Over 100,000 EZ Lynk users could find their data being handed over to the United States government if Apple complies with a request for app download information.
Governments subpoena Apple for information all of the time, but that doesn't mean it gets handed over automatically. Apple will push back if the scope of the request is too broad or vague.
In the case of the EZ Lynk lawsuit, the US Department of Justice has asked Apple and Google to hand over information about over 100,000 users. According to a report from Forbes, the DOJ wants information like the name and address of every person that downloaded the EZ Lynk app.
It's an incredible request that's 10x the size of a previous request about a gun scope app in 2019. While the companies involved haven't commented directly, EZ Lynk shared that it expects Apple and Google to refuse the subpoena.
The lawsuit itself centers around EZ Lynk being accused of breaking the Clean Air Act by selling devices that let users bypass emission controls. While EZ Lynk's devices can be used for all kinds of modifications, it seems that emission bypass was a popular use case.
The DOJ claims it needs the information of all of these users for evidence gathering. They'd like to contact some of the individuals to act as witnesses to the case.
There are obvious Fourth Amendment issues at play here. Beyond the wide scope of the data request, the DOJ seemingly wants people to self-incriminate themselves on the stand.
Apple does respond to subpoenas and provides data within reason. This request is too vague and wide 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 ask for specific individuals' app download records. If requested properly and legally, Apple will hand over a download record and a user's name and address.
As we've seen in other cases, Apple can't hand over data that is end-to-end encrypted like Apple Health data. Since an app download is basically just a receipt of purchase, Apple will have an unencrypted record of that interaction.
Aaron Mackey from the Electronic Frontier Foundation questions the reasoning behind the subpoena. They question what the data might be used for beyond the prosecution of the particular case.
To make matters worse, EZ Lynk alleged that the US government wanted "a backdoor" in 2019 that would enable monitoring unsuspecting users. The government denies that claim.
Time will tell how Apple responds and if it gets dragged into the case any further.
