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Google Files First Amendment Challenge Against FISA Gag Order

The Washington Post reports that Google has filed a motion challenging the gag orders preventing it from disclosing information about the data requests it receives from government agencies. The motion cites the free speech protections of the First Amendment. "FISA court data requests typically are known only to small numbers of a company’s employees. Discussing the requests openly, either within or beyond the walls of an involved company, can violate federal law." From the filing (PDF): "On June 6, 2013, The Guardian newspaper published a story mischaracterizing the scope and nature of Google's receipt of and compliance with foreign intelligence surveillance requests. ... In light of the intense public interest generated by The Guardian's and Post's erroneous articles, and others that have followed them, Google seeks to increase its transparency with users and the public regarding its receipt of national security requests, if any. ... Google's reputation and business has been harmed by the false or misleading reports in the media, and Google's users are concerned by the allegation. Google must respond to such claims with more than generalities. ... In particular, Google seeks a declaratory judgment that Google as a right under the First Amendment to publish ... two aggregate unclassified numbers: (1) the total number of FISA requests it receives, if any; and (2) the total number of users or accounts encompassed within such requests."

3 of 163 comments (clear)

  1. Re:Uhm Yeah by 14erCleaner · · Score: 5, Informative

    we may have an actual chance to hear what the Government is actually requesting

    They're only asking to be allowed to release counts, not the content of the requests. So, no, still no chance of finding out what's being requested.

    --
    Have you read my blog lately?
  2. Re:why not just publish them? by Anonymous Coward · · Score: 5, Informative

    YES. Because it ACTUALLY HAPPENED BEFORE.

    The QWest CEO/Chairman got 10 years in prison for refusing to wiretap his own customers.
    Do you even remember seeing any news about that anywhere?

    That's how easy it is!

    And EXACTLY because people like you think "Naaah, that's *too* crazy.".
    It's one of the two secrets for every successful con job too.

  3. Re:why not just publish them? by Anonymous Coward · · Score: 5, Informative

    "And then the DoJ targeted him and prosecuted him and put
    him in prison for insider trading -- on the theory that he knew of
    anticipated income from secret programs that QWest was planning for
    the government, while the public didn't because it was classified and
    he couldn't legally tell them, and then he bought or sold QWest stock
    knowing those things."

    Wow.