Federal judges issue restraining orders amid mounting lawsuits over Trump-era data sharing initiative
Mounting Legal Challenges
- Nemeth-Greenleaf v. OPM: Federal employees allege unauthorized access to personnel records by Musk-affiliated contractors without security clearances.
- Gribbon v. Musk: Class action claims systematic CFAA violations through DOGE’s access to Treasury payment systems containing 200M+ financial records.
- EPIC v. DOGE: Privacy groups secured a temporary restraining order blocking Education Department data sharing on Feb 24.
Core Legal Arguments
Privacy Act Violations
The Privacy Act of 1974 strictly limits sharing of records without consent. Plaintiffs allege:
- OPM provided full database access to Musk’s team despite lacking “routine use” exemptions
- Treasury shared income/asset details from payment systems to unauthorized private actors
CFAA Liability
The Computer Fraud and Abuse Act forms basis for claims that:
- Contractors like Amanda Scales exceeded authorized access by copying SSNs and disability statuses
- Musk allegedly directed logins to Treasury systems despite conflict of interest with SpaceX/SolarCity contracts
Immediate Impacts
| Action | Date | Effect | Source |
|---|---|---|---|
| Education Dept. TRO | Feb 24 | Blocks DOGE from 45M student records | Court order |
| OPM access suspension | Feb 12 | Limits reviews of 2.8M files | OPM memo |
| Treasury audit ordered | Feb 18 | Full log review required | Treasury report |
Broader Implications
Executive Power vs. Privacy Rights
The cases test whether presidential EO 14159 creating DOGE can override:
- 5 U.S.C. § 552a: Consent requirements for record disclosures
- 18 U.S.C. § 1030: CFAA’s prohibition on unauthorized computer access
Cybersecurity Accountability
Recent Biden Executive Order mandates may conflict with DOGE’s practices:
| Requirement | DOGE’s Alleged Shortfall |
|---|---|
| Multi-factor authentication | Used unvetted private servers |
| Third-party vendor reviews | Lacked NIST 800-171 compliance |
| Data minimization | Collected full financial histories |
What’s Next
- March 5 Hearing: EPIC seeks preliminary injunction to purge already-collected OPM data
- CFAA Criminal Referrals: DOJ weighing whether Musk team actions meet §1030(a)(2) thresholds
- Interagency Fallout: GAO announces government-wide audit of data sharing
