""If Facebook has no reason to think that it should retain the data (subpoena, court order), then it can make choices about what appears on its platform," said Danielle Citron, a professor of law at the University of Maryland, where she teaches and writes about information privacy.
Albert Gidari, the director of privacy at the Stanford Center for Internet and Society, said it's likely that Facebook has kept copies of "anything at issue as part of its preservation obligation" in light of special counsel Robert Mueller's search warrant and the House and Senate Intelligence Committee subpoenas.
Gidari said that because there hasn't been any allegation against Facebook itself, the company has no obligation, absent a court order, to maintain information "that later may be evidence."
But Tom Rubin, a lecturer at Stanford Law School, said that Facebook's "credibility as a global social platform and its responsibility as an internet giant require it to fully embrace an independent, urgent and public review of the facts."
"Facebook’s Russia predicament is of its own doing — it controls the platform, runs the ads, and profits mightily," said Rubin, who previously served as the assistant US Attorney in New York heading investigations and prosecutions of computer crimes.
"The investigation here is as serious as it gets: illegal and hostile foreign influence on the US presidential election," Rubin said. "The issue confronting Facebook is the extent to which it should commit to complete transparency, and the answer to that is straightforward.""