US to allow companies to disclose more details on government requests for data

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The Justice Department has agreed to relax its long-standing gag order on certain types of sensitive data requests made to companies, allowing them for the first time to publicize -- in broad terms -- how often they must furnish customer information to the government, US officials announced.

The agreement, struck in response to legal challenges from Google, Microsoft and other technology companies, comes as part of President Obama’s effort to ease the secrecy around government intelligence-gathering in the aftermath of revelations by former National Security Agency contractor Edward Snowden. The new policy will allow companies to report on national security letters -- a form of administrative subpoena -- as well as on requests from the Foreign Intelligence Surveillance Court (FISC). However, they will be permitted to disclose the volume of requests only in wide numerical ranges. The same rules will apply to requests from the FISC. Companies will also have the option of lumping the two categories of data requests together in a single total. If they do so, the numeric range can be in smaller bands, such as between “zero and 249,” according to the Justice Department. US officials have said that more-precise reporting might tip targets off to investigations.


US to allow companies to disclose more details on government requests for data Joint Statement by Attorney General Eric Holder and Director of National Intelligence James Clapper on New Reporting Methods for National Security Orders (Department of Justice) Government Reaches Deal With Tech Firms on Data Requests (Wall Street Journal) Internet firms can disclose more on government requests for data (USAToday) Feds, Internet companies to open up data requests (The Hill) Tech companies win right to disclose number of NSA requests (GigaOm) Department of Justice announces new gag-order deal with Google, Facebook, Microsoft and Apple (The Verge)