Twitter investigation documents are subpoenaed by the House GOP

The Republican-led House Judiciary Committee has subpoenaed the Federal Trade Commission for documents related to the agency's ongoing investigation of Twitter Inc.'s privacy practices, according to a member of the committee and documents seen by Trade Algo. 

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Aides to Rep. Jim Jordan (R., Ohio), the chairman of the House Energy and Commerce Committee, confirmed that Jordan had authorized the subpoena sent Wednesday to FTC Chair Lina Khan on the grounds that the FTC had not cooperated with previous written and verbal requests.

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Mr. Jordan, in a letter accompanying the subpoena, stated that the committee has been unable to obtain all documents and communications related to the investigation despite a March 10 request for those documents and communications. It was determined that Elon Musk, Twitter's owner and CEO, had made "inappropriate and burdensome" demands to Twitter and its parent company, the FTC. 

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An FTC spokesman said that the agency respected the role Congress has in overseeing the agency. "We have made a number of offers to Chairman Jordan's staff to brief them on our investigation into Twitter. This is a standing offer that was made prior to the imposition of this entirely unnecessary subpoena," the spokesman, Douglas Farrar, said.

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Mr. Jordan has previously been told by Ms. Khan that investigations conducted by the FTC are confidential. 

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"It is imperative that Twitter adheres to FTC orders, especially when dealing with Recidivists," she said in a letter dated March 27. In the letter, she referred to Twitter's history of privacy breaches and security issues. "Throughout its history, the FTC has consistently discharged its statutory obligations faithfully as well as enforced the law without fear or favor." 

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As a result of an investigation conducted by the Federal Trade Commission, Twitter has been required to comply with a 2022 order it signed settling allegations that it violated its promises to protect the privacy of its users. Twitter's CEO, Elon Musk, has been asked by the Federal Trade Commission to turn over his personal communications and explain some of his high-profile business decisions.  

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As a result of the subpoena, Mr. Jordan has targeted law-enforcement agencies he believes are abusing their authority and accuses them of abusing their power. As well as subpoenaing the FBI, he has also requested documents from the Manhattan district attorney's office, which recently filed charges against former President Donald Trump, as well as the Federal Bureau of Investigation. In response to the latter move, Mr. Jordan filed a countersuit this week accusing him of seeking sensitive information and interfering with a criminal prosecution. 

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There has been a lot of criticism that Democrats have directed at Mr. Jordan for using the committee's powers for doing favors for his political allies, a charge that Republicans have leveled against Mr. Musk, who has won Republican praise for reversing Twitter's ban of Mr. Trump's account as well as for his other controversial actions. According to Mr. Jordan, he intends to fight back against what he believes to be the "weaponization" of federal agencies by Democrats.

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"There are extremely serious concerns about Facebook's handling of consumers' data that are being echoed by the FTC," according to Rep. Stacey Plaskett, a member of Congress that is not a voting member of the Democratic Party from the U.S. Virgin Islands, during a judiciary committee hearing on Twitter last month. "Apparently, something is going on between congressional Republicans and Elon Musk at the moment." 

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As Mr. Musk tries to bring Twitter to profitability, the FTC probe could pose a danger to the company's future.  Among the terms of the consent agreement in 2022, the company was fined $150 million and must jump through a series of legal hoops when it launches new products and features, or it may face further penalties.  

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One of the demands that Mr. Jordan made was addressed by Ms. Khan: He requested to know why the FTC had asked Twitter about its interactions with journalists during the course of the investigation.  

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There have been a number of journalists granted access to Twitter internal records in recent months, an initiative that has been dubbed the "Twitter Files."

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In a letter sent on Dec. 13, the FTC listed four journalists publicly known to have reported on the files and asked Twitter to identify all journalists who had gained access to the files, according to a copy of the letter obtained by the House committee and reviewed by Trade Algo.  

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Twitter was also asked in the letter to explain what information journalists were given, whether those journalists had their background checked, and what steps Twitter had taken to ensure they didn't gain unauthorized access to sensitive user information as a result of their reporting.

According to Mr. Jordan in a letter he sent to the FTC on March 10, the Twitter investigation does not justify violating the First Amendment, which protects the right to freedom of expression and the press.  

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The FTC, according to Ms. Khan's written response to the complaint, expressed concern regarding the exposure of Twitter users' personal data after learning that journalists were given a great deal of access to company records by the company. 

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“Given that the threat to the privacy and security of Twitter users can be posed by anyone outside of Twitter gaining access to the information of Twitter users, the FTC’s order does not include an exemption for journalists,” said Ms. Khan.  

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In a testimony before the House panel of investigators last month, Matt Taibbi, a journalist who was provided access to the Twitter records, claimed that the group "did not have access to any kind of personal information."