blog home Criminal Defense Is the Government Monitoring Your Social Media Accounts?By Los Angeles Criminal Defense Attorney on April 25, 2022
Even when you use your privacy settings, your social media accounts are not totally private. In most cases, Facebook, Twitter, Instagram, and other social media companies will voluntarily share your information and personal messages with law enforcement agencies, whether they have a warrant or not.
Several agencies of the federal government routinely collect and examine millions of pieces of information from innocent Americans on a regular basis, all in the name of fighting terrorism. There is very little oversight for this activity.
In many cases, the government partners with private businesses to collect massive amounts of data, subjecting people’s personal information to unknown operators who could be using it for unscrupulous reasons.
A Lot of Agencies Are Watching
Government surveillance of the social media accounts of private citizens has skyrocket since the unrest on January 6, 2021. In the name of fighting terrorism, the FBI and Department of Homeland Security (DHS) routinely review the social media accounts of people with no prior criminal activity. These investigations can be initiated even when there is no factual basis for believing someone has committed a crime.
The DHS and FBI even use social media activity to monitor protest groups like Black Lives Matter, classifying them as “Black Identity Extremists.” People who provide legal and social assistance to Middle Eastern and South Asian immigrants have also had their social media accounts monitored by the government.
In many cases, the government agencies conducting these activities won’t even reveal their criteria for selecting the subjects of their investigations. Government surveillance of social media is rampant, and it includes the following agencies:
- U.S. Postal Service
- Social Security Administration
- U.S. Marshals Service
- IRS
- DEA
- ATF
- ICE
- FBI
- DHS
- U.S. State Department
- Office of Intelligence & Analysis
- Customs and Border Control
Who’s Looking at Your Personal Information?
The personal information you share with your friends and loved ones on social media is sometimes highly sensitive. It may include intimate details about your life, your personal and religious beliefs, your network of friends, your health, and your sexuality.
Social media information collected by the government is often shared among various departments and agencies. More disturbing, they may also share this information with foreign governments and private corporations.
The FBI recently signed a $27 million agreement with Babel X software. The private company will be using AI technology to scour millions of social media accounts based on key words that the government finds threatening.
A Huge Threat to Your Freedom
The collection of social media information by the government is largely unregulated. And it generally provides little practical information to investigators. In many ways, it’s like looking for a needle in a haystack. During testimony before the United States Senate, a former acting chief of DHS’s Office of Intelligence & Analysissaid:
Actual intent to carry out violence can be difficult to discern from the angry, hyperbolic — and constitutionally protected — speech and information commonly found on social media.
Unfortunately, this massive government surveillance goes largely unregulated, despite the fact that it poses a serious threat to our civil liberties, particularly the rights of free assembly and free speech guarded by the First Amendment, the prohibition against unreasonable searches covered by the Fourth Amendment, and the right to equal protection under the law covered by the Fourteenth Amendment of the United States Constitution.
World Class Criminal Defense Attorneys
If you are facing any type of federal prosecution, you’ll want to have a skilled attorney by your side. At Werksman Jackson & Quinn LLP, our legal team has considerable experience in federal court. We have earned a reputation for legal excellence and are proud of our many successes in criminal court cases.
Call us today at (213) 688-0460 to schedule a free case evaluation.
FAQs
The FBI, the State Department, and the Department of Homeland Security (DHS) are just some of the government agencies that routinely monitor social media platforms for a range of reasons, according to the Brennan Center for Justice.
Is the government monitoring my internet activity? ›
It can be accessed by government agencies either through legal requests or as part of intelligence-gathering efforts. Does the internet provider know the websites visited? No doubt, and keeps it for later. Legal requests are commonly known as subpoenas, warrants, and court orders.
Why is the government watching me? ›
A primary objective of government surveillance is said to be crime and terrorism prevention. By monitoring communications and analyzing data, governments can identify potential threats and intervene before they escalate into actual incidents.
Do police monitor social media? ›
Americans' use of social media generates troves of detailed data about their personal, political, and religious beliefs and associations. Law enforcement's use of this data is widespread. Some police departments use software designed to monitor large numbers of users.
Can police check your social media messages? ›
Search warrant requirements – Generally, CalECPA requires law enforcement to obtain a search warrant issued by a judge based on probable cause before accessing the content of electronic communications or electronic devices.
How do you know if your internet is being monitored? ›
If your computer is experiencing unexplained network activity such as high data uploads or downloads when you're not using the internet, then this could be a sign that someone is monitoring your web usage. This can be done through various programs, such as keyloggers or monitoring software.
Does the government watch me through my phone? ›
Although it's not a common practice, government authorities might be watching you through your phone. But for that, they need to introduce a specific type of surveillance program, such as malware or spyware, on your device. To avoid that, it's worth using a reliable antivirus tool, such as VeePN's Antivirus.
Can the government see my text messages? ›
According to the Statute, governmental records entail any written communication or other information, whether in paper, electronic, or other physical form. Therefore, text and SMS messages are subject to the Statute's disclosure requirements unless they are exempted by the Statute or some other law.
Is social media monitoring an invasion of privacy? ›
Students, and even parents have voiced objections about social media monitoring being an invasion of privacy, but the fact is activity on any social media site is public in one way or another. Most school boards and administrators agree the security benefits are too great to disregard.
Can police track me from Instagram? ›
Three of the world's largest social media platforms – Facebook, Twitter, and Instagram – all require that law enforcement provide a subpoena or valid warrant in order to access a user's information in connection with an investigation. Warrant requirements can be easy for both police and the courts to ignore.
The government can request user data from Facebook, including messages, through a legal process such as a subpoena or a warrant.
How to block government spying? ›
7 Ways to Protect Data from Government Spying
- Know the Law. The first thing to do is understand all of your country's laws. ...
- Know Your Provider. Understand your cloud service provider's policies. ...
- Keep in Touch. ...
- Employ Best Practices. ...
- Encrypt Your Data. ...
- Use a VPN. ...
- Go Off the Grid with a Caribbean Cloud Service Provider.
You're Being Followed – This is one of the most common signs that you're being watched. If you feel like someone is always nearby, or if it's hard to shake off someone who's been persistent in their attempts to get close to you, this could be a sign that you're under surveillance.
Does the government see what you Google? ›
Government agencies from around the world ask Google to disclose user information. We carefully review each request to make sure it satisfies applicable laws. If a request asks for too much information, we try to narrow it, and in some cases we object to producing any information at all.
Can government background checks see private social media? ›
Can background checks see private social media? A social media check will bring up any private social media accounts. However, it won't show what's on them if the account is private.
Can police see your social media if its private? ›
What about social media information that is shared privately or to friends only? Police may be able to access this information without a warrant as well, so long as the viewing occurs through the use of a cooperating informant or other account that the suspect has “friended” or otherwise allowed access.
Do federal background checks check social media? ›
Can background checks see private social media accounts? The short answer is no. Additionally, some states have specific policies that prohibit an employer from requesting an applicant give them access to their private social media profiles or request that they change their privacy settings.
