18 June 2021
Recent revelations about Trump-era data grabs by federal authorities have put the U.S. in a tricky spot as it competes with China to lead the digital age.
The assumption in the West is that U.S. tech companies only provide the government with data when it follows the rules and goes after specific suspects — while, in China, tech companies are forced to share everything with the government.
Yes, but: Reality is messier.
- As the Trump Justice Department pursued leaks and critics in Congress, the media and the White House itself, it obtained court orders to scoop up data from Apple, Microsoft and other tech providers.
- Then courts put the companies under gag orders that blocked them from warning their customers they'd been targeted — or even revealing the existence of the gag orders themselves.
Why it matters: The frequency and possible partisan motivation of these U.S. data grabs could undercut U.S. leverage as it rallies allies to oppose China and negotiates a new agreement with Europe on data sharing and storage.
Microsoft president Brad Smithcalled for an end to such secret court orders in a recent Washington Post opinion piece.
- He noted that, as more and more personal communications get backed up to cloud providers, the potential targets for such orders are multiplying.
Between the lines: Tech companies generally follow a single standard for dealing with governments around the world: they obey the local laws of the country where they are doing business.
- In most cases, at government request, tech providers offer up metadata like call logs rather than the content of communications. But that can be revealing enough.
- Sometimes operating under local laws proves impossible or unconscionable, and the companies pull out or get kicked out, as happened a little over a decade ago to Facebook and Google search in China.
On occasion, the U.S. government has pressed tech companies further than they are willing to go.
- Apple fought an FBI request that it create a version of its operating system that would give the agency access to an encrypted iPhone used by a shooter in a 2015 San Bernardino mass killing.
More often, though, tech companies find their hands tied because a legal entity has served them with a valid order.
- Firms have fought back with transparency reports or the use of a warrant canary to signal to the public when they have been forced to covertly provide customer information.
Flashback: The Trump-era gag orders continue a long tradition of the U.S. government simultaneously grabbing data from tech companies and demanding their silence, dating back to the FISA courts created in the wake of the 9/11 attacks.
- The Snowden revelations showed how the NSA managed to get bulk data from telecom firms in that era.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.