The FBI Paid Twitter $3.4 Million for Processing Requests

There’s been ample insinuation that these agencies were politically motivated. But all of this was happening at a time when President Donald Trump was in power and his people were running DHS and the FBI. Rather than agencies intent on swaying the 2020 election for Biden, their actions seem like run-of-the-mill paranoia and attempts at control.

This brings us back to the money the FBI gave Twitter for “time spent processing requests.” In the last installment of the Twitter Files, Matt Taibbi reported on some of those requests, many of which were related to potential election misinformation. Twitter looked into the flagged tweets and accounts, sometimes complying with the FBI and sometimes not.

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Twitter’s “Guidelines for law enforcement” does state under a section titled “Cost reimbursement” that “Twitter may seek reimbursement for costs associated with information produced pursuant to legal process and as permitted by law (e.g., under 18 U.S.C. §2706).” But the fact that this garnered millions from the FBI was not, as far as I can tell, known until now.

Related:

No, The FBI Is NOT ‘Paying Twitter To Censor’

But this is a misreading/misunderstanding of how things work. This had nothing to do with any “influence campaign.” The law already says that if the FBI is legally requesting information for an investigation under a number of different legal authorities, the companies receiving those requests can be reimbursed for fulfilling them.

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I do think it remains a scandal the way that 2703(d) orders work, and the inability of users to push back on them. But that is the law. And it has literally nothing whatsoever to do with “censorship” requests. It is entirely about investigations by the FBI into Twitter users based on evidence of a crime. If you want, you can read the DOJ’s own guidelines regarding what they can request under 2703(d).

2703(d) order:

Under the Electronic Communications Privacy Act of 1986, law enforcement must obtain a court order under 18 U.S.C. §2703(d) (2703(d) order) to compel a provider to disclose more detailed records about a customer’s or subscriber’s use of services, such as the following