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Twitter Government Privacy The Courts

Twitter Sues US Government Over National Security Data Requests 57

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."
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Twitter Sues US Government Over National Security Data Requests

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  • That pesky supreme court decision.

    • 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

  • good for them (Score:5, Insightful)

    by sribe ( 304414 ) on Tuesday October 07, 2014 @05:57PM (#48087679)

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

    • 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.
      • Re:good for them (Score:5, Insightful)

        by Just Some Guy ( 3352 ) <kirk+slashdot@strauser.com> on Tuesday October 07, 2014 @07:01PM (#48088047) Homepage Journal

        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.

      • by SeaFox ( 739806 )

        ...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.

    • Re:good for them (Score:4, Insightful)

      by Frosty Piss ( 770223 ) * on Tuesday October 07, 2014 @09:05PM (#48088429)

      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...

  • Leak it (Score:5, Interesting)

    by Anonymous Coward on Tuesday October 07, 2014 @06:00PM (#48087703)

    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.

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

      • 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.
    • by Anonymous Coward

      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.

  • by WillAffleckUW ( 858324 ) on Tuesday October 07, 2014 @06:03PM (#48087721) Homepage Journal

    ... 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.

    • Re: (Score:2, Insightful)

      by Anonymous Coward
      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.
      • 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.

    • 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.

  • by PPH ( 736903 ) on Tuesday October 07, 2014 @06:06PM (#48087739)

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

    • They probably sent Twitter a bunch of letters, but Twitter objected at the 141rst one.
      • Twitter didn't object to any of them. They objected to not being able to report how many and what type were issued.

    • by Anonymous Coward

      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

    • by GNious ( 953874 )

      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.

  • by Anonymous Coward on Tuesday October 07, 2014 @06:14PM (#48087783)

    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".

    • by zeugma-amp ( 139862 ) on Tuesday October 07, 2014 @06:39PM (#48087919) Homepage
      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.
      • 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
        • 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.

    • 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.

  • imagine the achievement of suing the Fed in 160 chars.

  • by bestweasel ( 773758 ) on Tuesday October 07, 2014 @09:57PM (#48088615)
    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 [techdirt.com] between the government and Facebook, Google, LinkedIn, Microsoft and Yahoo! (laid down in what the lawsuit calls the Deputy Attorney General's letter (PDF) [justice.gov], 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 [slashdot.org]?

    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 [twitter.com] 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 [twitter.com] from law enforcement in the US, covering 1918 accounts. Does this suggest that Twitter receive about the same number of NSL & FISA orders?
  • by Anonymous Coward on Wednesday October 08, 2014 @12:09AM (#48089091)

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

  • 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 aga

  • by Tasha26 ( 1613349 ) on Wednesday October 08, 2014 @07:03AM (#48090229) Homepage
    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!
  • Clearly, the solution is to send the fully unredacted report to every Twitter employee, and tell them not to leak the document.

The 11 is for people with the pride of a 10 and the pocketbook of an 8. -- R.B. Greenberg [referring to PDPs?]

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