DHS Secretly Snoop on Journalists with Obscure Customs Law
· curiosity
Shadow Surveillance: The Unchecked Power of DHS’s Customs Law Loophole
The Department of Homeland Security (DHS) has been using an obscure law to secretly obtain private information from journalists, non-profits, and unions. The law in question is 19 USC 1509, which grants the DHS broad power to inspect records for customs imports.
On its surface, this provision seems intended to enforce trade regulations by ensuring duties and taxes are accurately levied on imported items. However, recent months have shown that the DHS has been using it as a means to obtain private information without judicial oversight. In one notable instance, the government obtained six months of telephone records for Georgia Fort, a Minneapolis journalist, without her knowledge or consent.
This trend raises serious concerns about government overreach and judicial independence. The implications are far-reaching: this is not just about journalists; it’s about the fundamental right to privacy in the digital age. The DHS’s actions suggest that they believe themselves above the law, using their authority to bypass judicial scrutiny and intimidate companies into handing over sensitive information.
In February, federal prosecutors sought search warrants for account information on journalists Don Lemon and Georgia Fort but were rebuffed by a judge who ruled that they had failed to establish probable cause of a crime. Rather than respecting the court’s decision, the government used an administrative summons to obtain the same information without needing judicial approval. This is not an isolated incident; over the past few months, the DHS has issued more than 1,500 summonses under section 1509.
Critics argue that this is an improper use of the subpoena power and undermines the safeguards enshrined in the US Constitution’s fourth amendment. Chris Duncan, a former lawyer at the DHS, noted, “These laws have absolutely nothing to do with a domestic situation at a church, a social media post, or even an immigration matter.” Caitlin Vogus, a senior adviser at the Freedom of Press Foundation, added that this use of section 1509 circumvents judicial oversight and raises serious questions about the Department’s motivations.
The episode in Minnesota was particularly egregious because it appeared to be an end run around a judge who was skeptical of the government’s need for the information. Furthermore, T-Mobile handed over Fort’s phone records without notification, which can be used to uncover a journalist’s confidential sources and put a chilling effect on free speech.
In light of these revelations, the DHS must provide transparency into its use of section 1509 and explain why it believes this law allows them to bypass judicial oversight. Congress should also take action to reform the customs law and ensure that it is used only for its intended purpose – enforcing trade regulations. The American people have a right to know what their government is doing in their name, and the DHS’s actions are a stark reminder of the dangers of unchecked power and the importance of a free press in holding those in authority accountable.
Reader Views
- HVHenry V. · history buff
It's time for historians like myself to sound the alarm about government overreach. This misuse of 19 USC 1509 is reminiscent of British customs officials under King George III, who often used "impressment" laws to target suspected dissenters and critics of the crown. Today's DHS seems similarly intent on using these obscure powers to intimidate journalists and others into silence. But what about the chilling effect this has on sources and whistleblowers? With the government able to access six months' worth of phone records without due process, how can we expect anyone to risk coming forward with information that might embarrass or incriminate our rulers?
- ILIris L. · curator
The DHS's reliance on 19 USC 1509 is a perfect example of how our nation's most powerful agencies exploit loopholes in the law to skirt accountability. What's equally alarming is that these actions are being carried out without any real oversight – not just from Congress, but also from state legislatures, who often fail to scrutinize the customs laws they themselves enact. Until we acknowledge the extent to which federal agencies have quietly subverted our democratic institutions, this trend will only continue to erode the very foundation of a free press.
- TAThe Archive Desk · editorial
The DHS's exploitation of 19 USC 1509 highlights a more insidious issue: the growing trend of administrative overreach in our national security apparatus. While the article correctly identifies this as an abuse of power, it glosses over the root cause – the increasing normalization of executive-branch fiat in our legal system. Without strong checks on these agencies' actions, we risk sacrificing essential safeguards like due process and judicial oversight for the sake of expediency. This is a slippery slope that threatens not just journalists, but all Americans who value their rights to privacy and transparency.