Exhibit X: The Courts
Computer Says Maybe
*How big tech engages with the ICC *
The process of obtaining evidence from social media platforms for legal investigations involves a 90-day preservation request period during which data must be held before a lawful entity can secure a warrant or subpoena. After that time, data may be deleted, complicating its retrieval for ongoing cases. Companies are required to comply with these orders, but they often face competing priorities, particularly around user privacy and public perception, especially in the wake of incidents like the NSA scandal. This incident heightened companies' sensitivities, making them more cautious in deciding whether to treat requests from the International Criminal Court (ICC) as law enforcement inquiries or as human rights matters. This is crucial as it influences their willingness to share information, reflecting their strategic choice on how to engage with new legal mechanisms, leading to varying interpretations of their obligations under international human rights frameworks.
