Chairman Roger Wicker, R-Miss., in nearly identical letters Wednesday asked Facebook Inc.'s Mark Zuckerberg and Twitter Inc.'s Jack Dorsey to give the panel specific information regarding whether and how the companies have provided access to any data, analytics, or other information to either major political party, candidate or affiliated groups by Oct. 26.
This includes information related to "post or page performance, engagement, or other data that might shape or influence decision-making by the candidate or campaign," the letters said. "In addition, please indicate whether this information is provided equitably to all candidates, and how decisions are made regarding what information is provided and to whom."
With voting already underway in the 2020 presidential election, Wicker said it's crucial for Americans to be informed of any involvement the social media giants may have with the candidates or political parties that influence the dissemination and control of certain content on their platforms.
The letters were issued a week before Zuckerberg, Dorsey and Google LLC CEO Sundar Pichai are set to separately appear before the committee for a hearing on the tech industry's content moderation practices under Section 230 of the Communications Decency Act. Section 230, the so-called Big Tech liability shield, has landed in the spotlight in recent weeks as lawmakers on both sides of the aisle seek to crack down on misinformation and bias in the way that web platforms handle user-generated content.
A growing number on the right have been calling for removing or scaling back the broad immunity Section 230 gives internet platforms, allowing them not to face liability for user-generated content.
Republicans' long-running battle over claims that Big Tech is censoring conservative speech and promoting progressive views further escalated last week after both Facebook and Twitter made the unusual step to limit the distribution of two New York Post stories containing unsubstantiated claims about Biden and his son Hunter.
The Commerce Committee is not the only Senate panel looking to interview tech executives. Republicans on the Judiciary Committee voted 12-0 Thursday to approve subpoenas for Zuckerberg and Dorsey concerning their platforms' handling of the New York Post stories. The tally was unanimous because Democrats on the panel were boycotting a separate vote to advance U.S. Supreme Court nominee Amy Coney Barrett to the Senate floor.
The Judiciary Committee has not set a date for the hearing, but Chairman Lindsey Graham, R-S.C., said Thursday he hoped the subpoenas for Zuckerberg and Dorsey will give the committee "some leverage to secure their testimony."
Twitter and Facebook in the past denied the bias claims. Spokespeople for the companies declined to comment on Wicker's letter and the Judiciary Committee's subpoenas.
--Additional reporting by Kelcee Griffis. Editing by Brian Baresch.
Update: This story has been updated with comments from Facebook and Twitter.
For a reprint of this article, please contact reprints@law360.com.
