Discord & Warrantless Disclosures

Names and word choices have Been gently changed to protect the identity of those involved, along with their employment. Employment and identities have been verified prior to publication.

“Have a look at this! It was insane to me…[to have received that]"

No, that’s not us paraphrasing - that’s the investigator’s thought.

Jay*, a digital investigator for the UK Government, had "never seen anything of the sort" before. In an interview with our team, he revealed that Discord, the popular social communication platform, has developed a troubling tendency to share user data with law enforcement before obtaining a warrant or order. This revelation stems from the Russo-Ukrainian conflict, where a user based in the United Kingdom, involved in the CyberDefense of Ukraine, caught Discord's attention.

What makes this situation even more alarming is that Discord handed over a complete user data package and even initiated a "request to investigate" without any prior legal authorization or active investigation. Jay expressed his disbelief when he asked how they knew the suspect existed, only to be told that Discord had simply provided them with the information. They had identified the user's residential and accurate IP address, reviewed the messages related to the Ukraine and Russia war, and informed law enforcement about potential cyber offenses committed by individuals in the UK. This unprecedented action has left Jay bewildered, having never encountered such a situation throughout his career.

This revelation is not only surprising but also raises a broader issue that demands attention. In the realm of law enforcement data acquisition, there are typically two well-defined paths - forced acquisition and voluntary provision. Investigators either obtain data through legal means or rely on companies to share relevant information in response to a lawful order. However, Discord's actions introduce a concerning third option, where data is handed over without any cause for inquiry or voluntary submission. This creates an environment where actions that may not inherently be criminal are classified as such, bypassing crucial judicial checks and balances designed to protect citizens in similar situations.

The implications of this discovery are significant, particularly for individuals residing in countries like Sweden or Switzerland. It calls for a closer examination of the processes and policies surrounding law enforcement data acquisition to ensure the protection of citizens' rights and privacy.