Federal investigators have ordered Google to provide information on all viewers of select YouTube videos in multiple court orders obtained by Forbes. Privacy experts believe these orders are unconstitutional as they could turn innocent YouTube viewers into criminal suspects. One case from Kentucky involved undercover cops seeking to identify the individual behind the online moniker “elonmuskwhm,” who they suspect of selling bitcoin for cash, potentially breaking money laundering laws.
The undercover agents sent links of YouTube tutorials for mapping via drones and augmented reality software to the user in question, then asked Google for information on who had viewed the videos. The court orders required Google to provide the names, addresses, telephone numbers, and user activity of all Google account users who accessed the videos between January 1 and January 8, 2023. Additionally, the government wanted the IP addresses of non-Google account owners who viewed the videos, claiming the information would be relevant to an ongoing criminal investigation.
In another case from New Hampshire, threatening bomb threats led to federal investigators requesting information from Google on accounts that interacted with YouTube live streams. The Portsmouth Police received a threat about an explosive in a trashcan and learned they were being watched via a YouTube live stream camera associated with a local business. The requests for information extended to multiple YouTube videos, including one with 130,000 subscribers. It is unclear whether Google provided the data in these cases.
Google spokesperson Matt Bryant stated that the company has a process to protect the privacy and constitutional rights of users while supporting law enforcement. He mentioned that Google pushes back against overbroad or inappropriate demands for user data. Privacy experts argue that these orders threaten free speech and freedom from unreasonable searches, violating protections in the 1st and 4th Amendments. They express concern about the government transforming search warrants into digital dragnets and call for judicial intervention to stop such practices.
Privacy experts compare the orders to geofence warrants, where Google has been ordered to provide data on all users in the vicinity of a crime. Google recently announced an update to make it technically impossible to respond to geofence orders. Experts argue that what people watch online can reveal sensitive information about their beliefs, politics, and more. They emphasize the importance of law enforcement having probable cause before accessing such information and express concern about the erosion of privacy rights in the digital age.
The Justice Department had not responded to requests for comment on the matter at the time of publication. The orders received criticism from civil rights groups and privacy experts, who view them as a threat to constitutional rights and privacy protections. With concerns about the potential for innocent viewers to be targeted as criminal suspects based on their online activity, the issue raises important questions about the balance between law enforcement needs and individual privacy rights in the digital age.
