Senator Mark Warner (D-Virginia), new chairman of the Senate Intelligence Committee, is calling on cell phone operators and social media platforms to preserve “associated content and metadata” that may be connected to the attack on the US Capitol. Warner said in a statement on Saturday that he contacted the CEOs of AT&T, T-Mobile, Verizon, Apple, Facebook, Gab, Google, Parler, Signal, Telegram and Twitter.
“The United States Capitol is now a crime scene,” Warner wrote in his letters. “The FBI and other law enforcement agencies are investigating the events of that day and trying to piece together what happened and the perpetrators involved. The prospect of litigation on behalf of the victims of the chaos is also highly likely. The message data from and to your subscribers that may have participated or helped those involved in this insurrection – and information from associated subscribers – is critical evidence to help bring these troublemakers to justice. “
Warner noted that many of the participants in the January 6 attack that left five dead posted images on social media or shared them via text messaging and mobile platforms during the turmoil and then “to celebrate their disdain for our democratic process. “
All appointed companies routinely comply with court-issued preservation orders issued during criminal investigations. But Warner’s letter is an informal request, without the legal force of a criminal preservation order, and it is unclear how the companies will respond. Preservation orders issued by the court are often issued in confidence, so it is also possible that one of the many agencies investigating the attack on the Capitol has already issued such an order.
We contacted the companies to ask how and if they plan to fulfill Warner’s request and will update if we get a response from them. A Facebook spokesman said in an email to The Verge that the company was “continuing our proactive and ongoing disclosure for law enforcement and worked to provide quick responses to valid legal requests. We are removing content, deactivating accounts and working with law enforcement to protect us from direct threats to public security. ”
Warner said Political that after Wednesday’s attack, Congress “would return with a vengeance” against social media platforms that were unable to contain violent content and threats on their platforms. “It will come back and bite them,” he said.
January 9 update at 1:15 pm ET: Add Facebook comment