The Law Is Catching Up to Musk and DOGE

On Feb. 10, the Electronic Privacy Information Center (EPIC) filed suit for damages against the Trump-Musk-DOGE cartel. The lawsuit, which EPIC filed before the U.S. District Court for the Eastern District of Virginia, calls for damages on behalf of tens of millions of government workers and Americans resulting from the administration’s illegal breach of personal privacy and its threat to national security.

“These basic security failures have resulted in the unlawful disclosure of personal data—including social security numbers and tax information,” reads the complaint.

EPIC is claiming the data incursion — among many other violations — is illegal under the Privacy Act of 1974. “Plaintiffs have a constitutional right to the privacy of their information…. Defendants have violated and continue to violate that right by unlawfully disclosing extremely personal information about Plaintiffs and millions of others to unchecked actors in violation of law,” the complaint states.

EPIC urges the court to compel defendants to “delete all unlawfully obtained, disclosed, or accessed personally identifiable information from systems or devices on which they were not present on January 19, 2025.” It calls on the court to award plaintiffs statutory and punitive damages “in the amount of $1,000 per each act of unauthorized inspection and disclosure.” That’s a sum that could add up to trillions of dollars in damages given the scope of DOGE’s breach.

The law is catching up to Musk. The EPIC suit is one of many that have been filed since Trump was sworn in and Musk and his DOGE crew infiltrated several key federal agencies and their extensive public records.

On Feb. 7, a federal judge issued an emergency temporary restraining order (TRO) against DOGE after 19 state attorneys general filed a complaint also alleging that DOGE had violated the Privacy Act of 1974 and other laws. The TRO blocks Musk et al from accessing Treasury systems and requires they destroy any material downloaded.

On filing their case for the TRO, New York State Attorney General Letitia James said: “President Trump does not have the power to give away Americans’ private information to anyone he chooses, and he cannot cut federal payments approved by Congress. Musk and DOGE have no authority to access Americans’ private information and some of our country’s most sensitive data.”

The largest data breach in U.S. history

During a Free Press webinar held prior to EPIC’s filing, the organization’s chief litigator, John Davisson, called the DOGE incursion into federal agencies like the Department of Treasury “the largest and most consequential breach of personal information in U.S. history.” To make matters worse, Davisson noted, “it’s being led by malign, unaccountable forces from both without and within the government.”

Public Citizen Co-President Lisa Gilbert led the very first suit against Trump’s second administration. Since then, the organization has filed several other suits against the Trump White House and its operatives, with most focused on pushing back against the DOGE power grab. “What really stands out is the corruption implicit in Musk being at the helm,” Gilbert said during the Free Press webinar. A Public Citizen report from October found that three of Musk’s businesses — SpaceX, Tesla and X — face at least 11 criminal and civil investigations at the federal level.

“The biggest risk of all is the risk to democratic governance,” said Davisson. “The folks involved here — these bandits, these hijackers — have correctly assessed that the systems in federal agencies are critical levers for how they carry out the functions Congress has assigned.” Davisson added that DOGE's massive data breach empowers Musk's unaccountable team “to exert all sorts of pressure on federal employees and people at large on people they disagree with politically and that is something we should be very, very worried about.”

The groundbreaking reporting of WIRED’s Vittoria Elliott has exposed the relatively inexperienced team of techies that has accompanied Musk into these federal agencies to access massive troves of personal data. “One of the biggest issues is the lack of transparency,” she said during the webinar. “We don’t know what systems they’re accessing. We’re not given transparency about their roles … The consequences of [Musk’s team] getting it wrong are so dire for so many people.”

Sowing the seeds of DOGE’s downfall

One of the things that stands out to Davisson is just how many mistakes DOGE has made since it began its work. Musk and his team have left themselves vulnerable to the sorts of lawsuits being filed by EPIC, Public Citizen and state attorneys general, he said. “They’ve aggravated a lot of stakeholders; they’re in the process of aggravating the courts. They’ve embarrassed themselves in many ways; they’ve drawn the eye of the public. I think in many ways they have already sown the seeds of their downfall.”

Congress has reportedly been inundated with calls from people who are deeply unhappy about Musk’s raid on government agencies. “It is a deluge on DOGE,” Sen. Tina Smith (D–Minnesota) told the Washington Post. “Truly our office has gotten more phone calls on Elon Musk and what the heck he’s doing mucking around in federal government than I think anything we’ve gotten in years. … People are really angry.”

People must share their concerns with their lawmakers and call on Congress to act against the incursions. But that’s just a start.

“There is broad public dislike for Musk,” Davisson said during Monday’s webinar. “And we should continue to find ways to leverage that ... This is going to require many small — sometimes unsatisfying — actions by a lot of different people in a lot of different places. This assault on democracy is vulnerable to that.”

Turning anger about Musk into action

There are productive places to channel outrage, said Gilbert. “There have been some really effective engagements and protests and people are ginning up for the next phase of resistance ... There are some places where we can win things,” she added, pointing to the upcoming budget fight in Congress.

“There’s a battle to be had, where everyone's senators and members matter,” she said. “Knowing that and knowing that there are places where constituents can weigh in hopefully changes the calculus a little bit when folks are feeling like there’s nothing they can do.”

And indeed Musk may be popular among the extremist MAGA crowd, but voters in general aren’t on board with the DOGE team’s privacy violations. A new Hart Research survey indicates that his popularity is in rapid decline as people learn more about his efforts to compromise our data. 

The Economist/YouGov conducted a poll finding that the billionaire is falling out of favor with voters, including Republicans, who say in increasing numbers that they want him to have little-to-no influence over the way the government conducts its business. 

The wins against DOGE are just the beginning, Davisson said. The legal strategy is “going to be important for staying grounded through what is going to be a very long and difficult fight. So I encourage everyone to celebrate the wins when they come.”

The courts (and hopefully Congress) are catching up to public opinion, which has taken a drastic turn since Musk began violating the privacy rights of millions of people. With continued public pressure and legal challenges, it’s possible DOGE’s days may be numbered.

Help Free Press continue to hold Musk and Trump accountable: Donate today.