Out-Law News 2 min. read

Tech giants want to make more details on data surveillance public


Google, Facebook, Microsoft and Twitter have called for there to be greater transparency on the issue of state surveillance of digital communications.

Media reports in recent days have revealed details about a US computer system called 'Prism' through which officials at the US' National Security Agency (NSA) can access information stored by Google, Facebook and Microsoft, and a number of other technology companies.

Amidst uproar from privacy groups, US government and intelligence officials have claimed that data is accessed in line with the US' Foreign Intelligence Surveillance Act (FISA). Many of the tech firms have denied knowledge of Prism and claimed that they do not participate in any surveillance programme that involves granting direct access to their systems.

Now Google, Facebook and Microsoft, together with Twitter which has not been linked with the Prism programme, have called for greater transparency on state surveillance. Google has written to US Attorney General Eric Holder and director of the FBI Robert Mueller in an effort to convince them to lift existing disclosure restrictions.

"Assertions in the press that our compliance with these requests gives the US government unfettered access to our users’ data are simply untrue," David Drummond, chief legal officer at Google, said. "However, government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation."

"We therefore ask you to help make it possible for Google to publish in our Transparency Report aggregate numbers of national security requests, including FISA disclosures - in terms of both the number we receive and their scope. Google’s numbers would clearly show that our compliance with these requests falls far short of the claims being made. Google has nothing to hide," he said.

"Transparency here will likewise serve the public interest without harming national security," Drummond added.

Alex Macgillivray, general counsel at Twitter, said Twitter "supports efforts" for greater transparency about the National Security Letters (NSLs) the FBI can issue to electronic communication service providers under the US Patriot Act.

NSLs can be served in order to obtain "the name, address, length of service, and local and long distance toll billing records" of users providing it is "relevant to an authorised investigation to protect against international terrorism or clandestine intelligence activities."

Facebook general counsel Ted Ullyot also issued a statement urging greater openness on state surveillance.

"We strongly encourage all governments to be much more transparent about all programs aimed at keeping the public safe," Ullyot said. "In the past, we have questioned the value of releasing a transparency report that, because of exactly these types of government restrictions on disclosure, is necessarily incomplete and therefore potentially misleading to users. We would welcome the opportunity to provide a transparency report that allows us to share with those who use Facebook around the world a complete picture of the government requests we receive, and how we respond."

"We urge the United States government to help make that possible by allowing companies to include information about the size and scope of national security requests we receive, and look forward to publishing a report that includes that information," he added.

Microsoft said, according to a report by the Reuters news agency: "Permitting greater transparency on the aggregate volume and scope of national security requests, including Fisa orders, would help the community understand and debate these important issues. Our recent report went as far as we legally could and the government should take action to allow companies to provide additional transparency."

Data protection law specialist Marc Dautlich of Pinsent Masons, the law firm behind Out-Law.com, earlier this week said that the reports about Prism should prompt businesses in the UK to review their data storage and outsourcing arrangements

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