WASHINGTON — FBI Director Christopher Wray said Thursday he can’t “be sure” whether Facebook is sending the bureau user information without official requests — after a recent report alleged the social media giant is flagging up information with a “partisan” slant.
House Judiciary Committee Republicans claimed earlier this month that the FBI receives “private user information from Facebook, but without the user’s consent or the legal process the FBI would otherwise need to independently pursue such user-related information.”
Sen. Rand Paul (R-Ky.) asked Wray during a Senate Homeland Security Committee hearing about the alleged partnership — named in the House report, based in part on whistleblower claims of pro-Democratic bias within the FBI, as “Operation Bronze Griffin.”
“Is Facebook or any other social media company supplying private messages or data on American users that is not compelled by the government or the FBI?” Paul asked Wray.
“Not compelled — in other words, not in response to the legal process?” Wray replied.
“No warrant, no subpoena — they’re just supplying you information on their users?” Paul clarified.
“I don’t believe so. But I can’t sit here and be sure of that as I sit here,” Wray said.
“Can you give us a yes or no by going back to your team and asking?” Paul insisted. “Because it’s a very specific question because if they are, it’s against the law — the law, the Stored Communications Act, the Electronic Communications Privacy Act of 1986, prohibits providers from sharing electronic communications with any person or entity unless it’s compelled.
“This was done to protect the privacy of people, so we can feel like we can send an email or direct message to people without having that information given over.
“It’s a very specific question,” Paul continued. “Will you get with your team of lawyers and give us a specific answer? Because this is the law. If you’re doing it, then we need to go to court to prevent you from receiving this information.”
“Well, I can tell you that I’m quite confident we’re following the law,” Wray said. “But I will also follow up with you to make sure that we get more information, more detailed information.”
There’s some legal fuzziness when it comes to companies handing over user information due to various court rulings over the past decade on law enforcement collection of records voluntarily shared with companies.
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FBI chief Wray: Can’t ‘be sure’ if Facebook sending agents user info
“I don’t believe so. But I can’t sit here and be sure of that as I sit here,” FBI Director Christopher Wray said.
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