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Shedding some light on Foreign Intelligence Surveillance Act (FISA) requests
February 3, 2014
We believe the public deserves to know the full extent to which governments request user information from Google. That’s why for the past four years we’ve shared and continuously expanded and updated information about government requests for user information in our
Transparency Report
.
Until now, the U.S. Department of Justice (DoJ) opposed our efforts to publish statistics specifically about Foreign Intelligence Surveillance Act (FISA) requests. Under FISA, the government may apply for orders from a special FISA Court to require U.S. companies to hand over users’ personal information and the content of their communications. Although FISA was passed by elected representatives and is available for anyone to read, the way the law is used is typically kept secret. Last summer’s revelations about government surveillance remind us of the challenges that secrecy can present to a democracy that relies on public debate.
Last year we
filed a lawsuit
asking the FISA Court to let us disclose the number of FISA requests we may receive and how many users/accounts they include. We’d previously secured permission to publish information about
National Security Letters
, and FISA requests were the only remaining type of demands excluded from our report.
Today, for the first time, our report on government requests for user information encompasses all of the requests we receive, subject only to
delays imposed by the DoJ
regarding how quickly we can include certain requests in our statistics.
Publishing
these numbers
is a step in the right direction, and speaks to the
principles for reform
that we announced with other companies last December. But we still believe more transparency is needed so everyone can better understand how surveillance laws work and decide whether or not they serve the public interest. Specifically, we want to disclose the precise numbers and types of requests we receive, as well as the number of users they affect in a timely way. That’s why we need Congress to go another step further and pass
legislation
(PDF) that will enable us to say more.
You have the right to know how laws affect the security of your information online. We’ll keep fighting for your ability to exercise that right by pushing for greater transparency around the world.
Posted by Richard Salgado, Legal Director, Law Enforcement and Information Security
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