Weaponizing Discovery: DHS Targets Encrypted Organizing Tools

OPINION: The tools designed to protect the vulnerable—encrypted messaging and collective coordination—are being turned into weapons of state surveillance. When the government uses the discovery process of a lawsuit to hunt for the identities of organizers, it isn't seeking justice; it is dismantling the right to organize.

As first reported by Wired, the Department of Homeland Security (DHS) is attempting to obtain access to neighborhood "rapid response" Signal group chats. This push is occurring as the agency defends itself in a federal lawsuit filed in Maine, *Hilton v. Noem*, in which plaintiffs accuse DHS of violating their First Amendment rights through surveillance. One plaintiff specifically alleges that DHS agents scanned her face and recorded her license plate while she observed Immigration and Customs Enforcement (ICE) activity, warning her she would be placed in a "nice little database."

Wired reports that Maine residents formed these Signal group chats to share the locations and timing of DHS operations after immigration enforcement increased in their communities. As the case proceeded, the government utilized discovery to request a wide array of information. Genevieve Nadeau, special counsel and program lead for Protect Democracy’s Civil Society Defense and attorney for the protesters, states that the government sought a list of all protests attended by named defendants, as well as communications—including "likes" and comments—that reflected the plaintiffs' opinions on law enforcement tactics, operations, and personnel.

Furthermore, the government requested communications regarding opportunities to record or observe ICE activity in Maine from January 20, 2025, to the present, Wired reports. In response, attorneys for the protesters informed the Department of Justice in June that they were intentionally withholding community Signal chats. While smaller chats were provided, the attorneys redacted the contact information of non-plaintiffs and any communications detailing the strategies, tactics, or priorities of the community groups.

The government's pursuit extends beyond document requests. Wired notes that government attorneys deposed plaintiffs, questioning them on the organizers of the chats, whether participants resided outside of Maine, and if unnamed political groups or public officials were involved.

Nadeau contends that the government's actions represent an effort to undermine the basic First Amendment right to coordinate collective responses to the abuse of power. Adam Steinbaugh, a senior attorney at the nonprofit civil liberties group FIRE, adds that individuals should not have to sacrifice their right to expressive association in order to sue for the protection of their First Amendment rights.

This effort is part of a broader pattern of targeting critics of immigration policy. Wired reports that the government has attempted to unmask critics, including one Canadian individual, by subpoenaing tech companies for identifying information. Additionally, ICE’s internal watchdog has investigated over 100 reported instances of threats and "doxing" directed at ICE employees. Neither DHS nor the Department of Justice responded to requests for comment.