Comment by softwaredoug
11 hours ago
> In several cases, the DHS has withdrawn a 1509 summons after it was challenged in court and before a judge could rule on its legality. That may be a deliberate strategy to avoid having a judge rule on the legality of the summons.
They have a toy, they’re increasingly abusing it, then trying to dodge from it being taken away.
The thing is nobody has to comply with 1509 summons, DHS has to go to court to enforce it. A lot of the fault is on a company that complies without just ignoring it.
> The thing is nobody has to comply with 1509 summons, DHS has to go to court to enforce it.
You're not wrong, but companies such as Google make business decisions, not moral decisions. It's far easier and cheaper for them to comply, while there is basically no incentive for them to fight the summons. Especially given the current administration's proven record of taking retaliation against anyone who stands in their way.
If you want companies to behave in the interest of the general public, you need to create an incentive structure that supports that.
Wouldn't the affected individual be able to sue the provider at least in some cases? From what I understand e.g. Stored Communications Act might allow suing T-Mobile in this case, at least if the individual isn't covered by binding arbitration. And possibly even government under 18 U.S.C. §2712.
Of course then it's up to judge to determine if the request was valid or not.
>Wouldn't the affected individual be able to sue the provider at least in some cases?
And lose time and money, which they also likely don't have?
1 reply →
> least if the individual isn't covered by binding arbitration
But binding arbitration is pretty standard in terms of service.
1 reply →
The OP contradicts your theory:
"In Fort’s case, Google did not comply with the summons for any of the accounts. The company responded to the DHS by saying it had not offered evidence of how it was related to a customs investigation."
> companies such as Google make business decisions, not moral decisions
The world is more complicated than that; they make both kinds of decisions and many decisions aren't clearly in one basket or the other. Humans don't biologically change to amoral creatures when they pull into the office parking lot (despite theories to the contrary or attempts to encourage it), nor are they absolved of human responsibility when doing things for which they are paid.
> human responsibility
Not sure what this means. I think you meant to write "fiduciary duty": the company's board have an affirmative legal obligation to act in the interest of stockholders, regardless of moral impact.
6 replies →
The system in which those companies exist is explicitly designed though to strip away any humanity or moral qualms as much as possible. Dividing it on the shoulders of many people, making nobody in particular feel responsible for the damages themselves. Gaslighting employees into thinking they are doing the "lesser evil" or something. Just following commans of their boss.
1 reply →
> You're not wrong, but companies such as Google make business decisions, not moral decisions. It's far easier and cheaper for them to comply
From the space between the lines in the article, it seems pretty clear that Google denied the request, and its employees were the source for the claim being reported at all. Yes, they absolutely could be evil in principle. They appear to have been good in practice.
And in times of extremis like this, maybe it's important to call out those little victories and find allies where you can. Even if you happen to be a HN Apple stan.
> there is basically no incentive for them to fight the summons
Ehhh, seems to me a cloud provider that wants to back up my documents, communications, photos, passkeys etc has a very strong business case for ensuring the data is as safe with them as they would be in my own home.
They have an incentive to maintain a perception that it is at least as safe with them as any of their competitors. That isn't quite the same thing as having an incentive to protect your privacy.
Sweet summer child.
> They have a toy, they’re increasingly abusing it, then trying to dodge from it being taken away.
This isn't uncommon - this is how NY deals with any compelling case involving their infringing gun control statutes. If a defendant has money and no other meaningful charges, they tend to just dismiss and moot the issue rather than risk a finding of unconstitutionality.