Yahoo says release of secret FISA court order will prove it resisted directives

Yahoo has asked the FISA court to release its order and other documents related to a 2008 decision

By , IDG News Service |  Government

Yahoo wants the Foreign Intelligence Surveillance Court to order the public release of a secret order in a 2008 surveillance dispute, as it will demonstrate that the Internet company "objected strenuously" to government directives.

The company said in a filing that disclosure of the information would show that it objected at every stage of the proceedings, but these objections were overruled and a stay denied. Yahoo like other electronic communications providers is under public pressure to provide more information about its response to U.S. government demands for user data, it said.

A number of Internet companies were charged in newspaper reports of providing real-time access to content on their servers to the U.S. National Security Agency under a surveillance program called Prism. The documents that formed the basis of these charges came from a former NSA contractor, Edward Snowden. The companies have denied their participation, and asked for greater transparency in the disclosure of data on government requests for customer information.

Making the FISC's analysis available to the public in the 2008 case will provide the public with information about "how the parties and the Court vetted the Government's arguments supporting the use of directives," Yahoo's attorneys said in the filing Tuesday.

The government has not objected to Yahoo's request for release of the court's orders and parties' briefings. In a filing by the U.S. Department of Justice, it said that it was at the discretion of the court to publish the opinion, and it takes no "position on this request." The government would conduct a classification review at the court's request.

Yahoo first filed for publication of the court's order in June, but referred to itself as a "provider" and redacted its name so that the motion could be made public.

In separate motions, Microsoft and Google have asked that they be allowed by the court to disclose aggregate statistics on orders and directives that were received under the Foreign Intelligence Surveillance Act and related regulations.

The rejection of Yahoo's argument against data-gathering in the 2008 ruling gave the government leverage to persuade other technology companies to comply with similar demands for information, unnamed legal experts told the San Jose Mercury News.

Yahoo could not be immediately reached for comment.

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