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Twitter Sues US Government Over National Security Data Requests

mpicpp sends news that Twitter is suing the U.S. government to fight their rules on what information can be shared about national security-related requests for user data. Service providers like Twitter are prohibited from telling us the exact number of National Security Letters and FISA court orders they've received. Google has filed a challenge based on First Amendment rights, and Twitter's lawsuit (PDF) is taking a similar approach. Twitter VP Ben Lee says, "We've tried to achieve the level of transparency our users deserve without litigation, but to no avail. In April, we provided a draft Transparency Report addendum to the U.S. Department of Justice and the Federal Bureau of Investigation, a report which we hoped would provide meaningful transparency for our users. After many months of discussions, we were unable to convince them to allow us to publish even a redacted version of the report."

57 comments

  1. Corporations are People too by bongey · · Score: 1

    That pesky supreme court decision.

    1. Re:Corporations are People too by Anonymous Coward · · Score: 0

      Mitt Romney was asked to comment, but he was busy not being president.

    2. Re:Corporations are People too by Anonymous Coward · · Score: 1

      Not sure why you would single out Mitt Romney. All politicians are scum.

    3. Re:Corporations are People too by davester666 · · Score: 1

      He tries harder because he can use his wife's money.

      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:Corporations are People too by gamemank · · Score: 1

      You joke, but I think this is a serious question. NSLs and associated gag orders are clearly totalitarian and wrong. The Citizen's United decision is wrong -- corporate entities do not have rights. However -- if we assume that corporations do not have first amendment rights, are NSL gag orders unconstitutional or illegal?

      One way I can see it is that it is constitutional for the government to prohibit e.g. Twitter from publishing these reports, and Twitter can then do their responsibility under the law in telling their employees not to publish the data (like any corporate NDA). Then if an employee does leak it, it is a breach of contract between them and Twitter, but it would be unconstitutional for the government to go after the employee for violating the gag order. As far as the government is concerned, the entity known as "Twitter" leaked the data and violated the gag order. The government can go after Twitter, but for what, fines? In this case "piercing the corporate veil" would be a violation of the first amendment. (Incidentally, what are the penalties for violating these gag orders?)

      On the one hand, I applaud corporations standing up to this abuse. However, I think winning this case based on the false premise of Corporate Free Speech would be a very dangerous precedent and entrenching of Citizen's United-style logic.

  2. good for them by sribe · · Score: 4, Insightful

    It's nice to see rich and powerful corporations starting to stand up and oppose these abuses...

    1. Re:good for them by Anonymous Coward · · Score: 0, Insightful

      It's a shame the people who made those corporations rich and powerful can't say the same.

      How many people visiting Slashdot have a Facebook account, I wonder? Anyone who does is only contributing to the surveillance state, not helping to disarm it. All of these social media sites make their money on tracking users in the first place...wonder why an Android tablet is a few hundred bucks cheaper sometimes than a similar iPad? It would be tempting to chalk that off to Apple simply marking up the prices out of brand name recognition...and that might well be correct for all I know. However, I somehow suspect, judging by the amount of "sync everything to our servers" options I have to disable before I even _use_ an Android tablet, it has more to do with Google being the corporate whore of the NSA and similar agencies. "Do no evil" apparently doesn't include "selling your online, personal history to defense contractors, hostile foreign governments and whoever else rattles the most gold and jewelry for them."

    2. Re:good for them by Stan92057 · · Score: 2

      What's funny is you believe they are doing it for US.I can assure you they are not, look no further then this key $. Forcing corporations to collect data costs money, lots of it.

      --
      Jack of all trades,master of none
    3. Re:good for them by Anonymous Coward · · Score: 1, Funny

      If you aren't doing anything illegal or unethical, this should not even bother you.

    4. Re:good for them by Just+Some+Guy · · Score: 5, Insightful

      What's funny is you believe they are doing it for US.

      What's funny is you think I care. The abuses cost them money, either directly by requiring additional technical and administrative support or indirectly by driving away customers (like "no way I'm using Foo if the government is tapping right into their data center"). They don't like to lose money so they fight it. You and I benefit from the fight.

      I don't care if their motivation is altruism or greed, as long as it gets them off their butts to protest. If I had to choose an effective motivator, I'd probably side with greed as it's a lot more trustworthy. When $megacorp says "we're doing this because we love you and want to protect you!", run quickly. When they say "we're doing this because those assholes in DC are costing us profit", there's a very good chance that they're being perfectly honest.

      --
      Dewey, what part of this looks like authorities should be involved?
    5. Re:good for them by Anonymous Coward · · Score: 0

      sadly, reality does not work that way. the system was widely abused.

    6. Re:good for them by SeaFox · · Score: 2

      ...look no further then this key $. Forcing corporations to collect data costs money, lots of it.

      Yeah... like they aren't collecting the data anyway for their own marketing uses.

    7. Re:good for them by Frosty+Piss · · Score: 3, Insightful

      It's nice to see rich and powerful corporations starting to stand up and oppose these abuses...

      Oh please.

      They understand that this whole "National Security Letter" thing is a threat to their business model. It's all about money.

      But having said that, if it works to my benefit, I'm all for it, I certainly can't afford to sue the government for my privacy, and the EFF is ineffective in just about everything they do.

      So money it is! Go for it, Twitter...

      --
      If you want news from today, you have to come back tomorrow.
    8. Re:good for them by jc42 · · Score: 1

      sadly, reality does not work that way. the system was widely abused.

      Of course it was and is. Why do you think they keep it secret from their own citizens (and law-enforcement agencies)?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    9. Re:good for them by Anonymous Coward · · Score: 0

      Illegal or unethical according to who?

    10. Re:good for them by Anonymous Coward · · Score: 0

      The best way to enforce a policy is to make that policy the cheapest one.

    11. Re:good for them by Anonymous Coward · · Score: 0

      That is from page one of the Nazi Party handbook

    12. Re:good for them by Stan92057 · · Score: 1

      well you know the drill. they don't collect any personal information and no human see it. lol.

      --
      Jack of all trades,master of none
  3. Leak it by Anonymous Coward · · Score: 5, Interesting

    Including names of all agents, cowards, morons or whatever they are called, "working" for the government.

    Just say the documents must have been stolen or something. It's not like the government can say very much when their most secret of all secret agencies didn't manage to stop similar things from happening.

    1. Re:Leak it by brainboyz · · Score: 1

      Oh, look, the email server we sent it to you from was compromised. It got out. Darn our luck.

    2. Re:Leak it by timeOday · · Score: 1

      That doesn't solve Twitter's problem of people fleeing twitter because they want to communicate privately. Twitter's early growth was largely associated with protest movements.

    3. Re:Leak it by Anonymous Coward · · Score: 1

      It's not like the government can say very much when their most secret of all secret agencies didn't manage to stop similar things from happening.

      The government doesn't need to say anything, NSA already kills people based on metadata and without courts or real proof being involved.
      You don't go against them and say "You can't prove anything!" They will know who was responsible and whoops, unfortunately you had an accident.

  4. evil versus evil by Anonymous Coward · · Score: 0

    Perhaps they shall destroy one another.

    1. Re:evil versus evil by Kuroji · · Score: 2

      And that which is not evil will die in the crossfire.

  5. Just because it's Unconstitutional and Illegal by WillAffleckUW · · Score: 5, Insightful

    ... doesn't mean the NSA won't do it.

    By the way, have they admitted they've been tapping all your phone calls beyond the local exchange since the 70s yet?

    All of them. Everywhere.

    Inside the USA.

    And you're worried about Facebook.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Just because it's Unconstitutional and Illegal by Anonymous Coward · · Score: 2, Insightful

      Just because it has been happening for a long time does not mean that it should not be changed. Just because you see something as not being as unconstitutional as something else does not mean it should not be changed.

    2. Re:Just because it's Unconstitutional and Illegal by WillAffleckUW · · Score: 2

      Agreed. The problem is that we always put off the frank discussion of what we actually do, mostly due to Fear.

      There are always excuses. But one need not always accept such excuses.

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:Just because it's Unconstitutional and Illegal by __aaltlg1547 · · Score: 1

      How is this modded "insightful?" A person with insight would have realized that the technology to do what you're describing didn't exist then.

    4. Re:Just because it's Unconstitutional and Illegal by WillAffleckUW · · Score: 1

      Lol, you naive civilian.

      You'd like to think so.

      --
      -- Tigger warning: This post may contain tiggers! --
  6. Leak it by Anonymous Coward · · Score: 0

    Have you tried leaking it?

  7. Number of Letters by PPH · · Score: 4, Funny

    Can't tell you that. But we've bought 200 replacement pet canaries this year.

    --
    Have gnu, will travel.
    1. Re:Number of Letters by GoodNewsJimDotCom · · Score: 1

      They probably sent Twitter a bunch of letters, but Twitter objected at the 141rst one.

    2. Re:Number of Letters by sumdumass · · Score: 2

      Twitter didn't object to any of them. They objected to not being able to report how many and what type were issued.

    3. Re:Number of Letters by Anonymous Coward · · Score: 1

      You should never try using something like warrant canaries*. The law says you have to keep the warrant being issued to you a secret. Which covers any way of releasing the information. If you could simply release the information indirectly then all they would have to do to tell someone how many is to just say how many you didn't get. Because then your technically not saying how many you got. Like if you got 1500 secret warrants and then left a post saying "we can't tell you how many we got, but we can say we didn't get between 1-1499 or 1501-infinity warrants.

      If your allowed to solicit legal advice you may be able to post a classified ad looking for lawyer able to defend against 1500 secret warrants.

      * Unless your a large company, because then you'll just get fined a little bit and won't have to worry about jail.

    4. Re:Number of Letters by GNious · · Score: 1

      Require all communication from the government(s) go via a dedicated email account, then have a robot tweet ever time an email happen to arrive at that account.

    5. Re:Number of Letters by Anonymous Coward · · Score: 0

      Whoosh!

    6. Re:Number of Letters by Anonymous Coward · · Score: 0

      YOU'RE

    7. Re:Number of Letters by Anonymous Coward · · Score: 0

      The law says you have to keep the warrant being issued to you a secret.

      All government correspondence must be submitted in plain text, copied to the publicly readable/writeable /pub subdirectory on our server. We have no physical location inside the USA and our corporate officers are all foreign nationals, located overseas.

  8. So did they by future+assassin · · Score: 1

    tweet it?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  9. Land of the free and home of the brave by Anonymous Coward · · Score: 0

    Wont someone please post about censorship in china to divert attention away from problems at home?

  10. Anything but the number by Anonymous Coward · · Score: 5, Insightful

    The degree of secrecy demanded correlates directly with how unethical the surveillance is.

    If it was limited in scope, with the targeted individuals having a real national security rationale for observation, there would be little necessity for the secrecy. The public reaction might be on the order of suspicion that a search warrant's criteria wasn't really present, but that isn't an intensity of response that is really problematic for the government.

    It's specifically the concealed scale of the surveillance that is clearly most pertinent, and hidden by dire government threat.

    If the interests of the citizens were what was of concern here, we would see little secrecy around the number of inquiries, and much more concern about specifics about the individual inquiries, ostensibly hidden to protect citizens' legal and privacy rights. Instead, we see the precise opposite. The broad -number- is what's obscured and made secret at every opportunity, while the specific targeted data and the legal actions taken from them (i.e. their actual usefulness for legitimate purposes) is an afterthought in terms of government suppression. This inversion alone should be enough to make clear whose "interests" these programs are intended to "secure".

    1. Re: Anything but the number by zeugma-amp · · Score: 5, Insightful

      The layers of secrecy the government surrounds itself with these days is astounding. It gets continually worse every single year. A government that shrouds itself in such secrecy can scarcely call itself legitimate. There are legitimate reasons for secrcy, but we passed the bounds of reasonableness long, long ago.

      --
      This is an ex-parrot!
    2. Re: Anything but the number by BringsApples · · Score: 2

      I know you're right, but if people continue to use the programs that uses them as a product, then what is the government supposed to do? If everyone stopped using these stupid virtual society programs (facebook, twiter, snapchat, etc...) then there wouldn't be this huge amount of data, making the law enforcement agency's mouths water.

      I remember back in 2007 I told people that they were silly to use facebook as it was a data-mining operation. I was basically told to get a tin-foil hat. I put on the tin-foil hat, but they all still joined!

      --
      Politics; n. : A religion whereby man is god.
    3. Re: Anything but the number by Anonymous Coward · · Score: 0

      You realize that makes you a much bigger target because they will think you have something to hide. Also plenty of info about you will be posted from your friends and families pages. You not having an account when almost everyone else does makes it look like you have something to hide.

    4. Re:Anything but the number by __aaltlg1547 · · Score: 1

      Completely wrong. The narrower the targets of surveillance, the more important it is to the investigation that the targets not know they are being targeted because if they know, they can evade a narrowly targeted search. Knowing doesn't help them evade a broad search nearly as much, so it is less apt to disrupt the investigations if the targets of a broad search know they are being watched -- along with everybody else.

    5. Re:Anything but the number by Anonymous Coward · · Score: 0

      This is nonsensical. How does knowing the number of people being monitored inform the particular investigation targets that they are among that number?

      Of course, if you're referring to my statement on "specifics," I am naturally in no way suggesting revealing specific suspect information before they are caught and convicted. At that point, it's irrelevant to any attempts to "evade," and is only meaningful in terms of providing some evidence the surveillance does anything useful at all, and providing that evidence is non-problematic. If there were evidence it is useful at all for the claimed purpose. Which we are, naturally, not provided with either.

    6. Re: Anything but the number by david_thornley · · Score: 1

      Huh? Not putting anything on social media that you wouldn't mind telling the FBI is a good practice, but that doesn't mean the government should be going through the data. What is the government supposed to do? Protect our freedoms, actually, and data-mining Twitter limits our freedoms.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  11. those twitter geniuses... by Connie_Lingus · · Score: 1

    imagine the achievement of suing the Fed in 160 chars.

    --
    never bring a twinkie to a food fight.
  12. Why they can't say zero. by bestweasel · · Score: 4, Interesting

    The Twitter blog entry cited says that they are prevented from revealing the number of NSL & FISA orders received even if that number is zero. The text of the lawsuit explains that under the terms of the settlement in January between the government and Facebook, Google, LinkedIn, Microsoft and Yahoo! (laid down in what the lawsuit calls the Deputy Attorney General's letter (PDF), companies are allowed to give either the numbers of NSL & FISA orders received and accounts affected but only in bands of 1000, of which the first is 0-999, or the total number of orders received in bands of 250, starting with 0-249. Is that what killed Apple's warrant canary?

    Twitter want to publish more specific numbers, including zero. They say that "The DAG Letter cites to no authority for these restrictions on service providers’ speech" and argue that anyway the settlement doesn't apply to them.

    A previous blog entry says Twitter want "to provide that information in much smaller ranges that will be ... more in line with the relatively small number of non-national security information requests we receive." According to Twitter's last transparency report, there were 1257 information requests from law enforcement in the US, covering 1918 accounts. Does this suggest that Twitter receive about the same number of NSL & FISA orders?

  13. What the fuck? by Anonymous Coward · · Score: 0

    1) burn the letter
    2) reply with a request for a warrant
    3) if any NSA scum show up without a warrant and barge in just shoot them for breaking and entering

    problem solved

  14. Only metadata by Anonymous Coward · · Score: 5, Funny

    Why does the government object? After all, it's only metadata.

  15. A very important fight against US totalitarianism by Anonymous Coward · · Score: 1

    The current situation in the United States, strongly parallels the situation that existed in East Germany, except surveillance in the United States is far more invasive, and pervasive. At least someone is taking some kind of stand against the criminal activity of the regime. The persecution of whistle blowers who exposed many of the crimes that have been committed by the US regime is even more worrying. In the past, it would have been expected that their would be congressional hearings, criminal charges against those responsible, long prison sentences, and probably corrupt pardons for the most senior officials (eg. the president), in typical US style. This time though, government in the United States seems to see no need to preserve the illusion of democracy - not that that illusion looks very credible, these days. The gloves are off, and a brutal and repressive regime that arms its ordinary police forces with RVs and automatic weapons, is making clear its willingness to crack the skulls of any opponents. What can an ordinary American do but despair. The majority of the mass media won't rock the boat, there is no way to vote the regime out. The deeply entrenched and utterly corrupt single party government continues to widen the wealth gap, as it pursues a kind of reverse socialism, where it redistributes majority wealth to the richest 0.1%. At the same time, just like the Nazis in Germany, the regime uses the excuse of 'national security', and the usual fearmongering of 'terrorism', to justify attacking people's civil liberties, and launching brutal, bloody, and totally worthless military campaigns abroad. What an utterly vile country America has become.

  16. Hackers of the world unite? by Tasha26 · · Score: 2

    If filthy Monsanto can sue State of Vermont over "GMO" food labelling, on grounds that this violates Monsanto's freedom of speech (yes, am still working that one out), then it's in Twitter's god damn right to sue the US government over its constant abuse of people's private life! It's like asking someone to stop raping you but that someone enacted laws to legalise rape. This is what's going on in the US today!

  17. Leak by fulldecent · · Score: 1

    Clearly, the solution is to send the fully unredacted report to every Twitter employee, and tell them not to leak the document.

    --

    -- I was raised on the command line, bitch

  18. heh by Anonymous Coward · · Score: 0

    That's why you avoid non-FLOSS US based software like plague...

  19. hello by Anonymous Coward · · Score: 0

    visited http://thegioibaoho.com OR http://thegioibaoho.com.vn