A recent release of documents from the Department of Justice has provided a rare glimpse into how tech companies like Google respond to government requests for information. The documents, related to the investigation of convicted sex offender Jeffrey Epstein, include grand jury subpoenas addressed to Google and the company's responses to those requests.
The subpoenas and responses reveal the tension between the government's desire for information and Google's efforts to protect its users' privacy. Google declined to comment on the specific documents, but a spokesperson said that the company's processes for handling law enforcement requests are designed to protect users' privacy while meeting legal obligations.
Inside the Platform
The documents show that the government will sometimes attempt to obtain information without a judge's sign-off, and that Google pushes back against requests that it says are overbroad. The company's responses to subpoenas emphasize that it is following state and federal law, including the Electronic Communications Privacy Act.
The release of these documents comes as Google and other platforms have received administrative subpoenas from the Department of Homeland Security requesting subscriber information about anonymous users who have criticized the government. In one recent case, Google notified the user prior to sharing their information with DHS, allowing the user to retain legal counsel and file a petition to quash the subpoena.
The Infrastructure Question
The documents also highlight the types of information that Google has turned over to the government, including subscriber information and device configuration data. Users can preview what their own subscriber information looks like by downloading a copy of their data via Google Takeout, which can include details such as account name, recovery email address, and phone numbers.
According to Mario Trujillo, a senior staff attorney at the Electronic Frontier Foundation, subscriber information requires the lowest legal bar for the government to access under the Stored Communications Act. The act explicitly permits the government to obtain this information with just a subpoena, which does not necessarily require judicial approval.
Regulatory Pressure Builds
Google publishes statistics every six months about the number of government requests it receives, but it does not specify the type of subpoena or the agency making the request. Law professor Megan Graham points out that the types of statistics Google has shared about government requests have changed over time, and that there is always a story to tell about the evolving nature of what Google thinks is important based on its analysis.
The release of these documents highlights the ongoing tension between the government's desire for information and tech companies' efforts to protect their users' privacy. As the government continues to request more information from tech companies, it is likely that this tension will only continue to grow.
