
The Department of Homeland Security (DHS) has come under scrutiny after attempting to acquire location data, activity logs, and other personal information from Google regarding a Canadian individual who publicly criticized the Trump administration. This criticism followed the controversial actions of federal immigration agents in Minneapolis that resulted in the deaths of Renee Good and Alex Pretti earlier this year. The unnamed Canadian man has not set foot in the United States for over a decade, raising significant concerns among his legal representatives. Michael Perloff, a senior staff attorney with the American Civil Liberties Union (ACLU) of the District of Columbia, is representing him in a lawsuit against DHS Secretary Markwayne Mullin. Perloff expressed alarm over the government’s aggressive pursuit of information, stating, "I don’t know what the government knows about our client’s residence, but it’s clear that the government isn’t stopping to find out." The lawsuit claims that DHS overstepped its authority by invoking a customs law that permits the agency to request records from various entities. Perloff argues that the agency is exploiting the location of major tech firms in the U.S. to obtain data it could not otherwise access, emphasizing that the individual’s physical movements pertain to a person residing in Canada. DHS's demand for the Canadian's location data was formalized through a customs summons issued to Google. Such summonses are intended for inquiries related to the importation of goods and the collection of customs duties. Chris Duncan, a former assistant chief counsel for U.S. Customs and Border Protection, highlighted the original purpose of these summonses, stating, "It’s for records and testimony about the correctness of an entry, the liability of a person for duties, taxes, and fees, you know, compliance with basic customs laws. That’s all it was ever envisioned to be used for." As of now, both DHS and Google have not provided any comments regarding this situation.
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