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Microsoft and Google Challenge US Government Gag Orders

Posted by timothy on from the infinite-gagging dept.

First time accepted submitter ace37 writes "Microsoft says it plans to move ahead with a lawsuit filed against the U.S. government in June to affirm the right of businesses to disclose limited information about government demands for data made under the Foreign Intelligence Surveillance Act (FISA). In separate legal filings, Microsoft and Google challenged the gag order that typically accompanies FISA demands for customer data. The two companies asserted that they have a First Amendment right to publish the total number of FISA requests received and the total number of user accounts covered by such requests."

9 of 115 comments (clear)

  1. Here's hoping... by static0verdrive · · Score: 4, Insightful

    This type of lawsuit can help regain some of the liberties the government has taken away, or at least some of the transparency. #WishfulThinking

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    1. Re:Here's hoping... by Zero__Kelvin · · Score: 3, Insightful

      "Well, when you are served with a FISA order, we will worry about your liberties."

      Your statement represents a complete misunderstanding of FISA and what the warrants are for. The warrants are to access data about me data, or your data, or other citizens, not the corporations.

      "They need to push for revealing MORE information. For instance, EVERY USER, who's account was subject to such an order should be notified (after a suitable passage of time, 6 months seems right for most cases)."

      That's a great idea. Let's take it to its logical conclusion and stop serving people with search warrants prior to the search. We can have the "authorities" search your home, and let you know they did it about six months later.

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  2. Good for the goose... by mschaffer · · Score: 5, Insightful

    Why can't MS and Google publish "metadata" on the number of FISA requests and number of accounts requested?
    If it is good for the goose, it's good for the gander.

    1. Re:Good for the goose... by cookYourDog · · Score: 4, Insightful

      Like when NSA letter was delivered, who delivered it, the 5 closest contacts of the deliverer, and deliverer's favorite TV series?

  3. Thank you Edward Snowden by Alain+Williams · · Score: 4, Insightful

    I am not saying that this would not have happened without his revelations, but I suspect that the feelings of antipathy that he has helped to stir up about the NSA & government spying have given companies more courage in pushing harder to challenge these things. Maybe for fear of loosing users if they are seen to cave in too easily, maybe because they really do want to do the right thing and feel that the tide might turn and make the effort worth while.

  4. Just these two companies? by wjcofkc · · Score: 4, Insightful

    I can think of more than a few other very large companies, who through the nature of the business they conduct, should be joining Microsoft and Google. This is a good start, but it would be nice to see a whole bunch of companies gang up on the government over this. It might also help the little guys stand up.

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  5. Re:Too little, too late... by kqs · · Score: 4, Insightful

    Google, at least, has been fighting this for a while. Probably Microsoft too.

    You know, I often wonder why companies like Google even bother fighting for our privacy, when people like you are happy to whine and complain about them without looking into the facts. Why do they bother fighting the good fight when they know that no matter what they do, they'll be blamed and hated. Just think, your ignorance is helping the NSA and hurting Google and Microsoft. Bet you feel mighty proud.

    The solution, as always, is knowledge. Know who to support. Know who to vote for. Know what to write your congresscritters. Learn, and always assume that there is something you don't know so you have to learn more, and look behind the curtains.

  6. Re:Let's see the others by NoKaOi · · Score: 3, Insightful

    Particularly Wastebook, stand up and do the same.

    Why? Facebook's whole business model is based around selling data to advertisers. If it costs more to sue the gov't than what they would be charging the government for that data (maybe they already are) then, from a business perspective, why would they sue them? From a PR perspective, they want push the point that sharing your personal data is just fine, so suing would also be contrary to that goal.

    Does Facebook even HAVE data they promise not to share openly?

    While I don't think they promise anything, they don't generally share all their data openly. They charge money for it. Sure, on an individual basis you can get a lot of data openly on somebody based on their "public" profile, but you'll need to pay them if you want all of it or want it in bulk.

  7. Re:Too little, too late... by markjhood2003 · · Score: 3, Insightful

    I often wonder why companies like Google even bother fighting for our privacy, when people like you are happy to whine and complain about them without looking into the facts.

    I would think that most people, after looking at the facts, would conclude that neither Google nor Microsoft have any real concern about fighting for their users' privacy. Do you not have any recollection of Eric Schmidt's famous quote, "If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place"?

    Google and Microsoft are effectively in the same business as the NSA. The only reason to have any sympathy for them is that instead of competing against another business, they are competing against the US government, which basically nationalized their data collection mechanisms for their own purposes.