[HN Gopher] FTC says Amazon executives destroyed potential evide...
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       FTC says Amazon executives destroyed potential evidence using apps
       like Signal
        
       Author : belter
       Score  : 39 points
       Date   : 2024-04-27 20:26 UTC (2 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | ranger_danger wrote:
       | > accused of using a chat app
       | 
       | > You can't use apps for what they're designed for!
       | 
       | my sides, in orbit
        
         | madeofpalk wrote:
         | Guns are made for shooting, but murder is still illegal.
        
           | hereme888 wrote:
           | Murder = killing without just cause.
           | 
           | Killing is not illegal (for self defense, or to save an
           | innocent life). Neither is revolting against an oppressive
           | government in the US, as per the constitution.
        
       | pylua wrote:
       | I would have imagine most major ceos are on constant litigation
       | hold considering the sheer volume of lawsuits.
       | 
       | If I am reading that correctly, the ceo got a litigation hold
       | from internal legal nine months after the original issuance to
       | Amazon ? That is also strange.
        
       | branon wrote:
       | Good, this is why E2EE and user-controlled communications need
       | protected at all costs. Citizens need to defend the right to
       | communicate privately and ephemerally from government snoops.
       | Because if they can force (or try to) Amazon to fork over comms
       | records, they can do the same to me or to you.
       | 
       | Destruction of evidence is one thing, let them get nailed for
       | that. But they weren't afraid to communicate privately and
       | neither should we.
       | 
       | And we can't let the government hold these antitrust suits up as
       | an example of "this is why we need to break encryption, so we can
       | protect consumers from the big bad monopolies" either. I bet
       | that'll be the narrative at some point.
        
         | dwallin wrote:
         | This is not two citizens having a private conversation. These
         | are actions and conversations taken on behalf of a corporation.
         | Corporations are given tons of privileges, but in exchange they
         | have additional responsibilities that individuals do not have.
         | If employees cause the company to violate those
         | responsibilities the employees are generally not held directly
         | responsible (unless they were directly violating a law). It's
         | the company itself who is held liable for the actions of its
         | employees in this case.
        
         | hereme888 wrote:
         | Agreed. If their data is safe, the rest of us are safe, too.
         | I'll keep using Signal.
        
       | jrockway wrote:
       | I've never been a big fan of mandatory message retention. To me,
       | it just seems like punishment for the literate. You don't make
       | people under litigation holds carry around a voice recorder all
       | day, so you're giving people an out; if they are a more talkative
       | person than a writing person. Since writing is harder than
       | talking, this has always felt awfully unfair.
       | 
       | As for the lack of messages in this case, they always say the
       | coverup is worse than the crime, but if you don't know what the
       | crime is, how can you be so sure?
        
         | vlovich123 wrote:
         | One difference is that writing and digital communication more
         | broadly is a far more efficient communication mechanism than in
         | person voice communications.
         | 
         | > of using the ephemeral messaging app for months after the
         | feds notified Amazon of the antitrust investigation
         | 
         | I think switching to ephemeral messaging apps specifically in
         | response to antitrust investigation is evidence of mens rea
         | that you're in an illicit conspiracy. As for the crime:
         | 
         | > The FTC accused Amazon of creating a secret "Project Nessie"
         | pricing algorithm that may have generated more than $1 billion
         | in extra profits.)
         | 
         | You can distrust the government or not believe their argument,
         | but our criminal justice system does depend on the government
         | being able to perform an investigation.
        
         | akira2501 wrote:
         | > I've never been a big fan of mandatory message retention
         | 
         | It's the price of being publicly traded, which is born out of
         | our lessons learned from the Enron scandal, and gave us
         | incredibly simple SOX regulations, and decades of strange
         | antipathy towards them.
         | 
         | > it just seems like punishment for the literate.
         | 
         | Are you suggesting that companies are eschewing written
         | communication for verbal communication as a means of bypassing
         | this legislation? And that it's unfair you have no similar
         | bypass? That's a pretty morally relative take.
         | 
         | > but if you don't know what the crime is, how can you be so
         | sure?
         | 
         | You've precisely described _why_ the coverup is seen as worse
         | than the crime.
        
           | elevatedastalt wrote:
           | OP is specifically comparing voice to text. So it's nothing
           | to do with being publicly traded.
           | 
           | Publicly traded companies aren't expected to record all voice
           | conversations done by their employees and retain those
           | recordings for future court cases.
           | 
           | That's the double-standard that OP is pointing out. There
           | seems to be an expectation that text chat should be recorded
           | and persisted and audio not.
           | 
           | This is a vestige of an old era when text was for more
           | "formal" or serious conversation and chat for informal.
           | 
           | Today with IM-ing and remote work text can be as ephemeral as
           | voice.
        
       | ararar wrote:
       | Most Fortune 500 companies have (I am extrapolating wildly here
       | since I haven't worked at all of them) email retention policies
       | that specify that emails will not be kept past a certain time
       | after reception. So when an opposing lawyer requires the emails
       | that were sent a year ago ... well, those were deleted as per
       | policy. It's weird that if the companies had a policy to
       | immediately delete them it would be "bad" but if they delete them
       | after 30 days due to "storage" reasons and a clear, global,
       | openly stated policy, it's OK. It doesn't stop someone from
       | stuffing old emails in a folder.
        
       | jgtor wrote:
       | For exactly the same reasons, Amazon limits message retentions on
       | it's internal Slack platform and aggressively enforces mailbox
       | quotas in it's internal email system. Up to some shady
       | shenanigans, and don't have to hand it over as part of discovery
       | if they don't got the record in the first place. Exactly the same
       | way criminal gangs operate!
        
       | ChrisArchitect wrote:
       | Related:
       | 
       | Washington Post article referenced:
       | 
       |  _Federal regulators accuse Amazon executives of deleting
       | messages_
       | 
       | https://news.ycombinator.com/item?id=40182270
        
       | nickff wrote:
       | Somewhat ironic for government officials to say that private
       | organizations are destroying evidence by using these apps. I
       | heard an interview with Janet Napoletano (when she was secretary
       | of homeland security) saying she avoided corresponding over
       | e-mail or instant message to avoid leaving a 'paper trail'.
        
       | TriangleEdge wrote:
       | I could be wrong, but my assumption is that tech companies with a
       | lot of talent develop their own messaging apps for the execs and
       | friends. Why would they risk using a popular platform? The data
       | could be sent via whatever medium, doesn't need to be ethernet. I
       | also assume this is how most illegal collusion is done as well,
       | unless someone wants to give me other data points.
        
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       (page generated 2024-04-27 23:00 UTC)