The DOJ's opaque subpoena of Apple during the Russia probe highlights the tension tech companies face in obliging law enforcement and protecting users' privacy

Apple, Google and Microsoft have been plunged into a political firestorm as they have contended with law enforcement requests to hand over information.

New York Times 2021-06-12

Context & Ripple Effects

Apple's disclosure followed a DOJ demand for House Democrats' data in the Russia leak investigation, but a gag order prevented the company from notifying the affected lawmakers until 2021. The episode revives an older constraint: Apple had previously said it could not satisfy a DOJ order for real-time iMessage access.

First-order effects

Apple faces political and privacy scrutiny for complying with a request whose targets it says it did not know, while the lawmakers learn only after the gag order ends.
Microsoft, which also received and complied with a similar subpoena, is drawn into the same conflict between legal compliance and customer trust.

Second-order effects

Apple, Google and Microsoft have added pressure to explain what information they can provide, what legal process they require, and when secrecy orders prevent user notice.
Differences in providers' disclosure standards become more consequential: later coverage says Apple permits subpoenas for an Apple ID tied to a push-notification token, while Google requires a court order.

Third-order effects

The dispute points toward user-data access becoming a governance and reputation issue for cloud platforms, not solely a back-office legal-compliance function.
If opaque requests and delayed notification persist, providers' published law-enforcement rules will become a key boundary for how users and public officials assess privacy protections.

The trend: Major platforms are being pushed to make law-enforcement disclosure practices more legible as secrecy orders collide with expectations of user privacy and political accountability.

Discussion

Vox Rebecca Heilweil on x
The Trump administration forced Apple to turn over lawmakers' data. Democrats are outraged.
@zackwhittaker Zack Whittaker on x
Apple statement re: Trump DOJ demanding metadata for House Intel members. Apple said the grand jury subpoena had a gag order & gave “no information” about the nature of the investigation & would've been “virtually impossible” to know without digging through users' accounts. https…
@justiceoig Justice Oig on x
Department of Justice Inspector General Michael E. Horowitz announced today the initiation of a Review of the DOJ's Use of Subpoenas & Other Legal Authorities to Obtain Communication Records of Members of Congress and Affiliated Persons, and the News Media https://oig.justice.gov…
@jacknicas Jack Nicas on x
Apple did not realize that data on two Democratic lawmakers was part of a request by the Trump Justice Department. It was handled by a paralegal like a routine request. https://www.nytimes.com/...
@repadamschiff Adam Schiff on x
We need a full accounting of the Trump DOJ's abuse of power targeting Congress and the press. An IG investigation is just the start. The full range of the misconduct must be examined, including Barr's efforts to protect those who lied to cover up, and go after Trump's enemies.
@ktbenner Katie Benner on x
As part of Trump era leak probes, DOJ got data from Apple belonging to Adam Schiff and other Democrats on House Intel. The Justice Department this May refused to tell Schiff whether any Republicans were investigated w.@npfandos @nytmike @adamgoldmanNYT https://www.nytimes.com/...
@matthew_d_green Matthew Green on x
Also, I understand the legal situation. But imagine being a lawyer and knowing that the White House is spying on the House Intelligence Committee, but being duty bound to keep that secret for three years.
@harleyrouda Harley Rouda on x
The Trump DOJ was sifting through the emails and phone calls of Democratic politicians while refusing our legitimate oversight requests. Want government to work better? Congress needs to be able to conduct real oversight. https://www.cnn.com/...
@matthew_d_green Matthew Green on x
Good reporting on why: https://www.google.com/...
@matthew_d_green Matthew Green on x
This is how our country works now, and (very probably) will again in the future. https://twitter.com/...
@kendilaniannbc Ken Dilanian on x
One of the interesting things about this Apple statement, and another one by Microsoft, is that both firms decry the DOJ gag order that prevented them from revealing this records demand—but neither mentions going to court to challenge it. https://twitter.com/...
@shiraovide Shira Ovide on x
This is your regular reminder that a tiny number of giant tech and telecom companies are in a position to protect us from government overreach. Or not protect us. https://www.nytimes.com/...
@alexlindsay @alexlindsay on x
@philiped Apple has never protected the cloud or metadata... they have always protected access to the phone itself. I'm constantly amazed that people can't get their heads around that. There's no contraction here... just click bait.
@senschumer Chuck Schumer on x
A gross abuse of power. An assault on the separation of powers. Barr, Sessions, and other officials involved must testify before the Senate Judiciary Committee under oath. If they refuse—they are subject to being subpoenaed and compelled to testify. https://www.nytimes.com/...
@migueldeicaza Miguel de Icaza on x
I retweeted this morning, but didn't look like a thread. The quoted thread covers weaponization of the DOJ, Apple's failure and fear of encrypting iCloud and Watergate-style political espionage of opposition: https://twitter.com/...
@hshaban Hamza Shaban on x
An unsettling detail about tech giants challenging the government when it asks for people's data in some cases and handing it over in others. In a surveillance regime that lacks transparency, individuals have fewer protections than corporate clients NYT: https://www.nytimes.com/.…
@matthew_d_green Matthew Green on x
“But iMessage is end-to-end encrypted!” https://twitter.com/...
@axios @axios on x
BREAKING: DOJ Inspector General Michael Horowitz announced the opening of an internal probe into the department's Trump-era secret subpoenas against Apple for data belonging to House Democrats. https://www.axios.com/...
@kfury @kfury on x
I'm very curious about how Apple let them know. A legal letter/email, or a ‘hey, so... we need to tell you something’ phone call? https://twitter.com/... https://twitter.com/...
@matthew_d_green Matthew Green on x
Quick reminder: Apple could fix this in a heartbeat by adding an “end to end encryption for iCloud backup” setting (the tech is already in place), but they don't. Even for those who want it.
@mkraju Manu Raju on x
Swalwell confirms he was the second House member whose records were seized by DOJ. (Schiff the other.) “I was notified by Apple that they did seize my records,” he says on CNN https://www.cnn.com/...
@simonwdc Simon Rosenberg on x
Spent some time during this period trying to improve cyber security of Dem House Members and staff because we were worried about Russian hacking, exploitation to help Trump. Turns out it Trump just used the US Govt to do it. https://twitter.com/...
@matthew_d_green Matthew Green on x
Also I think it's amazing that in five years we've gone from “if you haven't committed a crime you don't need encryption” to “US opposition lawmakers have their texts searched.”
@joyannreid Joy-Ann on x
What kind of rancid old Soviet Hell is this??? A bomb of a @nytimes scoop: https://www.nytimes.com/... https://twitter.com/...
@katiephang Katie S. Phang on x
Barr's DOJ = Trump's Secret Police https://www.nytimes.com/...
@eliehonig Elie Honig on x
One particularly disturbing aspect of this case, and the media subpoena cases: gag orders that expired only now, months later, once Trump, Barr and the rest are already gone. https://www.nytimes.com/...
@kylegriffin1 Kyle Griffin on x
NYT: All told, the records of at least a dozen people tied to the committee were seized in 2017 and early 2018 by the Trump admin, including those of Rep. Adam Schiff. https://twitter.com/...
@rgoodlaw Ryan Goodman on x
Bill Barr “moved a trusted prosecutor from New Jersey with little relevant experience to the main Justice Department to work on the Schiff-related case.” “Mr. Benvenuto [is] still at the Justice Department.” https://www.nytimes.com/...
@carnage4life Dare Obasanjo on x
Google fought the Trump administration's attempt to get data on reporters. Apple rolled over to provide data about members of Congress. If you define privacy as blocking targeted ads, Apple is a hero. Protecting customers from authoritarians? Not so much https://www.nytimes.com/.…
@mzhemingway Mollie on x
As CNN knows very, very well, Swalwell is rumored to be an even bigger leaker than Schiff. CNN worked as co-conspirators in distributing Democrats' many damaging lies about Trump-Russia collusion. https://twitter.com/...
@uncle_sugar_ @uncle_sugar_ on x
Pretty cut and dry right here, the abuse of power, clear and obvious, only learned because Apple was finally allowed to share it after the gag order was lifted by DOJ. It's time to clean house, no one involved with these abuses should work at DOJ. They subpoenaed their children! …
@realshawneib C. Shawn Eib on x
This story is about the DOJ issuing the subpoenas and gag orders in the first place. Apple did exactly what their iCloud and privacy policies say they will do in the event they're served with a subpoena. They don't turn over data they don't have the keys to. 2/

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