(ONE HUNDRED EIGHTEENTH CONGRESS Congress of the Wnited States House of Representatives COMMITTEE ON THE JUDICIARY 2138 Ravounw House Orrice BUILDING ‘Wasiuner0n, DC 20615-6216 Tune 18, 2024 Mr. Daniel F. Donovan King & Spalding LLP 1700 Pennsylvania Avenue, NW ‘Washington, DC 20006-4707 Re: Alphabet Dear Mr. Donovan: ‘The Committee on the Judiciary and Select Subcommittee on the Weaponization of the Federal Government are conducting oversight of how and to what extent the Executive Branch, has coerced or colluded with companies and other intermediaries to censor Americans’ speech,! Congress has an important interest in protecting and advancing fundamental free speech principles. To develop effective legislation, such as the possible enactment of new statutory limits on the Executive Branch’s ability to work with Big Tech to restrict the circulation of content and deplatform users, the Committee and the Select Subcemmittee must first understand how and to what extent the Executive Branch coerced and colluded with companies and other intermediaries to censor speech. Asa patt of this oversight, on February 15, 2023, afler efforts to obtain the voluntary compliance of your client, Alphabet, the Committee issued a subpoena for relevant documents, with a return date of March 23, 2023. The subpoena compels Alphabet to produce communications between Alphabet and the Executive Branch, internal Alphabet communications discussing communications from the Executive Branch, and Alphabet communications with third parties that may have been working with the Executive Branch, in addition to other key information. In light of YouTube’s recent announcement that it will be changing its content moderation policies on June 18, 2024 to further censor content relating to firearms and other constitutionally protected Second Amendment activity, we write to remind Alphabet that the * See Ryan Tracy, Facebook Bowed to White House Pressure, Removed Covid Posts, WALLST. 1. (Suly 28, 2023). 2 Letter from Rep. Jim Jordan to Sundar Pichai, CEO, Alphabet (Feb. 15, 2023) (attaching subpoena). Alphabet's rolling productions were insufficiently responsive to the Committee's request, so the Committee again wrote to Alphabet on May 8, 2023, reasserting the requests. See Letter from Rep. Jim Jordan to Daniel Donovan (May 8, 2023).Mr. Daniel F. Donovan June 18, 2024 Page 2 subpoena’s obligation is “continuing in nature’** relating to this new policy change.‘ and to request that you produce documents ‘The Committee’s and Select Subcommittee’s oversight has shown how the federal goverment has coetced or colluded with technology, social media, and other companies, including Alphabet, to moderate content online.* In particular, the Committee obtained documents showing how the federal government has pressured Alphabet to censor certain content, including content that did not violate YouTube's content moderation policies.* Recent reporting and other publicly available information suggests that YouTube's decision to change its firearms policy may have been influenced by government officials and third parties interested in suppressing certain Second Amendment-related content.” For example, on April 24, 2024, New York District Attomey Alvin Bragg, who hired the third highest-ranking Department of Justice official to assist in his partisan prosecution of President Trump,® wrote a letter to YouTube, demanding that the platform revise its content moderation policies to further censor firearms-related content.’ Following YouTube's announcement, Bragg’s office issued a 2 See Document Subpoena to Mr. Sundar Pichai, CEO, Alphabet (Feb. 15, 2023), Insiructions, 14. 4 See YouTube Firearms poticy, YOUTUBE, available at htips/support google com youtube/ansiwer/76676057hl=en (last accessed June 5, 2024) ("Starting June 18, 2024, certain content showing how to remove safety devices will be prohibited. Content showing the use of homemade firearms, automatic firearms, and certain firearm accessories willl be age restricted”) $ See, e.g, STAFF OF THE H. COMA ON THE JUDICIARY AND THE SELECT SUBCOMM. ON THE WEAPONIZATION OF THE Fe, Gov'T OF THE H. Cont ON THE JUDICIARY, 118TH CONG., THE CENSORSHIP INDUSTRIAL. COMPLEX: How TOP BIDEN WHIT HouSE OrFictaLs CoRRCED BIG TECH TO CENSOR AMERICANS, TRUE INFORMATION, AND CRITICS OF ‘THE BIDEN ApaarvtsTRATION (Comm, Print May 1, 2024. 4 See, eg, id, at 6, 52-66, see also Rep. im Jordan (@Jim_Jordan), X (Now. 30, 2023, 8:44 AM), Inips:/twiter cotn/Jim_Jordan/status/1 730221 179632226337; Rep. Jim Jordan (@im_ Jordan), X (Dee, 1, 2023, 2:25 PM), hitps:/twittercom/Jim_Jordan’status/1 7306697280021 42706, Rep. Jim Jordan (@Jim_Jordan), X (May 1, 2024, 409 PMD), https//x.com /Jim_Jordan/status/1785763383142129733, See, e.g, Daysia Tolentino, YouTube is implementing stricter rules around gun videos, NBC NEWS (June 6, 2024) (In April, Manhattan District Attomey Alvin Bragg wrote a letter to YouTube CEO Neal Mohan calling out ‘YouTube.") see also Letter trom Alvin Bragg. N.Y. District Attomey, to Neal Mohan, CEO, YouTube (Apr. 24, 2024), available at https//manhattanda org/wp-content uploads/2024/4/DA-Bragg-Letter-to-Neal- Mohan.4.24.24 pdf (last accessed June 5, 2024); Jack Winstanley etal, Videos showing how to simulate or create aly automatic weapons are on YouTube, despite the platform's policies, MEDts MATTERS FOR AMERICA (Apr. 1 '2024); Press Release, Sen, Richard Blumenthal, Senators Demand YouTube Remove Instructional Videos on Manufacturing & Assembling Ghost Guns (Feb, 15, 2022), hitps:/www blumenthal senate gov newsroam/presstelesse/senators-demandl-youtube-remove-instructional-videos- con-manufacturing-and-assembling-ghost-guns, Letter from Justin Wagner, Everytown for Gun Safety Support Fund, to Susan Wojcicki, CEO, YouTube (Dec. 6, 2021), available at hnips//everytownsupportfund orp/documents/2021/2/youtube-ghost-guns-letter pal (last accessed June 5, 2024), * See Blie Honig, Prosecutors Got Trump — But They Contorted the Law, N.Y. MAG. (May 31, 2024) (“The charges against Trump are obscure, and nearly entirely unprecedented. In fact, no state prosecutor — in New York, of ‘Wyoming, or anywhere — has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything, None, Bver, Even putting aside the specifies of election law, the Manhattan DA itself almost never brings any case in which falsification of business records isthe only charge. ”); STAFF OF THE H, COMM. ON ‘THE JUDICIARY, 118TH CONG, AN ANATOMY OF A POLITICAL PROSECUTION; THE MANHATTAN DISTRICT ATTORNEY'S OFFICE'S VENDETTA AGAINST PRESIDENT DONALD J. TRUM (Comm, Print Apr. 25, 2024). * Letter from Alvin Bragg, N.Y. District Attomey, to Neal Mohan, CEO, YouTube (Apr. 24, 2024), available at hitps/manhattanda org/wp-content/uploads'2024/04/DA-Brage-Latter-to-Neal-Mohan 4.24 24 paf (“YouTube mustMr. Daniel F. Donovan June 18, 2024 Page 3 press release applauding the new firearms content policy change, suggesting that it was “{i}n response” to Bragg’s demands." Given that YouTube has censored First Amendment-protected speech as a result of government agencies’ requests and demands in the past, these revelations raise serious concems about whether and to what extent the Executive Branch is working with third parties and other intermediaries to coerce and/or collude with YouTube to censor lawful speech regarding the Second Amendment and firearms." ‘The Committee’s subpoena compels Alphabet to produce communications between Alphabet and other entities discussing content moderation, which includes communications and records involving, referring, or relating to Alphabet's interactions with the Executive Branch and other entities regarding changes to its firearms content policy.'? We write to inform you that documents concerning Alphabet’s interactions with the Executive Branch and third parties that may have been working with the Executive Branch relating to YouTube's new firearms policy are responsive to the Committee’s subpoena. We ask that you take all appropriate steps to identify and produce these responsive documents expeditiously, and we remind you that the Committee's subpoena imposes a legal obligation that is “continuing in nature.” Accordingly, please begin producing responsive documents and communications conceming YouTube's new firearms policy change, in accordance with the Committee's February 15, 2023, subpoena, as soon as possible but no later than 10:00 a.m. on July 2, 2024. Pursuant to the Rules of the House of Representatives, the Committee on the Judiciary has jurisdiction to conduct oversight of matters concerning “civil liberties” to inform potential legislative reforms." In addition, House Resolution 12 authorized the Committee's Select Subcommittee on the Weaponization of the Federal Government to investigate “issues related to the violation of the eivil liberties of citizens of the United States.”!S revise its content moderation strategies to take a proactive role in both making sure that current videos demonstrating how to ereate ghost guns are removed, and future videos are prohibited from being uploaded.”). Press Release, Manhattan DA’s Office, D.A. Bragg Applauds YouTube For Changing Firearm Content Guidelines In Response To Advocacy Prom Office (June 5, 2024, https://manhattanda ore/<-a-bregs-applauds- ‘youtube-for-changing-firearm-content-guidelines-in-response-o-advocacy-from-office’. (“in an April letter, the District Attorney's Office called on. YouTube to take additional steps to stop the proliferation of videos on its| platform, many of which are pushed towards young children and adults through its algorithm, that show how to ‘make and manufacture ghost guns and 3D-printed guns.[..] In response, YouTube issued new guidance this week that specifically prohibits videos that provide instructions on how to remove certain firearm safety devices. In addition, the company created new categories of age-restricted content that is inappropriate for viewers under 18, including content showing the use of a homemade firearm or automatic firearm and its accessories [..] I thank ‘Youtube for their responsiveness and willingness to work with our Office, and we look forward to continued collaboration on this issue.”) 1 See, e.g., Rep. Jim Jordan (@Jim_fordan), X (Nov. 30.2023, 8:44 AM), hnips:twitter.cotn/Jim_Jordan/status/1 730221 179632226337, Rep. Jim Jordan (@Jim_Jordan), X (Dee, 1, 2023, 2:26 PM), hitps:/twittercom/Jim_Jordan status! 7306697280021442706, Rep. Jim Jordan (@Jim_Jordan), X (May 1, 2024, 4:09 PMD, httpsi/x.com Jim_lordan/status/1785763383142129733, 2 See Letter from Rep. im Jordan, Chairman, H. Comm. on the Judiciary, to Mr. Sundar Pichai, CEO, Alphabet eb. 15, 2023) (attaching subpoena. 9 See Document Subpoena to Mr. Sundar Pichai, CEO, Alphabet (Feb. 15, 2023), Instructions, 14 Rules of the House of Representatives R. X (2023). 8H Res 12 § 10X1Mr. Daniel F. Donovan June 18, 2024 Page 4 If you have any questions about this request, please contact Commiitize staffat (202) 225- 6906. Thank you for your client's prompt attention to this matter. Sincerely, L Yarden ‘hm Jorg Chait ce: ‘The Honorable Jerrold L. Nadler, Ranking Member