But there is a provision of federal law that allows electronic service providers to volunteer information to law enforcement. To do so, they need to believe “in good faith … that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency.” 18 USC 2702(c).
So, Facebook and other Silicon Valley companies could have developed an AI engine to search for strings of words that its legal department has precleared — in good faith — as evidence of an emergency involving a danger of death or serious injury. (And after the fact, the injuries that occurred in the January 6 riot could be used to predict such a danger from a lot of antigovernment and “rigged election” talk.)
These passages could be excerpted by social media platforms, along with identifying information, and sent to Justice, under the “danger of death or injury” exception. Justice could then use them to subpoena all of the less inflammatory posts by the same people and then farm out the results to local FBI offices for investigation across the country.