The US Department of Justice has reportedly ordered Apple, Google, and Amazon to share data on users of a specific app. According to court filings seen by Forbes, the subpoenas seek the identities, addresses, and purchase histories of at least 100,000 people who used products made by Cayman Islands-based EZ Lynk. The requests are tied to an ongoing legal battle over alleged violations of the US Clean Air Act.
Background of the Lawsuit
The DOJ is seeking this information as part of its 2021 lawsuit against EZ Lynk, which accuses the company of selling 'defeat devices' designed to disable vehicle emissions controls. EZ Lynk has denied these allegations, arguing that its products have other legitimate uses, including software upgrades and vehicle performance monitoring.
Details of the Subpoenas
According to a joint court letter filed by the DOJ and EZ Lynk earlier this month, the government subpoenaed Apple and Google in March and April, requesting details on users who downloaded EZ Lynk's Auto Agent app. Similar subpoenas were sent to Amazon and Walmart for the names and addresses of customers who purchased EZ Lynk hardware. The government claims this information is necessary to identify potential witnesses in the case.
This move has raised concerns among privacy advocates and legal experts, who argue that the requests extend beyond the needs of the lawsuit and could undermine protections around personal data.
Privacy Concerns Emerge
EZ Lynk's lawyers wrote in the court filing: 'These requests for potentially hundreds of thousands of people’s PII go well beyond the needs of this case and create serious privacy concerns. Investigating this claim does not require identifying each person who has used the product.'
The filing also indicates that Apple and Google plan to challenge the subpoenas. Neither company publicly responded to requests for comment, while Walmart declined to comment. The DOJ and EZ Lynk also declined further comment.
Government's Defense
The government defended its requests, stating it had 'consistently sought customer information' because lawyers wanted to interview witnesses about their use of EZ Lynk technology. The DOJ argued that users surrendered some privacy rights by agreeing to the company’s terms and conditions regarding data use. In the letter, the DOJ stated: 'Because EZ Lynk users provided their personal information to the company and agreed to its terms and conditions on how it would be used, they no longer have a cognizable privacy interest as to that information.'
Expert Reactions
Privacy experts have questioned this position. Aaron Mackey of the Electronic Frontier Foundation described the argument as 'particularly problematic,' noting that many users do not fully read terms and conditions before accepting them. He added that the government’s broad request raises questions about how the data may be used beyond the current prosecution.
Tom McBrien from the Electronic Privacy Information Center also expressed concern. 'It’s worrying that the government could obtain personally identifiable information for every customer through discovery, which is outside of the privacy protections provided by the Fourth Amendment and other privacy statutes,' McBrien said.
Legal Context
The case has drawn attention, especially due to EZ Lynk's argument that the company is protected from liability for misuse of its technology under Section 230 of the Communications Decency Act. However, in 2025, the court rejected this argument and allowed the lawsuit to proceed.
EZ Lynk was founded in 2014 as a company that developed applications for people who modify automotive engines and software. Opponents of the subpoenas believe that acquiring personal data would pose additional risks to users’ privacy.
