Twitter sues US Justice for right to disclose surveillance requests

Posted: October 7, 2014 at 6:47 pm

Twitter has filed a lawsuit againt the US Department of Justice yesterday, alleging that the restrictions on what the company can report publicly about the governments national security requests for user data violate the firms First Amendment rights.

In the suit filed in the US District Court Twitter argued that the current rules prevent it from even stating that it has not received any national security requests for user information.

Twitter said the restrictions violate the Constitution's First Amendment guarantee of free speech.

Tech companies have sought to clarify their relationships with law enforcement and spying agencies in the wake of revelations by former National Security Agency contractor Edward Snowden that outlined the depth of US spying activities.

Twitter's lawsuit follows an agreement between companies like Google and Microsoft with the government about court orders they receive related to surveillance.

The agreement freed the companies to disclose the number of orders they received, but only in broad ranges. A company that offers email services, for example, would be able to say it received between zero and 999 orders from the Foreign Intelligence Surveillance Court during a six-month period for email content belonging to someone outside the United States.

"The US government has taken the position that service providers like Twitter are even prohibited from saying that they have received zero national security requests, or zero of a particular type of national security request," Twitter said in its complaint.

The Justice Department responded to the lawsuit with a statement on how it has worked with other companies.

Earlier this year, the government addressed similar concerns raised in a lawsuit brought by several major tech companies," Justice Department spokeswoman Emily Pierce said. "There, the parties worked collaboratively to allow tech companies to provide broad information on government requests while also protecting national security."

The American Civil Liberties Union praised Twitter's action, saying in a statement that the company was doing the right thing by "challenging this tangled web of secrecy rules and gag orders."

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Twitter sues US Justice for right to disclose surveillance requests

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