FBI’s Wray: Tech Should Be More Accountable for Platform Misuse

The movement leading up to the Jan. 6 insurrection at the Capitol was fostered through social media communication, Sen. Richard Blumenthal, D-Conn., said. He asked Wray what the FBI can do to counter the use of social media to incite violence and whether Big Tech is doing enough. Platforms can do more in flagging and moderating content that violates terms of service, Wray said. But social media companies “enjoy the ability” to amplify and connect people, he said: “We would be in a better place” if companies took more responsibility for misuse of their platforms.

Given social media activity linked to the Jan. 6 riot, it’s surprising it’s not within the FBI’s authority to monitor publicly available social media conversations, said Chairman Dick Durbin, D-Ill. Durbin noted that attorney general guidelines authorize the FBI to “proactively surf the internet to find publicly available websites where the promotion of terrorist crimes are openly taking place.”

It’s a complicated topic, said Wray: What then-FBI Counterterrorism Head Jill Sanborn was trying to say is the bureau doesn’t have the authority to “persistently and passively sit on the internet monitoring” social media. “It’s more complicated than that, but with proper predication and authorized purpose, there are things we can do in terms of publicly available social media,” he said. Many of the initial Jan. 6 suspects were identified because they “made themselves widely visible” on social media, said Wray. About 350 additional suspects were less active online, he said. Durbin told Wray it seems many federal agencies have made good use of artificial intelligence in this regard. The FBI, just like other organizations, has a “big data problem,” and AI is an important tool, said Wray.

Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., plugged her American Innovation and Choice Online Act (S-2992), which she introduced with Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa. She noted DOJ issued a letter of support for the bill, saying Big Tech has spent about $120 million on ads against the bill. One of the debunked claims is that the legislation would hurt national security, she said, noting the DOJ letter reflects the department’s national security stance on the bill. She asked Wray to confirm the DOJ included the FBI’s input on the national security aspects. Wray confirmed it did.

Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah, warned Wray that U.S. citizens have a reasonable expectation of privacy against warrantless searches. He noted a 2021 transparency report showing the FBI identified at least four instances of Americans being searched unlawfully without the agency obtaining orders required under Section 702 of the Foreign Intelligence Surveillance Act. He asked Wray how the FBI found that information and how it confirmed the number was limited to four. Section 702 authorizes collection of electronic communications, including that of foreign citizens, and it leads to incidental collection of Americans’ communication. Lee said he finds it “utterly implausible” there were only four. Wray said he couldn't recall specific information about how the numbers were recorded, but the findings could have derived from a combination of DOJ national security reviews and internal FBI audits focused on FISA compliance.

The FBI is focused on cracking down on Chinese intellectual property theft, Wray told the committee. That includes “fighting the scourge” of ransomware attacks against U.S. businesses, he said. Sen. Ben Sasse, R-Neb., questioned how high of a priority it is for the bureau since those attacks continue to increase in prevalence. The FBI “isn't taking its foot off the gas,” said Wray. China has a hacking program that’s larger than all other nations combined and has stolen more U.S. personal and corporate data than all others combined, he said.