FTC says Amazon executives destroyed potential evidence by using apps like Signal

1 week ago

FTC lawyers submitted a filing connected Thursday that claims Amazon’s apical execs utilized Signal’s disappearing messages characteristic to destruct grounds applicable to nan agency’s monolithic antitrust lawsuit. (You retrieve nan one? The FTC accused Amazon of creating a concealed “Project Nessie” pricing algorithm that whitethorn person generated more than $1 cardinal successful other profits.)

Now, The Washington Post (which is owned by Amazon laminitis and erstwhile CEO Jeff Bezos) reports that Amazon is conscionable 1 of respective companies precocious accused of turning to encrypted messaging apps for illustration Signal that tin permanently erase messages automatically.

You whitethorn callback nan authorities making akin arguments about Sam Bankman-Fried’s usage of Signal during his proceedings for fraud and how that verdict yet shook out. Deleted chats were besides a sticking constituent for at slightest 1 juror successful Google’s caller courtroom loss to Epic Games and came up successful the DOJ’s antitrust proceedings against Google.

This week’s filing includes screenshots of a Signal chat betwixt 2 Amazon executives who said, “Are you emotion encrypted?” and proceeded to move connected disappearing messages.

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Image: Federal Trade Commission et al v. Amazon.com Inc

The FTC’s lawyers opportunity Bezos, existent CEO Andy Jassy, wide counsel David Zapolsky, erstwhile CEO of worldwide operations Dave Clark, and different execs are each Signal users. Bezos is identified successful nan archive arsenic “a dense Signal user” who instructed others to usage nan app, though the 2018 hacking of his individual cellphone whitethorn beryllium portion of nan logic for that.

And because Amazon didn’t instruct labor to sphere messages sent successful nan app until much than 15 months aft it was notified of nan investigation, nan FTC argues, “It is highly apt that applicable accusation has been destroyed arsenic a consequence of Amazon’s actions and inactions.”

The FTC lawyers are pursuing find into Amazon’s efforts to sphere documents truthful they tin fig retired conscionable really overmuch accusation mightiness beryllium missing. Despite requests past autumn for applicable documents astir what proposal Amazon gave to labor astir ephemeral apps, nan FTC claims that Amazon has truthful acold refused to nutrient overmuch of what was requested. If nan judge finds that Amazon was negligent successful failing to sphere information tied to nan case, it could look sanctions, and things could get worse if nan judge finds nan failures were intentional.