DOJ investigation into vehicle modification hardware leads to subpoena against Apple

More than 100,000 EZ Lynk users could have their data handed over to the United States government if Apple complies with a request for information about app downloads.

Governments subpoena Apple for information at any time, but that doesn’t mean that information is automatically handed over. Apple will retaliate if the scope of the request is too broad or vague.

In the case of the EZ Lynk lawsuit, the US Department of Justice asked Apple and Google to provide information on more than 100,000 users. According to a report from Forbesthe DOJ wants information such as the name and address of each person who downloaded the EZ Lynk app.

This is an incredible request that is 10 times the size of a previous request for a scope app in 2019. Although the companies involved have not commented directly, EZ Lynk said it expects Apple and Google to refuse the subpoena.

The lawsuit itself focuses on the fact that EZ Lynk is accused of violating the Clean Air Act by selling devices that allow users to bypass emissions controls. Although EZ Lynk’s devices can be used for all kinds of modifications, it seems that bypassing emissions is a popular use case.

The DOJ says it needs information from all of these users to gather evidence. They would like to contact some of the people to act as witnesses in the case.

There are obvious Fourth Amendment issues at play here. Beyond the broad scope of the data request, the DOJ apparently wants people to self-incriminate on the stand.

Apple responds to subpoenas and provides data within reason. This request is too vague and too broad in scope, so if history is anything to go by, Apple will reject it.

However, that doesn’t mean the government can’t narrow its scope and request app download records from specific individuals. If requested correctly and legally, Apple will provide a download record and a user’s name and address.

As we have seen in other cases, Apple cannot transmit end-to-end encrypted data like Apple Health data. Since an app download is essentially just a purchase receipt, Apple will have an unencrypted record of that interaction.

Aaron Mackey of the Electronic Frontier Foundation questions the reasoning behind the subpoena. They wonder what the data could be used for beyond prosecuting a particular case.

To make matters worse, EZ Lynk alleged that the US government wanted “a backdoor” in 2019 that would allow surveillance of unsuspecting users. The government denies this claim.

Time will tell how Apple responds and whether it will be drawn further into the matter.