War Crimes Prosecutors Rely on Social Media Posts. Will TikTok Share Ukraine Footage?

"TikTok is resisting calls to preserve and hand over access to its content for war crime investigations," reports the Financial Times, "as lawyers and activists warn that the Chinese-owned app is a major data challenge in prosecuting atrocities in Russia's invasion of Ukraine."The video app's popularity with young Ukrainians and Russians posting footage of the war has made it a trove of digital intelligence that investigators are attempting to mine and archive as evidence of war crimes, crimes against humanity, and illegal acts of violence in Ukraine.... "I have concerns about the security of data there, and it is not fully clear where the interest and influence in the company is coming from," said Dia Kayyali, associate director for advocacy at Mnemonic, a nonprofit that archives digital documentation of human rights violations. "It is especially concerning that China could directly have access to that data...." Since early 2022, TikTok has met with human rights lawyers, activists, and others involved in Ukraine war crime investigations. However, it has yet to introduce any changes to its process or the product itself. Criminal prosecutors are increasingly relying on social media posts from TikTok and others as a way to "bring the crime scene to the courtroom," said Karim Khan, chief prosecutor of the International Criminal Court. "Any effective investigation anywhere in the world now really requires a very effective harnessing of social media," said Khan. "People... recording killings or attacks or the consequences of attacks in real time, it can have absolutely fantastic probative value...." TikTok said it regularly meets with organizations, government bodies, and third-party experts to gather feedback and is committed to cooperating with law enforcement while respecting the privacy of its users.

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