Court Should Curb Abuse of Grand Jury Subpoenas Targeting Social Media Users
The ACLU, EFF, and allied groups filed an amicus brief urging the D.C. Circuit to limit the government's use of grand jury subpoenas to identify anonymous social media users. The sealed case centers on DHS efforts to unmask a Reddit user who posted comments critical of an immigration enforcement officer.
Why this matters: Anonymous speech is not a loophole. It is a right with a long history, and it matters most when people are criticizing the government. Here, DHS went after someone for comments on Reddit about an immigration officer. That is a narrow target with a broad tool. Grand jury subpoenas are supposed to support criminal investigations, not help agencies find out who is talking about them online. If courts allow this, anyone who criticizes enforcement agencies under a username needs to assume that anonymity can be stripped on request.
Who should care: Lawyers · Privacy officers · Compliance · General readers · Policy
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