The Department of Homeland Security (DHS) has tried to compel Google to hand over a Canadian man’s personal data, despite him never entering the US. The move is seen as an abuse of a 1930s customs law designed for imports and exports.

Michael Perloff, representing the unnamed man in a lawsuit against DHS Secretary Markwayne Mullin, argues that this tactic undermines privacy. ‘The government is using its jurisdiction over tech companies to spy on individuals outside US borders,’ he says.

The request includes location data, activity logs and other identifying details. It was issued under the guise of a customs summons – a tool meant for checking import correctness or tax compliance – which lawyers now contend is misused for personal surveillance.

‘It’s using that geographic fact to get information that otherwise would be totally outside its jurisdiction,’ explains Chris Duncan, former assistant chief counsel. ‘We’re talking about the physical movements of someone who lives in Canada.’

No response was immediate from DHS or Google regarding further details of this unusual request.