As part of Twitter’s latest transparency
report released in July, the company described how they were being prohibited
from reporting on the actual scope of surveillance of Twitter users by the U.S.
government. However, according to the board of the company, they claim that
their ability to speak has been restricted by laws that prohibit and even
criminalize a service provider like Twitter from disclosing the exact number of
national security letters (“NSLs”) and Foreign Intelligence Surveillance Act
(“FISA”) court orders received — even if that number is zero.
Thus, the company reported recently that it
is their belief that they are entitled under the First Amendment to respond to
the company’s 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.
The company (Twitter Inc.) concern is however that they should be free to do
this in a meaningful way, rather than in broad, inexact ranges.
So, Yesterday (7th of October
2014), Twitter have filed a lawsuit in federal court seeking to publish our
full Transparency Report, and asking the court to declare these restrictions on
their ability to speak about government surveillance as unconstitutional under
the First Amendment. The Ninth Circuit Court of Appeals is already considering
the constitutionality of the non-disclosure provisions of the NSL law later
this week.
The company (Twitter Inc.) have tried to
achieve the level of transparency their users deserve without litigation, but
to no avail. In April, they 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.
Meanwhile, Twitter Inc. continue to look
for comprehensive reform of government surveillance powers in the U.S., and
support meaningful efforts such as the USA Freedom Act of 2014 as introduced by
Senate Judiciary Committee Chairman Patrick Leahy (D-VT), which would allow
companies like Twitter to provide more transparency to its users.
“This is an important issue for anyone who
believes in a strong First Amendment, and we hope to be able to share our
complete Transparency Report”; the company Public officer (Ben Lee (@BenL)
opines.