Summary
Facebook and the Senate Intelligence Committee are butting heads over what information the tech giant must provide about its users during the panel’s probe into Kremlin-directed meddling in the 2016 U.S. presidential elections, igniting a debate between attorneys, advocates, and experts working on privacy law.
The Senate is looking to find any evidence that might suggest Russian activity on Facebook using fake accounts might have swayed voters in key states like Pennsylvania or Michigan toward supporting Donald Trump or his political viewpoints. It’s unclear if Facebook can provide that evidence, or if it even exists.
…
“Congress has subpoena power, of course,” says Al Gidari, the director of privacy at Stanford Law School’s Center for Internet and Society, who previously represented several big tech companies in national security cases.
But the Electronic Communications Privacy Act, when it applies, limits what a provider can disclose to basic subscriber information; anything more would require a warrant, according to Gidari. “That’s why Congress would get less than Mueller, who could get either an order or a warrant,” he said. (Gidari wasn’t convinced the ads count as protected content.)
Read More