Google broke its promise to me – now ICE has my data (eff.org)

by Brajeshwar 765 comments 1711 points
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765 comments

[−] Jimmc414 29d ago
The First Amendment applies to everyone on US soil, not just citizens. That’s settled law. The government can revoke visas for legitimate immigration violations, but it’s not allowed to use immigration machinery as a pretext to punish political expression. That’s exactly what they are doing. It looks like the courts will eventually put an end to this [0] but it won’t reverse the damage that’s already been done.

I’m generally receptive to point the finger at Google’s intentions but in their defense, administrative subpoenas frequently include non disclosure orders. Google’s own transparency policies have always carved out (industry standard) exceptions for cases where they’re legally prohibited from notifying.

[0] https://evrimagaci.org/gpt/judge-rebukes-trump-over-student-...

[−] oceanplexian 29d ago
Technically incorrect, Supreme Court precedent has held that aliens are entitled to lesser First Amendment protections while seeking to enter the United States. You could be on US Soil (i.e. entering customs at an airport) and those protections don't apply.

The person in question said he was in Geneva when he received the email from Google. Therefore is a non-US citizen residing outside the country entitled to 1A protections for something they said or did while in the US? I'm not expressing an opinion but I wouldn't take that statement as legal advice.

[−] eurleif 29d ago
The linked Google policy states:

>We won’t give notice when legally prohibited under the terms of the request.

The post states that his lawyer has reviewed the subpoena, but doesn't mention whether or not it contained a non-disclosure order. That's an important detail to address if the claim is that Google acted against its own policy.

[−] keithnz 29d ago
weird everyone's focusing on privacy and google.... Not the actual insanity of a government targeting people who are legally allowed to be in the US.

You can try to find a way to keep things private, and many of the people on HN likely have the capability to do so. But hiding from your government because they are weaponizing your information against you seems to be the wrong approach. I just don't understand the American people just rolling over and letting their country / rights / freedoms just be obliterated.

[−] eaf7e281 29d ago
I still don't understand. Who gave ICE such power, and who is ordering them to do all this? To me, ICE's actions are similar to those of a private army.
[−] Ardren 29d ago

> While ICE “requested” that Google not notify Thomas Johnson, the request was not enforceable or mandated by a court

Sounds like Google stopped caring.

But... Why on earth do the people filing an administrative subpoena not have to notify the interested parties too? Why is it Google's responsibility? If they didn't tell you, would you ever find out?

[−] orbisvicis 29d ago
How was Amandla even identified? Stingray at the protest? Then how was the phone number linked to Google? Facial recognition at the protest? I guess his details are on file under terms of the visa? So then the government simply asks Google for all details on the individual by name? Either is pretty disturbing.
[−] jfoworjf 29d ago
This story is the one that finally pushed me to leave google. I moved off my ~20 year old Google account and deleted everything off their services including almost a decade of Google photos. I cancelled my Google one subscription for extra space. I'm now self hosting what I can and paying proton mail for everything else. I refuse to allow a company that will hand over data at the request of an administrative warrant to hold my data.
[−] chriscrisby 29d ago
He disrupted a career fair because it had defense contractors.

https://www.theguardian.com/commentisfree/2025/oct/05/palest...

[−] WalterBright 29d ago
I simply assume that everything that travels out of my home through a wire gets tracked and stored by the government.

Everywhere you go, if your phone is in your pocket, you are being tracked and stored, and available to the government.

Everywhere your car goes, is tracked and stored and available to the government.

BTW, the J6 protesters were all tracked and identified by their cell phone data.

[−] diego_moita 29d ago
Does anyone remember when western nations were freaking out that Huawei would handle everybody personal data to the Chinese government?

Now, please tell me that American companies are better at privacy than the Chinese ones.

Btw, some alternative email providers in truly democratic countries:

* ProtonMail (Switzerland)

* TutaMail, Posteo, Mailbox.org and Eclipso (Germany)

* Runbox (Norway)

* Mailfence (Belgium)

[−] jmward01 29d ago
Privacy, technology and actual freedom overlap massively. Stories like this making it to HN are important since many of the people working at Google that had interactions with this, either by creating the tech or being aware of internal policy changes, read HN. Additionally many founders and decision makers in companies read these stories because it hit HN. Knowing that Google will do this changes your legal calculations. Should I trust them to store my company's data? Will they honor their BAA requirements if they are ditching other promises they made?

People may be tired of seeing stories like this appear on HN, but getting this story exposure to this group is exactly why they need to hit the homepage.

[−] ihaveajob 29d ago
"Don't be evil" they used to say.
[−] 440bx 29d ago
Promises are broken, policies are changed and political regimes vary. You need to make sure that you consider the future and not just now. And that means NEVER handing your data over in the first place.
[−] advael 29d ago
It's insane to trust a company in the way you trust a person. Companies can change their terms of service, their policies, or even their entire ownership or leadership at any time. We have seen over and over again that companies are seldom held accountable for even explicit breaches of prior agreements unless there's either collective action or someone very powerful affected. The only way to trust a company not to leak your data is for them not to have it. The only way to trust a company not to break their product or exploit you with it is for this not to be possible.
[−] lacoolj 29d ago
I would love more information.

What exactly did the request for information say from DHS? What exactly was the reason for them to look for you specifically (certainly there are many others protesting)? Following up on that, how do others avoid something like this? What red flags should be avoided and how?

There may or may not be a solid answer for any of this. But this article feels like it's made for awareness, when it could also be made for action, with the right details included.

[−] jiveturkey 29d ago

> That notice is meant to provide a chance to challenge the request.

That's the author's interpretation. The promise doesn't indicate anything of the sort (as of this writing). And users cannot challenge these requests -- users don't own the data (in the US). The promise is very clear that Google will provide the data, if the request is compliant.

Now the text of the notification was past tense, that the information was provided, whereas the promise is crystal clear that Google will notify before providing the info, but to me that could amount to a simplification of "we have verified that the request is legally compliant and will be providing the info to them in 250 ms".

Don't get me wrong, I'm not on Google's side. I'm a huge privacy nut. But the fix is to not give your info to Google, not trust that they will abide by any policy. Especially in a case like this where your freedom is at risk. Most people are completely unaware and unthinking but this guy seems that he was fully aware and placed his trust in Google.

[−] woodydesign 29d ago
Every time this happens the debate goes the same way — trust Google or don't, switch to Proton, self-host everything. But the real issue I believe isn't whether we trust Google. It's that the data existed somewhere it could be taken from in the first place.

I've been thinking about this a lot while working on a side project. I ended up making it work entirely offline — no server, no account, no network calls. Not out of paranoia, just because I couldn't come up with a good reason to ask users to trust me with their data. Turns out the best privacy policy is just not having anyone's data.

[−] goosejuice 29d ago
We could and should have better privacy laws, though foreigners will always be subject to less protection.

That said, a lot of this comes down to a failure in education around privacy and the cultural norm around folks thinking they have nothing to hide. The intuition most people have around privacy, and security, is incredibly poor.

[−] Gasp0de 29d ago
It's ironic that the country that screams freedom loudest is actually not that free after all.
[−] benterix 29d ago

> Am I now a marked individual? Will I face heightened scrutiny if I continue my reporting? Can I travel safely to see family in the Caribbean?

As difficult as it sounds, we need to wait this crazy dude out, and do our best Vance doesn't take over.

[−] enaaem 29d ago
What's up with America not allowing any critique on Israel-a foreign state?
[−] paulddraper 29d ago
The author not say whether the subpoena prevented advance notification.

The Google policy he linked to says:

> We won’t give notice when legally prohibited under the terms of the request. We’ll provide notice after a legal prohibition is lifted.

[−] radicaldreamer 29d ago
This is why E2E encryption is important
[−] tsoukase 29d ago
This incident validates the opinion that for an US citizen, it's better to hand over his private data to a foreign (read Chinese) cloud company than a US one.
[−] nullc 29d ago
It's not just ICE that can abuse subpoena to get your data-- scammers and other fraudsters can file a federal lawsuit against a bunch of John Does and then run around issuing subponea for records to attempt to uncover their identities.

There appears to be no defense against this beyond not allowing companies access to your data in the first place.

[−] dotcoma 29d ago
Google broke its promise… and the drunken sailor that I met last night who told me he loved me did not text back…
[−] fblp 29d ago
Has Apple done this? Trying to figure out a safe place to store photos in the cloud without having to self host.
[−] hypeatei 29d ago
The fact that they complied with an administrative subpoena makes it so much worse. "Administrative" anything essentially has about as much value as toilet paper unless it goes to court and the judge agrees with whatever agency wrote it.
[−] cdrnsf 29d ago
The best time to ditch Google was years ago. The next best time is now.
[−] slowhadoken 29d ago
Obama set the record for deportation. I wonder if ICE used similar methods when he was president. There might be a roadmap for digital invasion of privacy going back that far.
[−] rbbydotdev 29d ago

> ...he briefly attended a pro-Palestinian protest. In April 2025, Immigration and Customs Enforcement (ICE) sent Google an administrative subpoena requesting his data.

incredible.

[−] pino83 29d ago
My simplified model always was: If you give it to Google (or MS, Amazon, Meta, ...) you basically already gave it to all these agencies.

Was that ever wrong?

[−] speedgoose 29d ago
I used to joke that by using Google products, the NSA backups my data, but I’m not sure I like ICE having access to my YouTube history.
[−] ilaksh 29d ago
It's definitely important to fight all the key battles including against companies like Google, but the root of the problem is the government. I would suggest that it 's worse than any particular government. At a fundamental international level, we don't truly have a civil society. Things operate on a strategic and often criminal basis. And there is a strangely prevalent pervasiveness of ethnic hatred and tribalism. And a fundamental lack of respect for human life.
[−] robrecord 29d ago
"Who, exactly, can I hold accountable?" Yourself. Don't trust Google, or anyone with big money and influence.
[−] normal-person 29d ago
He was banned from the Cornell Campus for participating in a violent demonstration, inciting violence against Jews.

It's very much not clear whether he is in a legal right or not. And no other country besides Western liberal democracies would allow anything like this. Certainly many Muslim countries do not allow it.

As an aside, a pro-Palestinian African is a laugh. Do you think Palestinians give the slightest damn about black African's plight?

[−] SapporoChris 29d ago
When visiting other countries never take part in protests. Avoid areas where protests are likely to occur, travel advisories sometimes explicitly point out areas. It is probably best to avoid anything political.

"In September 2024, Amandla Thomas-Johnson was a Ph.D. candidate studying in the U.S. on a student visa when he briefly attended a pro-Palestinian protest."

[−] anonym29 29d ago
A promise from google isn't worth the pixels it's presented on.
[−] deIeted 29d ago

> for breaking that promise

eff are a joke "they pinky swore!"

[−] exiguus 29d ago
Still waiting for the story that apple does the same.
[−] LightBug1 29d ago
"You either die a hero or you live long enough to see yourself become the villain" - Larry Page, Sergey Brin, Eric Schmidt - chanting to each other after a round of ayahuasca.
[−] satonakamoto 29d ago
If you live in the United States, use Russian email services; if you are in Russia, use Chinese email services; if you are in China, use Gmail
[−] cycomanic 29d ago
It's fascinating to watch the absolute dishonesty/mental gymnastics of all the free speech absolutists who were crying that they could not say what they want on other people's platforms just a few years ago. Now they are justifying actions by the state (against whom the free speech protection was designed), with reasons like there were people at the protests who hurt a police officers feelings by shouting something mean. Let's remember this is the regime which pardoned people actively engaging in violence at the Capitol.
[−] convolvatron 29d ago
an apropos bit from the NYT today:

President Trump pressured House Republicans on Wednesday to extend a high-profile warrantless surveillance law without changes, declaring on social media: “I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!”

Mr. Trump urged the G.O.P. to “unify” behind Speaker Mike Johnson for a critical procedural vote that had been scheduled for late Wednesday night. The vote would clear the way for House approval of a bill extending a major section of the Foreign Intelligence Surveillance Act, or FISA. The law is set to expire on April 20.

The statute, known as Section 702, permits the government to collect the messages of foreigners abroad without a warrant from American companies like Google — even if the targets are communicating with Americans.

[−] aussieguy1234 29d ago
If Trump was able to imprison other political opponents who were not immigrants, he would do it.

Take this as a warning.

[−] einpoklum 29d ago
Unfortunately, "Google let the government have my private data" is right up there with "President Trump said one thing yesterday, and now he's saying the exact opposite" in the what-did-you-expect hall-of-fame.
[−] 1vuio0pswjnm7 29d ago
What's interesting to me about this submission is that the author believes this policy document contains a "promise"

https://policies.google.com/terms/information-requests?hl=en...

I cannot find any promises in that document nor would I expect to find any. It's a policy not an agreement

At best, the policy contains "representations"

The author might claim he was deceived by misrepresentations, and this deception had consequences for him, amounting to measurable harm

But proving these statements about Google's internal operations are false is difficult. Proving Google's intent in making them is even more difficult

It's incorrect to interpret a "policy" comprising statements about what Google allegedly does internally as an agreement to do anything in the future

Promises can be enforced through the legal process. Generally, Silicon Valley's so-called "tech" companies do not make "promises" to users that can be enforced. Imagine what would happen if they did