U.S. DOJ demands Apple and Google unmask over 100k users of car-tinkering app (macdailynews.com)

258 points by tencentshill 4 hours ago

embedding-shape 3 hours ago

> The government says it needs this information to identify and interview witnesses who can testify about how the tools were actually used.

Why start this whole thing, if you don't already have this information and have people willing to help you as witnesses?

Sounds to me they're saying they don't have this already, but why is this investigation happening in the first place then? Rather than finding every user of the tool, find the users who use the tool in the way you don't approve of, then request the information for those?

Really bananas approach to go for "Every single user of the app" and "Everyone who bought a dongle" when it has very real and legal use cases.

cogman10 3 hours ago

Yeah, I'd HAPPILY report every single truck rolling coal around me if there was a place to report that information.

Hell, I've seen a truck roll coal around cop cars and, obviously, nothing happened.

This is just gross privacy intrusion masquerading as "protecting the environment". We don't need 100% compliance to the law and simple prosecution/ticketing of obvious violations would go a long way towards solving the problem outright. Much like we didn't need our cars emailing prosecutors every time someone drove without a seat belt on. Cops giving out tickets for not wearing a seatbelt was enough.

kstrauser 3 hours ago

I watched a pickup roll coal in the middle of freaking East Bay, literally within site of downtown San Francisco, on a bicyclist. I reported their license to the California Air Resources Board, and not longer after that I saw it up on jacks in a neighborhood auto shop. That made my day. Asshole.

Tangurena2 2 hours ago

spike021 17 minutes ago

cogman10 3 hours ago

andyjohnson0 3 hours ago

For those, like me, who aren't familiar with the term "rolling coal": https://en.wikipedia.org/wiki/Rolling_coal

mrgoldenbrown 18 minutes ago

hughdbrown an hour ago

rsync 42 minutes ago

wahnfrieden an hour ago

They are probably owned by off duty police

legitster 2 hours ago

I was on a bike ride with my young kid. We were going up a hill and being passed by a lifted diesel truck. I could tell that the driver was desperately working the throttle to avoid accidentally blowing smoke in my kids' face.

Congratulations, buddy. You've designed your life around being such a massive unlikeable asshole to random strangers. But for a brief moment you understood shame.

I'm generally pretty libertarian, but I'm all for throwing the book at these guys.

redsocksfan45 2 hours ago

rootusrootus 2 hours ago

lovich an hour ago

With this admin any comment on “protecting the environment” is an obvious lie when they state that climate change doesn’t exist and are opening up every national land then can to resource extraction.

Like it’s normally a dubious claim when trying to violate privacy but for them it’s fucking laughable if only it wasn’t so ominous.

legitster 2 hours ago

> Sounds to me they're saying they don't have this already, but why is this investigation happening in the first place then?

They probably have tons of data and testimony from witnesses who use the product illegally. You can find hundreds of threads online of people telling you how to defeat emissions controls using their products.

The case prosecutors want to make is that EZ Lynk knowingly enables this behavior. If they can show that the majority of users are committing crimes with the app, that's a much stronger case than just rounding up a handful of witnesses.

AnthonyMouse 2 hours ago

> If they can show that the majority of users are committing crimes with the app, that's a much stronger case than just rounding up a handful of witnesses.

I still don't understand why this should even be relevant in cases like this. The thing is basically a generic OBD dongle, right? The same thing every DIY and shade tree mechanic uses to read codes and run service procedures.

Suppose 20,000 people buy it and use it for defeating emissions. Some other number of people buy it for the normal thing. Why does it matter at all whether the other number is 50 or 50 million? Those are the people who aren't relevant. Should the OEM be in trouble if some unrelated third party happens to write the emissions defeat code to require their dongle in particular so they have a high proportion of customers using it for that? Should they get away with promoting it for that if they're a huge company with lots of sales to people not using it for that? None of that should matter. The seller doesn't even control what the users are doing with it, nor should they.

If there is a law against advertising it for defeating emissions then prosecute them for the advertising. That's their crime, what the customers do is third party action.

legitster an hour ago

corywadd an hour ago

chasd00 2 hours ago

> EZ Lynk knowingly enables this behavior.

idk, knife makers are knowingly enabling knife attacks. If there's at least one EZLynk customer who isn't breaking a law then it seems to me the company is in the clear. I would use a gun analogy but, in the US, guns have constitutional protection.

legitster an hour ago

JoBrad 2 hours ago

Then they don’t need to unmask users to get testimony, right?

seemaze 3 hours ago

Why stop there? Why not request the PII of every person who could have plausibly downloaded the app at any point in time?

lern_too_spel 2 hours ago

khazhoux 3 hours ago

It's the only way to be sure. Also, think of the children.

computomatic 2 hours ago

My guess: they want to make the case that illegitimate use cases are indeed the primary use case. Their approach is to randomly sample all users and show that the vast majority use it to defeat emissions, undermining the app maker’s defence.

I don’t think that justifies the overreach. As you said, if they don’t have a case already, they shouldn’t be allowed to violate user privacy on speculation that some statistical evidence might hypothetically fall out of the data. But the legal system may disagree.

bluefirebrand an hour ago

I suspect there is a bit of parallel construction going on

They might already know for a fact that illegitimate use cases are the primary use case, they just cannot use any of their evidence in court

So they are seeking a way to legally obtain the information they already have, basically

It's shady but my understanding is it happens kind of a lot in modern policing. They can get illegal information much easier than legal information. So the illegal information sort of forms the justification for the time and money spent pursuing and gathering the same information legally

esseph an hour ago

pc86 3 hours ago

If you've ever seen any body cam footage on YouTube I'd wager that about half of them have a moment where the cop is asking someone for information they're not legally required to provide, and it's framed as "I have to investigate." The smart ones reply with some flavor of "ok, I'm not required to help you investigate."

This seems like a much more invasive, much more expensive version of that. "We have [potentially spurious] evidence that this application is used in way we deem a Bad Thing. We need to violate the privacy of this company and thousands of individuals to gather evidence that we should be required to get before bringing this suit in the first place, but we're the government so we don't have to do that."

CamperBob2 3 hours ago

Next up: expect the same treatment if you've ever downloaded a .gguf from HuggingFace.

nurple 30 minutes ago

It's called "parallel construction".

mothballed 2 hours ago

I've learned never to believe the reasoning provided in DOJ filings. Realize it is written as a calculated manipulative tool to get a particular result. Whether they want it for the purpose stated is almost immaterial. The only thing you can really glean is they want the result is of whatever they're asking for, but no one knows if it is for the reason they state.

ericmay 3 hours ago

  The DOJ first sued EZ Lynk in 2021, accusing the Cayman Islands-based company of violating the Clean Air Act by marketing and selling “defeat devices.” These tools allegedly allow users to bypass factory emissions controls on diesel vehicles, primarily through the EZ Lynk Auto Agent app paired with an onboard diagnostic (OBD) hardware dongle.
Opponents say “Investigating this claim does not require identifying each person who has used the product,”

That's not a a valid argument. That's just an opinion.

The DOJ obtained a lawful subpoena through the legal system to request this information. The legal case is against EZ Lynk and by interviewing users (how will they know who to interview if they can't get the data? duh!) they can build their case against EZ Lynk and their product if the main usage is violating the Clean Air Act.

How else would the DOJ obtain evidence if they don't know who is buying the product?

embedding-shape 2 hours ago

> (how will they know who to interview if they can't get the data? duh!)

What I don't understand is how they know someone has to be interviewed, but they don't already know who, which makes me question how the investigation got started in the first place?

> How else would the DOJ obtain evidence if they don't know who is buying the product?

The question is, how did the investigation got started, unless they already can see that people are misusing the product? And since they obviously must be able to see that people are misusing it, why don't they instead obtain evidence about those specific users, that they must have observed already?

ericmay 2 hours ago

dcrazy 2 hours ago

legitster 2 hours ago

It's worth pointing out that EZ Lynk is a sleezy company that originally tried to hide behind a Section 230 protection (lol).

Their more recent legal defense of the product was throwing their own users under the bus: "we can't control if our customers are using the product to break laws". So they are the ones who framed all of the customers as potential criminals.

AdmiralAsshat an hour ago

It will start with subpoenaing this information against people who modified their car to do "bad" things. But once they have the precedent, I would predict that it will very quickly be used at the behest of car manufacturers to go after people who modify their cars to, say, disable GPS tracking.

newsclues an hour ago

Then go after the people that modify their console, fridge or your phone.

Slippery slope is fully lubed

midtake 2 hours ago

This "car-tinkering app" is used as a glorified GameShark for deleting factory emissions controls, I don't feel sorry for anyone who uses this to roll coal or whatever. Instead of investigating everyone on the list of users of this app, should the government instead ban diesel engines knowing their emissions controls software will be defeated? Should environmental regulations be relaxed? What is really the solution here?

traderj0e an hour ago

They want testimonies to use against the app. The solution they're trying to pursue is to outlaw the app, not investigate its users.

repiret 21 minutes ago

Periodic vehicle inspection for emissions and safety compliance. Many jurisdictions already have this for gas engine emissions, a handful of states already have safety inspections. Done right, it can be low burden and low cost, and basically put an end to Def deletion. Done poorly it's grift to the shops that do the inspections, and an economically external annoyance to vehicle owners, and unnecessarily limits the ability of people to tinker with their own vehicles.

codedokode 3 hours ago

That's why you should be downloading from F-Droid anonymously.

tencentshill 2 hours ago

Any device with Google services installed has all apps scanned at least once per day.

>Real-time protections for non-Play installs Google Play Protect offers protection for apps that are installed from sources outside of Google Play. When a user tries to install an app, Play Protect conducts a real-time check of the app against known harmful or malicious samples that Google Play Protect has cataloged.

https://developers.google.com/android/play-protect/client-pr...

They will also go further for apks with novel signatures - take a copy, upload it to google to decompile and scan, and then if you have their express permission, allow you to install it.

gruez 2 hours ago

>Any device with Google services installed has all apps scanned at least once per day.

You can turn it off, so it's not "any". At best it's "most".

tylerchilds 2 hours ago

password4321 2 hours ago

99% sure Google would still know the app was run associated with other identifiers, but probably won't be turned over with the list of users downloading from the Play Store.

EvanAnderson 3 hours ago

For sure. Another demonstration of why "side loading" software is better.

logicchains 3 hours ago

That's why F-Droid eventually won't work on new Android phones.

nathanmills 3 hours ago

No, it will continue to work just fine. The restrictions are being added to Google Play Services, not Android itself. I and many others do not run closed source software like Google Play Services on our devices.

xp84 2 hours ago

VLM 3 hours ago

We're going to have two phones, the big brother phone you usually leave at home for banking apps and tax filing and boring stuff like that, locked down and nanny up, and the "real phone" from aliexpress or whatever that is purchased rooted and you actually live your real life upon.

I would not be surprised to see double sided phone cases so we can carry our big brother phone with our real phone.

There is some prior art in people being forced to carry a "work phone" and a "personal phone" at the same time.

There will be strange product marketing effects. If you only carry one phone, you can currently talk people into spending over $1K on a high tier big brother phone. But if you only use a big brother phone for bank apps and only at home, a $1K phone from Apple or Samsung is a hard sell, I'd be more likely to spend $1K on a really nice anti big brother phone on ali express or whatever.

Denatonium 2 hours ago

gruez 2 hours ago

bigyabai 3 hours ago

It works right now, though.

curt15 2 hours ago

This is a classic cautionary tale for the over-centralization of app distribution.

dec0dedab0de an hour ago

This is outrageous, especially since there are many other ways that you could violate emissions laws.

If they really cared they could equip federal agents, and state/local police with testing equipment. It is easy to see/hear vehicles that are likely to be violating these rules. Heck, make a hotline, I would rat them out all day. Just incorporate it with rate-limiting how often each vehicle could get pulled over for it, so it doesn't get abused.

This really comes down to corporations and the government colluding to make us not actually own anything. The fact that they would refer to a tool for making modifications to your car a "defeat device" is so telling. Coupled with phones not allowing side loading is really fucked up.

Everything is awful, and it's been getting worse for as long as I can remember. I think I'm going to lose it and just cut ties with the internet, and computers in general very soon. The power, and freedom I used to feel has been replaced with oppression disguised as convenience. One Token Ring to rule them all.

numpad0 2 hours ago

> These tools allegedly allow users to bypass factory emissions controls on diesel vehicles

Oh so AdBlue shortage is about to hit the US too?

traderj0e an hour ago

So if someone used this app to do something illegal with his car (rolling coal or otherwise), is he really going to testify in court that he did this? The lawsuit is only against EZ Lynk, but it's conceivable that he could face his own consequences later.

opengrass 38 minutes ago

That's why you use Aurora and F-Droid.

1vuio0pswjnm7 an hour ago

There are HN commenters ("developers") that want readers to believe that telemetry should be on by default. Maybe some readers, e.g., other "developers", think, "Yeah, that sounds reasonable" so long as the telemetry collecter is a random "developer" and not the government. But they probably fail to consider that this collected data is just a subpoena away from going to the government

Corporate mobile operating systems suck. Including "apps" to run on them, generally

There are some that do not require corporate approval and do not try to phone home but it's a relatively small fraction

Danox 3 hours ago

Get a warrant…

tamimio 26 minutes ago

I somehow suspect this is a pretext to ban OBD monitoring/control tools. I have two in my car, one to monitor everything and log the performance, the other to control the gas intake accurately and safely as opposed to non-obd ones. I hope obd won’t become like radar detectors.

motbus3 3 hours ago

Will this turn into be a blow to anyone who gains access to the hardware paid with own money?

traderj0e an hour ago

Certain car mods have already been illegal for a long time

lapetitejort 3 hours ago

I am surprised that a lawsuit started in 2021 about maintaining emission standards survived up to this point. The DOGE search terms must have misspelled "emission"

delecti 2 hours ago

Alternatively, given who was running the show, lawsuits against ICE cars (non-EVs) might have just been outside the bounds of what they cared about.

lotsofpulp 42 minutes ago

The president's MO is to wait for bribes to whatever coin and then pardon/drop investigation. It's the art of the deal, you have something someone wants, don't give it away for free.

jmyeet 3 hours ago

These companies will likely comply too [1]. Defenders will say "they have to comply with the law" but there's compliance and then there's compliance. For example, an adminstrative subpoena has no power. Companies can and should force the government to go to court and get a court-issued subpoena.

This isn't really anything terribly new either. The government regardless of who the current president is will routinely go after individuals for (allaegedly) hurting coprorate profits. We saw it in the Napster/Limewire era, in the BitTorrent era and even with physical products far earlier than that. There's a ban on importing cars less than 25 years old because Mercedes-Benz dealerships lobbied for a law in the 1980s because too many people were importing them directly from Germany at a lower cost [2].

Heck, 60 years of Cuban embargoes and sanctions as well as the 1954 Guatemala coup were US efforts at the behest of the United Fruit Company. Same thing for oil and the 1953 Iranian coup.

[1]: https://www.eff.org/deeplinks/2026/04/google-broke-its-promi...

[2]: https://www.jalopnik.com/the-25-year-import-rules-history-is...

like_any_other 3 hours ago

> Defenders will say "they have to comply with the law" but there's compliance and then there's compliance.

More importantly, there's not spying on the user in the first place. The law doesn't force Google to spy, nor does it force Apple to lock consumers (for sure not "owners") out of their phones, so that they're left helpless when the CCP bans VPN and protest apps [1] (not to imply spying from Google alone isn't bad, before any other actors get involved).

[1] https://www.pcmag.com/news/apple-pulls-mapping-app-used-by-h...

tehjoker 3 hours ago

This does seem like a fishing expedition though there is a facially legitimate purpose.

Fortunately, we have more powerful policy tools to clean the air than attacking individual gearheads... convert America to an electric car system. You need to attack these problems at the point of production. Consumption side approaches are petty and not very effective.

Simulacra 3 hours ago

Sounds like I need to download this app..

caminante 3 hours ago

If you start tuning, then make sure you turn it off before bringing your car to the dealership.

It'll void any warranty.

rootusrootus 2 hours ago

> It'll void any warranty.

The Magnuson-Moss Warranty Act disagrees with you.

caminante 22 minutes ago

AlexandrB 2 hours ago

Consumer rights are in a dire state. Reminds me of Toyota claiming someone voided their warranty by driving their racecar too fast[1].

[1] https://www.motor1.com/news/729265/toyota-gr-corolla-warrant...

caminante 8 minutes ago

EGreg 3 hours ago

Worth pointing out that this is part of a much larger encroachment on user privacy, and not just in the US: https://community.qbix.com/t/increasing-state-of-surveillanc...

squibonpig 3 hours ago

I wish that article wasn't extremely ai written

EGreg 3 hours ago

What would that improve in this case?

squibonpig 3 hours ago

verall 3 hours ago

Yaa101 3 hours ago

Welcome to our brave new digital world, governments and DOJs do this because now they can, I am afraid this is only the beginning.

goolz 3 hours ago

The saddest part is, most people simply do not care, my parents constantly echo the sentiment that if I have nothing to hide, I have nothing to fear. I would argue this slippery slope came about 20+ years ago during the initial Patriot Act. They normalize the behavior, take a few more freedoms, and keep on trucking. I used to be proud to be American. Now I am just worried.

2OEH8eoCRo0 3 hours ago

I understand why they don't care and I don't fault them. The truth is that this doesn't affect most people in their daily lives. It sounds entitled to say that this demands their attention.

goolz 2 hours ago

bigyabai an hour ago

jayers 2 hours ago

How is this, in principle, any different from the DOJ using a subpoena to get customer records from an adult store that was allegedly selling illegal explicit material?

Just because you use the internet to commit the crime doesn't make it not a crime.

xp84 an hour ago

I’d say a big difference is that in your example the thing that was supposedly sold was entirely illegal to possess for any reason.

The case being discussed is one where someone might be able to use the product to break the law.

So it’s more like demanding that Home Depot, Walmart, Amazon give the names of every American who’s ever bought a crowbar because the DOJ has heard that some people are breaking into buildings with crowbars.

It has been alleged that the government doesn’t want to prosecute these people who are the ones committing the crimes, they “just want to talk” in order to prosecute the company. Not sure I’d trust that without a signed immunity agreement. If I were forced to speak to these goons, I certainly wouldn’t say a word unless they gave me one of those - regardless of what I was using the gadget for.

basilgohar 3 hours ago

Tyranny comes and goes, and sometimes just changes shape and serves some more than others, and that gives the illusion to those it serves that it's gone. It's always been around in some form or another.

shimman 3 hours ago

Democratic governments can be held accountable, corporations cannot.

sneak an hour ago

> Democratic governments can be held accountable

Please explain to me how ICE (part of the nominally democratic USG) can be held accountable for summarily executing citizens.

pc86 3 hours ago

Even if this was correct (it's not), it seems irrelevant to the point.

selectively 39 minutes ago

Lunatic, likely AI generated comments here.

This is an app for deliberately causing pollution. The users of that app should be criminally prosecuted and lose their license/spend a few months in prison. The price differential between this device/app and a generic ODB dongle you can buy on Amazon for ~$10 is entirely made up by the criminal features EZ Lynk offers.

The app being software versus hardware doesn't change the legal or moral situation involving it. Much like the DOJ would demand identities of people importing PlayStation 1 modchips back in the 90s, the users of this equally criminal application will be provided to the DOJ.

dmitrygr 2 hours ago

There are already proper procedures for doing this. If the users did something illegal, you can go after them. If you prove that somebody actively enabled or encouraged them, you go after them. But even if the app actively enabled or encouraged something (which would still need to be proven) it would be a pretty tall order to prove that Google or Apple actively enabled or encouraged anyone to break the law. Both of them could fight the subpoena, and almost certainly win.

bethekidyouwant 3 hours ago

The Department of justice needs witnesses because they’re trying to prove that ez lynk is profiting from the distribution of “emission disabling software” They are not going after any of these individual users. Tldr: they’re trying to get the mod taken off the market.

jjk166 2 hours ago

That's the narrative. In reality, you don't need a list of every user to find a handful of witnesses. This is very clearly a power play - the feds can't make their case so they're making distributing the app a major PR headache for the platforms distributing the app. Apple and google will quietly change their user agreements to not permit these sorts of apps on their stores. The company's leadership will likely escape prosecution but their business will be crippled if not destroyed despite not being proved guilty of violating any law.

analogpixel 3 hours ago

Hopefully they hand it over, and all of these people lose their licenses. I'm sick of breathing in their exhaust on the way to work.

I think people should have the freedom to do what they want; if you want to have a truck that has horrible exhaust, fine, but we'll have it piped back into your cab for you to breathe instead of the people behind you, and if you want a car that sounds like a thousand go-carts racing down the street fine, but it'll be through headphones destroying your hearing every time you hit the gas.

roughly 2 hours ago

> I think people should have the freedom to do what they want; if you want to have a truck that has horrible exhaust, fine, but we'll have it piped back into your cab for you to breathe instead of the people behind you, and if you want a car that sounds like a thousand go-carts racing down the street fine, but it'll be through headphones destroying your hearing every time you hit the gas.

Hey congrats, you discovered Society! This is what all those rules and shit are all about - your impact on other people, and their impact on you! It turns out that just saying “people should be able to do what they want” doesn’t actually solve anything, because other people also exist, and some of them are you!

Terr_ an hour ago

An I missing some context here? That seems unnecessarily hostile for something that seems like just agreement with the parent poster.

toss1 3 hours ago

Yeah

I also absolutely loath the coal-rollers and everything about what they do, and if I could snap my fingers and have them lose both their trucks and their licenses to drive with no other consequences beyond their frustration, I'd do it.

Nevertheless, we cannot allow this good reason for which be both agree to be used as a wedge to let the state just wholesale collect data for whatever reason they want.

Very soon, the reason the state wants to wholesale collect data will be for a reason we entirely disagree. That is not an "IF", it is a "WHEN".

So, no, this isn't a justification.

Very soon, that ca

bethekidyouwant 2 hours ago

But this isn’t actually to throw the coal rollers in jail and take away their trucks it’s to get witnesses so they can build a case to get this mod taken off the market

xp84 an hour ago

sneak an hour ago

oceanplexian an hour ago

These vehicle emissions laws are almost always fake compliance theater and were dreamed up by idiots. They are a huge drag on the economy and achieve absolutely nothing.

For example, the reason we don’t have super efficient turbodiesel subcompacts that are perfectly legal in the EU is thanks to the so called “Clean” air act. Since the law is based on vehicle weight I can go buy a 8,000 pound truck and commute to work alone in it and pollute all I want. But if I want a super clean 80MPG diesel subcompact that’s 1/4 the gross weight supposedly bad for the environment.

But it gets worse in all sorts of ways, the law grandfathers coal plants from all these emissions standards. One coal plant can emit more pollution than millions of trucks. Guess which polluter the government is aggressively pursuing and violating the rights of? You guessed it, car enthusiasts who downloaded an app. Give me a break.

traderj0e an hour ago

I don't buy that those are actually clean. EU has always had majority high-MPG non-diesel cars that you also don't see here as often, simply because gas is cheap in the US. People complain that it's expensive but then 2/3 times go buy a truck or SUV anyway.

AngryData an hour ago

How much of the new car market is represented by the average person though? If 70% of the population wants fuel economy but only 10% of the population can afford new cars it is easy to see how the wealthier new car buyers can shape what cars are even available to the average person. Buying a user car in the US gives limited offers for super and turbo charged vehicles, and many turbo cars will want turbo maintence when they hit the used market with lower availability of turbo experienced mechanics.

cucumber3732842 25 minutes ago

Having run a ram ecodiesel inside a garage I believe it.

CommenterPerson 2 hours ago

Missing key points:

Why is this administration, which is all for coal, oil, and against environmental policies pursuing THIS?

This DOJ is all about pursuing cases for retribution. It could be, they already know someone they want to punish, and already found they're using the device. Or, use it as a source for finding people they want to punish.

JoBrad 2 hours ago

It’s not about this administration. The lawsuit was filed in 2021.

15155 2 hours ago

US Attorneys aren't forced to toe the party line on every issue.

This issue is just not directly politically important enough to get the "don't touch" treatment.

Donors and party power brokers aren't rolling coal.

tencentshill 2 hours ago

Also strange as it would disproportionately affect modified diesel trucks, who are overwhelmingly Trump supporters.