Platforms bend over backward to help DHS censor ICE critics, advocates say

Platforms could face backlash from users if lawsuits expose their communications to the government, a possibility in the coming months. Last fall, the EFF sued after DOJ, DHS, ICE, and Customs and Border Patrol failed to respond to Freedom of Information Act requests seeking emails between the government and platforms about takedown demands. Other lawsuits may surface emails in discovery. In the coming weeks, a judge will set a schedule for EFF’s litigation.

“The nature and content of the Defendants’ communications with these technology companies” is “critical for determining whether they crossed the line from governmental cajoling to unconstitutional coercion,” EFF’s complaint said.

EFF Senior Staff Attorney Mario Trujillo told Ars that the EFF is confident it can win the fight to expose government demands, but like most FOIA lawsuits, the case is expected to move slowly. That’s unfortunate, he said, because ICE activity is escalating, and delays in addressing these concerns could irreparably harm speech at a pivotal moment.