DOJ Directs Apple and Google to Provide OBDII App User Data in Emissions Investigation
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The U.S. Department of Justice has issued subpoenas to Apple and Google for information regarding at least 100,000 users who downloaded the EZ Lynk Auto Agent app. This is just the latest action taken by the federal government against EZ Lynk, as the DOJ filed a lawsuit against the company in 2021, alleging that it did not cooperate with an investigation by the Environmental Protection Agency. Central to this issue are accusations that EZ Lynk intentionally assisted customers in modifying their vehicles in violation of the Clean Air Act.
User privacy is a significant concern regarding this DOJ action, as highlighted by Forbes. The publication references a joint letter from EZ Lynk and the DOJ to the court, wherein EZ Lynk contests the validity of the subpoenas, while the DOJ asserts its attorneys wish to interview individuals about their use of EZ Lynk products. Consumer rights advocates are questioning why the DOJ feels it requires the identities, addresses, and purchase records of individuals for this purpose.
“Requests for the potentially hundreds of thousands of people’s personally identifiable information extend far beyond the necessities of this case and raise serious privacy issues,” EZ Lynk’s attorneys stated. “Investigating this claim does not necessitate identifying each person who has utilized the product.”
However, the DOJ maintains that anyone who accepted EZ Lynk’s terms and conditions “no longer has a recognized privacy interest concerning that information.”
Additionally, the DOJ has subpoenaed Walmart and Amazon for the names and addresses of individuals who purchased the EZ Lynk Auto Agent hardware.
There is no doubt that drivers utilize EZ Lynk’s technology to bypass emissions systems in their vehicles. Evidence of this can be found throughout the internet, with diesel truck drivers utilizing it to reprogram their engine control units after removing the diesel particulate filter or exhaust gas recirculation system. Nonetheless, not all individuals who acquired an EZ Lynk Auto Agent or downloaded the app use it for such purposes. It is marketed to shop technicians for vehicle diagnostics and to fleet managers needing to supervise drivers’ electronic logging devices. It serves as a versatile OBDII tool that can be employed for numerous reasons, including illegal ones.
Some may find it surprising that the government is still pursuing EZ Lynk, considering the EPA has adopted a more lenient approach to enforcement. As recently as 2023, the agency declared that emissions defeat devices were no longer a primary focus. It later stated it would cease pursuing criminal charges related to OBDII tampering. There have even been instances, such as President Trump granting clemency to a convicted diesel tuner who was imprisoned for removing emissions components from trucks.
Regardless, the conflict between the DOJ and EZ Lynk persists.
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DOJ Directs Apple and Google to Provide OBDII App User Data in Emissions Investigation
EZ Lynk offers OBDII devices that certain customers use to bypass their vehicles' emissions systems. Federal authorities are seeking access to data from over 100,000 users for their investigation.