The Department of Justice (DoJ) has demanded detailed records for every visitor to a website that was used to organize an anti-Trump protest. The request covers IP addresses, contact information, email content and even photographs.
DreamHost, the web hosting company that manages the site, has refused to comply with the DoJ’s request and will appear in court later this month to contest the order.
In its motion to the Superior Court of the District of Columbia, the DoJ argued the site “was used in the development, planning, advertisement and organisation of a violent riot that occurred in Washington DC on January 20, 2017.” The site at the center of the dispute is disruptj20.org.
What remains unclear is why the DoJ is seeking the IP addresses and other details for all visitors to the site. Many people who visited the site may have done so accidentally, for research, or to exercise their right to lawful political speech—none of which constitute crimes. Logging every visitor’s data risks sweeping up innocents along with any individuals under investigation.
The request covers roughly 1.3 million visitors, whose identifying information the DoJ is seeking. DreamHost’s motion to the court notes that, while the agency has indicated it is searching for a “particular customer,” that assertion does not explain why records for such a large number of users are necessary.
A highly untargeted demand
In a company statement published on its blog, DreamHost said it regularly receives valid search warrants it complies with, but that it is challenging this one because of its extraordinary scope. Chris Ghazarian, DreamHost’s general counsel, objected to what he called “a highly untargeted demand that chills free association and the right of free speech afforded by the Constitution.”
DreamHost warned that the information sought could identify individuals who used the site to express political views protected by the First Amendment, and said that should raise alarm.
After DreamHost requested clarification about why such a broad set of records was required, the company says the DoJ instead filed a motion asking the court to compel DreamHost to turn over the records. A hearing is scheduled for August 18th.
The Electronic Frontier Foundation (EFF) criticized the warrant’s breadth as well, stating that “no plausible explanation exists for a search warrant of this breadth, other than to cast a digital dragnet as broadly as possible.” Civil liberties advocates argue such a sweeping request threatens privacy and free-speech protections.
DreamHost maintains it will defend user privacy and challenge the order in court. If the company prevails, the records of millions of visitors may remain protected. If it loses, however, a large set of user data could be handed over to investigators, potentially subjecting many people to scrutiny despite having done nothing illegal.
We will continue to follow developments in the case and provide updates as new information becomes available.
The DreamHost filing referenced in this report is available on the company’s blog in PDF form.
Are you concerned by the DoJ’s demands? Share your thoughts in the comments.