DOGE cant use student loan data to dismantle the Education Dept., lawsuit says
arstechnica.com
"Shrouded in secrecy" DOGE cant use student loan data to dismantle the Education Dept., lawsuit says Students don't want loan data used in AI probe to slash DOE, according to lawsuit. Ashley Belanger Feb 7, 2025 2:23 pm | 48 Credit: Bloomberg / Contributor | Bloomberg Credit: Bloomberg / Contributor | Bloomberg Story textSizeSmallStandardLargeWidth *StandardWideLinksStandardOrange* Subscribers only Learn moreThe Department of Education (DOE) was sued Friday by a California student association demanding an "immediate stop" to Elon Musk's Department of Government Efficiency (DOGE) "unlawfully" digging through student loan data to potentially dismantle DOE."The scale of the intrusion into individuals privacy is enormous and unprecedented," the lawsuit said.According to the University of California Student Association (UCSA)which has over 230,000 undergraduate students as membersmore than 42 million people in the US have federal student loans and face privacy risks, if DOGE's access to their information isn't blocked. Additionally, parents and spouses of loan borrowers share private financial information with the DOE that could also be at risk, the lawsuit alleged.The lawsuit cites public reporting from anonymous sources familiar with DOGE's activity that suggests "roughly 20 people affiliated with DOGE" are working within DOE in efforts "shrouded in secrecy."These DOGE employees, sources told The Washington Post, do not disclose their last names and use personal email addresses viewed as less secure than government email addresses. That seemingly violates security protocols, DOE officials have warned.An expert on constitutional law, Blake Emerson, told the Post that DOGE seems to be acting as a "shadow executive branch" operating "outside of the channels the Constitution and the statutes that Congress authorized."However, so far Congress has not intervened, despite the Constitution giving spending power to Congress, the Post noted, not temporary agencies created by the executive branch, like DOGE.Some Democrats sent a letter Wednesday raising alarms about DOGE's work at DOE, describing "serious concerns" that DOGE's work is supporting a "broader plan to dismantle the federal government until it is unable to function and meet the needs of the American people." The Democrats demanded a response detailing who at DOGE has access to DOE databases and to what end, requesting answers by Friday. But it's unclear if DOGE has intentions to respond on that timeline, and Republicans ultimately have control of both chambers of Congress and seem hesitant to intervene, the Post reported.The lawsuit could increase pressure on DOE to increase transparency of DOGE operations. Perhaps most urgently troubling to students, the lawsuit suggested, is reporting suggesting that DOGE's employees are feeding their loan data into artificial intelligence (AI) systems to identify ways to slash the DOE. That effort could expose Americans to cybersecurity risks and perhaps even help Donald Trump follow through on his promise to "kill" DOE, one source told The Washington Post.Students never consented to that, the complaint said, while alleging that the DOE has "acknowledged" that handing "over access to financial aid records to DOGE" is "unlawful.""People who take out federal student loans to afford higher education should not be forced to share their sensitive information with 'DOGE,'" the lawsuit said. "And federal law says they do not have to."Because DOE's actions have allegedly "harmed UCSAs members""by depriving them of the privacy protections guaranteed to them by federal law and, consequently, the ability to decide for themselves whether DOGE should be able to obtain and use their personal data for unknown reasons," including to potentially "shut down" DOEthey are entitled to a temporary, preliminary, or permanent injunction, the lawsuit said.UCSA also asked the court to order DOGE to return any records that students did not authorize to be accessed by third parties outside the DOE. Students also want DOGE enjoined from any future access to their records without their consent.The student association is represented by Public Citizen Litigation Group, the same legal group helping Americans sue the Treasury Department over DOGE access to federal payment systems. If the lawsuit follows a similar trajectory as the Treasury Department suit, a US district court judge assigned to the DOE case may insist that DOE finally identify all DOGE employees currently accessing education databases like StudentAid.gov.DOGE's alleged AI probe of DOE recordsSources told The Washington Post that Musk's DOGE plans to use AI software to "probe" DOE's "programs and spending." DOGE apparently plans to feed personally identifiable information of people who both manage grants and other DOE financial data, as well as people receiving federal funding, into the AI software to "hunt" for spending cuts.Microsoft declined to comment, but allegedly the DOGE employees are "using AI software accessed through Microsofts cloud computing service Azure to pore over every dollar of money the department disburses, from contracts to grants to work trip expenses," one source told the Post.The lawsuit noted that several DOE employees have tried to block DOGE's access by raising red flags up the command chain, but DOE leadership directly instructed lower-level employees to grant DOGE access, the same source alleged.A big concern is that DOGE funneling education data into AI systems will cause sensitive data to be stored in a way that makes it more vulnerable to cyberattacks or data breaches. Another issue could be the AI system being error-prone or potentially hallucinating data that is driving decisions on major DOE cuts.On Thursday, a DOE deputy assistant secretary for communications, Madi Biedermann, issued a statement insisting that DOGE employees are federal employees who have undergone background checks to be granted requisite security clearances."There is nothing inappropriate or nefarious going on," Biedermann said.Trump has similarly waved away concerns over DOGE's work at DOE and other departments that officials worry are experiencing a "blitz" of seemingly unlawful power grabs, the Post reported. On Monday, Trump told reporters that "if there's a conflict" with DOGE accessing Americans' data, "then we wont let him get near it." But seemingly until Trump agrees there's a conflict, Musk's work with DOGE must go on, Trump said."Were trying to shrink government, and he can probably shrink it as well as anybody else, if not better," Trump suggested.While thousands of Americans are suing, confused over whether they need to urgently protect their private financial data, one DOE staffer told the Post that DOGE "is working with almost unbelievable speed." The staffer ominously suggested that it may already be too late to protect Americans from invasive probes or defend departments against cuts."They have a playbook, which is to get access to the data, the staffer told the Post. And once theyre in, its already over."Ashley BelangerSenior Policy ReporterAshley BelangerSenior Policy Reporter Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. 48 Comments
0 Comments
·0 Shares
·45 Views