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EFF's letter offers more details and says that the subpoena did not contain a gag order: https://www.eff.org/files/2026/04/13/eff_letter_re_google_no...
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Well it did contain a request to not notify according to that same letter. I suppose that brings up several questions.

1. Does that mean the same thing in the ToS?

2. How valid are these requests?

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I'm very curious about this.

Google knows users care about their privacy, and it made the promise in its terms precisely for that reason. People pay attention to this stuff, as the popularity of this story shows.

Therefore, it's generally not going to be in Google's interest to break its own terms.

So what's going on? Did a Google employee simply mess up? Is the reporting not accurate or missing key details, e.g. Google truly is legally prohibited? Or is there some evidence that the Trump administration was putting pressure on Google, e.g. threatening to withhold some contract if this particular person were notified, or if Google continued notifying users belonging to some particular category of subpoenas?

Because Google isn't breaking its own terms just for funsies. There's more to this story, but unfortunately it's not clear what.

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[delayed]
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> Google knows users care about their privacy, and it made the promise in its terms precisely for that reason. People pay attention to this stuff, as the popularity of this story shows.

Does it know? And do users really care? Popularity on HN isn't popularity everywhere.

I'd wager most people don't care enough to move away from Gmail.

But even if they did, unfortunately this isn't the only variable a business is solving for. Corporations will generally just pick between the least unprofitable of two evils, not the lesser of.

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It's quite possible that google is more afraid of what will happen if they resist ICE than they are of bad publicity like this.
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A gag order would be from a judge. There would be severe penalties if a party breaks a gag order. A request not to notify is just a request; it has zero legal standing and there would be zero repercussions to ignoring it.
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Administrative subpoenas are tenuous at best, but in the absence of an actual court order, words from ICE attorneys or officers saying "You are ordered not to disclose the details of this subpoena" have no actual weight in law.
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This exactly. It's like everyone is assuming whatever ICE ordered Google to do was completely lawful. Even if this administration was a tightly run ship, when an agency gets a massive funding increase and daily quotas to hit like ICE did, all bets are off and you should never give them the benefit of the doubt. Obviously when the DHS secretary is calling American protesters domestic terrorists, cosplaying as a cop, and spending $200M+ on ads that feature herself, then you definitely give maximum scrutiny to everything that agency is doing/did.
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Cited elsewhere in this thread. [1]

> First, numerous other individuals have challenged recent administrative subpoenas in court after receiving notice, and the Department of Homeland Security has withdrawn those subpoenas before reaching a court decision.

They don't want a ruling against them.

> [The subpoena would have been quashed because] there are facial deficiencies in the subpoena, including that the subpoena is missing a “Title of Proceeding.”

[1]: https://www.eff.org/files/2026/04/13/eff_letter_re_google_no...

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The article pointed this out as well, but notably did not state that Google had in fact received an administrative subpoena.
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From the article

> In April 2025, Immigration and Customs Enforcement (ICE) sent Google an administrative subpoena requesting his data.

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fta

> 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. In April 2025, Immigration and Customs Enforcement (ICE) sent Google an administrative subpoena requesting his data.

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According to the ACLU [1]:

> This document explains two key ways that recipients can resist immigration administrative subpoenas: First, any gag order in these subpoenas has no legal effect; you are free to publicize them and inform the target of the subpoena. Second, you do not have to comply with the subpoena at all, unless ICE goes to court—where you can raise a number of possible objections—and the court orders compliance.

[1]: https://www.acluofnorthcarolina.org/app/uploads/drupal/sites...

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The next question is, who likes paying legal fees?
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Is the ACLU offering to pay your legal bills or participate in your defense along with that legal advice that they're offering?
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How is that relevant?
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It's relevant if you follow their legal advice and the government decides to pursue a case against you.

Even if you're in the right, defending yourself in a legal proceeding is expensive. You need a checkbook that can back up your confidence in what they're telling you. And sure, Google has that money, but they're also fighting off half of congress trying to break up their business.

It's in their best interests to do whatever the DoJ asks of them.

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[flagged]
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Weird take. When it comes to trying to compel tech companies to not be evil, trying to use legal precedent for crimes you can charge them with is usually difficult and turns into a semantic debate. I think what's more important is that we recognize when people and companies abuse power to do evil things, regardless of what legal precedent or written corporate policy is relevant. These companies act exactly as evil as they can possibly get away with without pushing us to other products and services.
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Frankly I trust the EFF more than anyone else in this situation/conversation. So I will assume there is a very clear basis.

I don’t know what you mean by “activism narrative” but the EFF has been fighting for your digital rights for many, many years. It reads like you consider their work disingenuous, but I can tell you from firsthand experience it is not. They deserve less skepticism than you’re giving them.

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John Perry Barlow‘S EFF surely did, but are you sure you can trust Nicole Orze’s EFF to fight for your rights if one of your sympathies doesn’t align with current California’s sensibilities? https://www.linkedin.com/in/nicoleozer
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This is just a link to her LinkedIn. I don’t understand what I’m supposed to be looking for.
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She is a lawyer from California and educated at Berkeley. What are the chances she thinks you are a Nazi for something like driving a Tesla? I bet that are much higher than zero. And since the EFF doesn’t defend “Nazis” you are out of luck.

You might think I am being prejudiced, but she already dropped EFF Twitter/X account, the one with more views per post than any other social media, claiming it didn’t had enough impact.

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