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Culture War Roundup for the week of December 19, 2022

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Twitter Files 7

Another Twitter Files post: Link

Michael Shellenberger writes this one, arguing that the FBI worked hard to prime social media platforms into thinking a hacked release would come out prior to the 2020 election. He writes the following.

  1. The FBI's regular meetings with people like Yoel Roth were characterized by the latter as telling him that state actors might try a "hack and leak" operation prior to the election.

  2. The FBI was aware that there wasn't anything to go by on this claim, as Special Agent Elvis Chan testified.

  3. Twitter found no evidence of significant Russian/foreign interference on the platform, and Roth repeatedly informed Chan/the FBI on multiple occasions about this.

  4. Twitter repeatedly resisted efforts by the FBI to get data outside the normal search warrant process and was aware that the FBI was trying to probe a lot.

  5. The FBI eventually got temporary clearances to share top-secret info with Twitter executives regarding APT28, a Russian hacking organization. Roth described himself as being "primed primed to think about the Russian hacking group APT28 before news of the Hunter Biden laptop came out."

  6. Former FBI employees were so numerous at Twitter that they had their own internal slack channels.

  7. In September 2020, Roth and others partook of a tabletop exercise to simulate a "hack and dump" operation regarding the Biden campaign. The goal was apparently to "shape" how the media would respond.

  8. When the Hunter Biden leak finally happened, Roth would argue that it appeared more like a subtle leak, since nothing appeared in clear violation of the rules. Jim Baker would respond that it seemed hacked, so Twitter was reasonable in suppressing it until more information came out. But this is nearly impossible, since the FBI's subpoena for the laptop was attached to the NYPost article.

  9. Roth appeared to buy this story now, and in an email said that it was likely that hacked materials were uploaded to the laptop and given to the shop.

  10. There is a pattern of the FBI trying to warn elected officials with a goal of leaking to the news. They did this with Senators Grassley and Johnson, who were investigating and believed that it compromised their credibility. Jim Baker was apparently investigated twice for leaking information (in 2017 and 2019).

As a reminder, the above is what he's arguing, not what I think is necessarily true.

From what I can see, it appears the FBI was very insistent upon the possibility of a 2016 DNC-style hack. I don't think this is necessarily unreasonable until the election is settled - that the hack didn't happen doesn't mean you could conclude it wouldn't were you in the months leading up to the election.

Far more damning is the attempts at getting Twitter's information outside the normal search warrant process. Twitter and its staff are vindicated in this regard, they appear to not have given in to the FBI's requests in 2020. A caveat to this, however, is that we don't necessarily know why they shut off this access in the first place, and how long it was open before that.

A secondary objection of mine is the blurring of public and private boundary with how intelligence officials and agencies were coordinating with and sharing classified information with these companies in an effort to get them on-board with doing work for the FBI. It's difficult to articulate what I precisely find problematic here. The closest I could come to explaining my feelings here is that I don't want these people to ever be more than formal acquaintances because it ends up reducing the chance of them acting as independent stations of power.

A secondary objection of mine is the blurring of public and private boundary with how intelligence officials and agencies were coordinating with and sharing classified information with these companies in an effort to get them on-board with doing work for the FBI. It's difficult to articulate what I precisely find problematic here.

I have not been following the Twitter files particularly closely (nor am I a fan of Elon), but I think you're right here: while some of the actions are plausibly shady, it's unclear exactly where the lines that might have been crossed are. In particular, private parties like Twitter presumably have a right to report and discuss things with law enforcement. And law enforcement is allowed to ask nicely for data that would require a warrant to compel. In this instance, none of that data would seem to incriminate Twitter, so they might well choose to share it: props to them for choosing not to do so. Twitter can choose to hire ex-FBI folks -- indeed, for reducing certain unsavory criminal activities on their network, one can imagine that ex-FBI agents are in fact quite relevant subject matter experts on things.

There's certainly a level of implicit or explicit threat that would be too far, but I'm not sure I could pin that down. I haven't seen any particular suggestion of a clear, flagrant violation. The Hunter Biden laptop stuff (which seems to have been incorrectly flagged) gets quite close, but I haven't seen enough evidence to convince me that either side was deliberately acting in bad faith. I don't like that Twitter's moderation seems to have had quite the political bias, but that is an annoyance, not a crime.