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Internet companies fight for NSA request information

10 September 2013, 19:00

San Francisco - Some of the world's biggest internet companies on Monday increased efforts to disclose more about their forced co-operation with US spy agencies, and Google asked a court to hold what would be unprecedented public oral arguments.

Google, Facebook and others met with a panel established by the White House to review the sweeping domestic surveillance exposed by Edward Snowden, a former contractor at the National Security Agency.

Separately, Google asked the secret court that approves spying requests for a public hearing on their quest to reveal how many orders the company complies with. Facebook and Yahoo made their own first filings on Monday seeking the ability to disclose more about the orders following Google and Microsoft filings in June.

Google's new court filing adds to its earlier petition. It complains that its reputation and business have been damaged by what it says were misleading reports that the NSA had "direct access" to its internal servers.

The companies have denied those reports, and most now publish summaries that give the number of all the government requests they receive.

Public importance

Most lump together foreign intelligence demands with routine criminal inquiries, though Google says it receives fewer than 1 000 National Security Letters per year, affecting fewer than 2 000 accounts.

The companies want to say more, and Google argues that its First Amendment right to speak out, especially on a matter of great political and public importance, outweighs any harm to intelligence efforts that would come from releasing more detailed but still aggregate statistics.

"The government has identified no statute or regulation that prohibits such disclosure, and it is not appropriate for this court to undertake the essentially legislative function of creating such a prohibition," Google wrote in its filing with the US Foreign Intelligence Surveillance Court.

The court, whose members are appointed by the US Supreme Court chief justice, has never held a public session and generally hears only from the US Justice Department and intelligence agency lawyers.

A Justice Department spokesperson declined to comment.

Google's move follows its confirmation that it is moving more quickly to encrypt data as it moves internally at the company.

On Sunday, Brazilian television cited new Snowden documents in reporting that the NSA has tried to attack Google or at least intercept communications from its users to the company.
The panel established by the White House, called The Review Group on Intelligence and Communications Technology, was charged with recommending how to balance security and privacy concerns.

US President Barack Obama met with the new group on 27 August. It is to provide an interim report within two months.

- Reuters


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