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Right now, the account includes this in its "about" text:

> Not the views of DHS or USCIS

Whether or not that's always been there, I think it's probably always been true for this account. It's somebody saying "I work at <agency>, and here are some opinions and publicly available information". So really all they're guilty of is being publicly negative about their employer. That's not illegal for employees of corporations, and I'd be really surprised if it was illegal for employees of the government (but I haven't looked into it).

Of course, corporations and the government might like to fire employees who do this, and they'd be within their rights to do so (I think, in general) but if said employees are anonymous then they don't know who to fire, and if speaking freely is perfectly legal then they have no grounds to compel Twitter (or whoever) to unmask the account.




In most roles of federal law enforcement and/or the intelligence community, you aren't allowed to speak to the press or make public statements without express consent of your communications team. You don't get to "talk negatively about your employer" and you sign agreements to that effect going in.

And it doesn't take sharing classified information to get in trouble. Pointing someone to public information validates them as accurate - including whatever conjecture included - and counts.

I spent time in the intelligence community. Your opinion and my opinion don't matter.. only the law, the agreements in place, and the tenacity of those who choose to enforce them and to what degree.


> only the law, the agreements in place

These are the only things I'm interested in. My personal opinions aside, I'm genuinely curious whether the government has a legitimate legal leg to stand on here. The reason I'm still replying is that none of those you've suggested have been terribly convincing.

Whether anonymous political speech by someone claiming to be an employee of the federal government but not acting in an official capacity is or is not a violation of the Hatch Act or any other applicable law (dubious) or any agreement they may have signed as a condition of employment is one question. Whether the fact that this individual has claimed anonymously to be a federal employee can compel Twitter to release their personal details on the basis of an assumption that either or both of the aforementioned factors (laws, agreements) will apply to them is another question entirely. While they're anonymous, how would you know which agreement they signed, if any? How would you know whether they are actually a federal employee?

"Tenacity" aside, this seems like the most plausible theory yet, but still a stretch. But I am not a lawyer.

edit: this update is relevant: https://www.washingtonpost.com/news/the-switch/wp/2017/04/07...




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