vendors, federal agencies, and wealthy donors do not offer these systems out of generosity; they offer them because surveillance serves their interests, not ours. That is the real cost of “free” surveillance.
【出版ネッツ声明】生成AIにおけるクリエイター保護へ適切な法規制を求める
Open Letter to Tech Companies: Protect Your Users From Lawless DHS Subpoenas
We are calling on technology companies like Meta and Google to stand up for their users by resisting the Department of Homeland Security's (DHS) lawless administrative subpoenas for user data.
In the past year, DHS has consistently targeted people engaged in First Amendment activity. Among other things, the agency has issued subpoenas to technology companies to unmask or locate people who have documented ICE's activities in their community, criticized the government, or attended protests.
These subpoenas are unlawful, and the government knows it. When a handful of users challenged a few of them in court with the help of ACLU affiliates in Northern California and Pennsylvania, DHS withdrew them rather than waiting for a decision.
These subpoenas are unlawful, and the government knows it.
But it is difficult for the average user to fight back on their own. Quashing a subpoena is a fast-moving process that requires lawyers and resources. Not everyone can afford a lawyer on a moment’s notice, and non-profits and pro-bono attorneys have already been stretched to near capacity during the Trump administration.
That is why we, joined by the ACLU of Northern California, have asked several large tech platforms to do more to protect their users, including:
- Insist on court intervention and an order before complying with a DHS subpoena, because the agency has already proved that its legal process is often unlawful and unconstitutional;
- Give users as much notice as possible when they are the target of a subpoena, so the user can seek help. While many companies have already made this promise, there are high-profile examples of it not happening—ultimately stripping users of their day in court;
- Resist gag orders that would prevent companies from notifying their users that they are a target of a subpoena.
We sent the letter to Amazon, Apple, Discord, Google, Meta, Microsoft, Reddit, SNAP, TikTok, and X.
Recipients are not legally compelled to comply with administrative subpoenas absent a court orderAn administrative subpoena is an investigative tool available to federal agencies like DHS. Many times, these are sent to technology companies to obtain user data. A subpoena cannot be used to obtain the content of communications, but they have been used to try and obtain some basic subscriber information like name, address, IP address, length of service, and session times.
Unlike a search warrant, an administrative subpoena is not approved by a judge. If a technology company refuses to comply, an agency’s only recourse is to drop it or go to court and try to convince a judge that the request is lawful. That is what we are asking companies to do—simply require court intervention and not obey in advance.
It is unclear how many administrative subpoenas DHS has issued in the past year. Subpoenas can come from many places—including civil courts, grand juries, criminal trials, and administrative agencies like DHS. Altogether, Google received 28,622 and Meta received 14,520 subpoenas in the first half of 2025, according to their transparency reports. The numbers are not broken out by type.
DHS is abusing its authority to issue subpoenasIn the past year, DHS has used these subpoenas to target protected speech. The following are just a few of the known examples.
On April 1, 2025, DHS sent a subpoena to Google in an attempt to locate a Cornell PhD student in the United States on a student visa. The student was likely targeted because of his brief attendance at a protest the year before. Google complied with the subpoena without giving the student an opportunity to challenge it. While Google promises to give users prior notice, it sometimes breaks that promise to avoid delay. This must stop.
In September 2025, DHS sent a subpoena and summons to Meta to try to unmask anonymous users behind Instagram accounts that tracked ICE activity in communities in California and Pennsylvania. The users—with the help of the ACLU and its state affiliates— challenged the subpoenas in court, and DHS withdrew the subpoenas before a court could make a ruling. In the Pennsylvania case, DHS tried to use legal authority that its own inspector general had already criticized in a lengthy report.
In October 2025, DHS sent Google a subpoena demanding information about a retiree who criticized the agency’s policies. The retiree had sent an email asking the agency to use common sense and decency in a high-profile asylum case. In a shocking turn, federal agents later appeared on that person’s doorstep. The ACLU is currently challenging the subpoena.
No One, Including Our Furry Friends, Will Be Safer in Ring's Surveillance Nightmare
Amazon Ring’s Super Bowl ad offered a vision of our streets that should leave every person unsettled about the company’s goals for disintegrating our privacy in public.
In the ad, disguised as a heartfelt effort to reunite the lost dogs of the country with their innocent owners, the company previewed future surveillance of our streets: a world where biometric identification could be unleashed from consumer devices to identify, track, and locate anything — human, pet, and otherwise.
The ad for Ring’s “Search Party” feature highlighted the doorbell camera’s ability to scan footage across Ring devices in a neighborhood, using AI analysis to identify potential canine matches among the many personal devices within the network.
Amazon Ring already integrates biometric identification, like face recognition, into its products via features like "Familiar Faces,” which depends on scanning the faces of those in sight of the camera and matching it against a list of pre-saved, pre-approved faces. It doesn’t take much to imagine Ring eventually combining these two features: face recognition and neighborhood searches.
Ring’s “Familiar Faces” feature could already run afoul of biometric privacy laws in some states, which require explicit, informed consent from individuals before a company can just run face recognition on someone. Unfortunately, not all states have similar privacy protections for their residents.
Ring has a history of privacy violations, enabling surveillance of innocents and protestors, and close collaboration with law enforcement, and EFF has spent years reporting on its many privacy problems.
The cameras, which many people buy and install to identify potential porch pirates or get a look at anyone that might be on their doorstep, feature microphones that have been found to capture audio from the street. In 2023, Ring settled with the Federal Trade Commission over the extensive access it gave employees to personal customer footage. At that time, just three years ago, the FTC wrote: “As a result of this dangerously overbroad access and lax attitude toward privacy and security, employees and third-party contractors were able to view, download, and transfer customers’ sensitive video data for their own purposes.”
The company has made law enforcement access a regular part of its business. As early as 2016, the company was courting police departments through free giveaways. The company provided law enforcement warrantless access to people’s footage, a practice they claimed to cut off in 2024. Not long after, though, the company established partnerships with major police companies Axon and Flock Safety to facilitate the integration of Ring cameras into police intelligence networks. The partnership allows law enforcement to again request Ring footage directly from users. This supplements the already wide-ranging apparatus of data and surveillance feeds now available to law enforcement.
This feature is turned on by default, meaning that Ring owners need to go into the controls to change it. According to Amazon Ring’s instructions, this is how to disable the “search party” feature:
- Open the Ring app to the main dashboard.
- Tap the menu (☰).
- Tap Control Center.
- Select Search Party.
- Tap Disable Search for Lost Pets. Tap the blue Pet icon next to "Search for Lost Pets" to turn the feature off for each camera. (You also have the option to "Disable Natural Hazards (Fire Watch)" and the option to tap the blue Flame icon next to Natural Hazards (Fire Watch) to turn the feature on or off for each camera.)
The addition of AI-driven biometric identification is the latest entry in the company’s history of profiting off of public safety worries and disregard for individual privacy, one that turbocharges the extreme dangers of allowing this to carry on. People need to reject this kind of disingenuous framing and recognize the potential end result: a scary overreach of the surveillance state designed to catch us all in its net.
【おすすめ本】雨宮処凛 『25年、フリーランスで食べてます──隙間産業で生きていく』―仕事をこなす秘策・鉄則を大公開!=鈴木 耕(編集者)
Coalition Urges California to Revoke Permits for Federal License Plate Reader Surveillance
SAN FRANCISCO – California must revoke permits allowing federal agencies such as Customs and Border Patrol (CBP) and the Drug Enforcement Administration (DEA) to put automated license plate readers along border highways, a coalition led by the Electronic Frontier Foundation (EFF) and Imperial Valley Equity & Justice (IVEJ) demanded today.
In a letter to Gov. Gavin Newsom and California Department of Transportation (Caltrans) Director Dina El-Tawansy, the coalition notes that this invasive mass surveillance – automated license plate readers (ALPRs) often disguised as traffic barrels – puts both residents and migrants at risk of harassment, abuse, detention, and deportation.
“With USBP (U.S. Border Patrol) Chief Greg Bovino reported to be returning to El Centro sector, after leading a brutal campaign against immigrants and U.S. citizens alike in Los Angeles, Chicago, and Minneapolis, it is urgent that your administration take action,” the letter says. “Caltrans must revoke any permits issued to USBP. CBP, and DEA for these surveillance devices and effectuate their removal.”
Coalition members signing the letter include the California Nurses Association; American Federation of Teachers Guild, Local 1931; ACLU California Action; Fight for the Future; Electronic Privacy Information Center; Just Futures Law; Jobs to Move America; Project on Government Oversight; American Friends Service Committee U.S./Mexico Border Program; Survivors of Torture, International; Partnership for the Advancement of New Americans; Border Angels; Southern California Immigration Project; Trust SD Coalition; Alliance San Diego; San Diego Immigrant Rights Consortium; Showing Up for Racial Justice San Diego; San Diego Privacy; Oakland Privacy; Japanese American Citizens League and its Florin-Sacramento Valley, San Francisco, South Bay, Berkeley, Torrance, and Greater Pasadena chapters; Democratic Socialists of America- San Diego; Center for Human Rights and Privacy; The Becoming Project Inc.; Imperial Valley for Palestine; Imperial Liberation Collaborative; Comité de Acción del Valle Inc.; CBFD Indivisible; South Bay People Power; and queercasa.
California law prevents state and local agencies from sharing ALPR data with out-of-state agencies, including federal agencies involved in immigration enforcement. However, USBP, CBP, and DEA are bypassing these regulations by installing their own ALPRs.
EFF researchers have released a map of more than 40 of these covert ALPRs along highways in San Diego and Imperial counties that are believed to belong to federal agencies engaged in immigration enforcement. In response to a June 2025 public records request, Caltrans has released several documents showing CBP and DEA have applied for permits for ALPRs, with more expected as Caltrans continues to locate records responsive to the request.
“California must not allow Border Patrol and other federal agencies to use surveillance on our roadways to unleash violence and intimidation on San Diego and Imperial Valley residents,” the letter says. “We ask that your administration investigate and release the relevant permits, revoke them, and initiate the removal of these devices. No further permits for ALPRs or tactical checkpoints should be approved for USBP, CBP, or DEA.”
"The State of California must not allow Border Patrol to exploit our public roads and bypass state law," said Sergio Ojeda, IVEJ’s Lead Community Organizer for Racial and Economic Justice Programs. "It's time to stop federal agencies from installing hidden cameras that they use to track, target and harass our communities for travelling between Imperial Valley, San Diego and Yuma."
For the letter: https://www.eff.org/document/coalition-letter-re-covert-alprs
For the map of the covert ALPRs: https://www.eff.org/covertALPRmap
For high-res images of two of the covert ALPRs: https://www.eff.org/node/111725
For more about ALPRs: https://sls.eff.org/technologies/automated-license-plate-readers-alprs
Contact: DaveMaassDirector of Investigationsdm@eff.org