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Tech Firms, DOJ Reach Agreement on Disclosure

Tech Firms, DOJ Reach Agreement on Disclosure
January 29, 2014 9:37AM

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The Justice Department reached agreements with Google, Microsoft, Yahoo, Facebook and LinkedIn that would resolve those companies' legal challenges before the Foreign Intelligence Surveillance Court. The companies had asked judges to allow them to disclose data on national security orders the companies have received under FISA.

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The U.S. government and leading Internet companies on Monday announced a compromise that will allow those companies to reveal more information about how often they are ordered to turn over customer information to the government in national security investigations.

The Justice Department reached agreements with Google Inc., Microsoft Corp., Yahoo Inc., Facebook Inc. and LinkedIn Corp. that would resolve those companies' legal challenges before the Foreign Intelligence Surveillance Court. The companies had asked judges to allow them to disclose data on national security orders the companies have received under the Foreign Intelligence Surveillance Act.

The delivery of customer information to the government from Internet companies has been under examination in the United States following leaks about National Security Agency surveillance by former NSA systems analyst Edward Snowden.

Some of those companies were among several U.S. Internet businesses identified as giving the NSA access to customer data under the program known as PRISM. But the companies had said they wanted to make the disclosures in order to correct inaccuracies in news reports and to calm public speculation about the scope of the companies' cooperation with the government. The providers wanted to show that only a tiny fraction of their customers' accounts have been subject to legal orders.

The government had opposed those requests, but reached a deal with the companies late last week that would give customers a better idea of how much information is being collected.

"Permitting disclosure of this aggregate data addresses an important area of concern to communications providers and the public," Attorney General Eric Holder and Director of National Intelligence James Clapper said in a joint statement.

The five companies welcomed the deal, but said more needs to be done. "We filed our lawsuits because we believe that the public has a right to know about the volume and types of national security requests we receive," the companies said in a joint statement. "While this is a very positive step, we'll continue to encourage Congress to take additional steps to address all of the reforms we believe are needed."

Apple also released a statement. "We believe strongly that our customers have the right to understand how their personal information is being handled, and we are pleased the government has developed new rules that allow us to more accurately report law enforcement orders and national security orders in the U.S.," the company said on its Web site.

Sen. Ron Wyden called it a "positive first step." `'Though there is still a great deal of work to do, today's announcement is good for American companies and the Americans they employ and serve," he said. (continued...)

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