Twitter rails at transparency report conditions, files suit against US
Twitter has launched a suit against the US Government. The lawsuit, filed in the US District Court of Northern California, demands that Twitter's full transparency report about law enforcement requests be published in its entirety, and that restrictions placed on what may be disclosed are illegal under the First Amendment of the US Constitution.
Conditions of the Foreign Intelligence Surveillance Act (FISA) prevent companies from disclosing exact numbers of requests it receives in anything but the broadest ranges. Twitter not only wants to disclose more specific numbers, but also wishes to be able to say that they received none, if applicable. The company filed its report, and wanted input on what the government considered classified in July -- in September, the US Government declared that "information contained in the [transparency] report is classified and cannot be publicly released." Twitter disagrees.
Vice President of Twitter Legal Ben Lee wrote that "It's our belief that we are entitled under the First Amendment to respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance -- including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges."
Lee goes on to say that "the Defendants' position forces Twitter either to engage in speech that has been preapproved by government officials or else to refrain from speaking altogether." Additionally, the Twitter-filed complaint says that the restrictions are "an unconstitutional prior restraint" and "government viewpoint discrimination" against Twitter's right to discuss what it has received for legal process claims.
The Ninth Circuit Court of Appeals, also serving California, is examining the same issue from a different complainant this week. A ruling may not come in this week's similar case for some time.
Justice Department spokeswoman Emily Pierce said of the suit that "earlier this year, the government addressed similar concerns raised in a lawsuit brought by several major tech companies." Referring to the current system of transparency, Pierce claimed that "the parties worked collaboratively to allow tech companies to provide broad information on government requests while also protecting national security."
Twitter FISA complaint to US District Court
By Electronista Staff
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Twitter rails at transparency report conditions, files suit against US