FISA court asks government to declassify secret order in Yahoo case

The company had said publication of the court's order and parties' briefs would show it had resisted the order in 2008

By , IDG News Service |  Internet

The U.S. Foreign Intelligence Surveillance Court has ordered the government to declassify its secret order and parties' briefs in a case which Yahoo expects will demonstrate that it resisted government directives.

The court ruled on Monday that the government should do a "declassification review" of the court's memorandum of opinion in 2008 and legal briefs submitted by the parties, as it anticipates publishing its opinion in a redacted form. The government will have to report to the court by July 29 on the likely dates for the completion of the declassification of the documents, with priority given to the court opinion, Judge Reggie B. Walton wrote in the order.

Yahoo said in a filing to the court last week that disclosure of the information would show that it objected at every stage of the proceedings, but the 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.

The disclosure of the court's opinion and other documents would also give the public a view into "how the parties and the Court vetted the Government's arguments supporting the use of directives," Yahoo said in the filing.

The court has been set up under the Foreign Intelligence Surveillance Act (FISA) which requires the government to obtain a judicial warrant for certain kinds of intelligence gathering operations.

Internet companies are at the center of a controversy that they reportedly provided real-time access to content on their servers, after former National Security Agency contractor, Edward Snowden, revealed through newspaper reports certain documents about a government surveillance program called Prism.

The companies have denied their participation in the program, and asked for greater transparency in the disclosure of data on government requests for customer information. In separate motions in the court, Microsoft and Google have asked that they be allowed to disclose aggregate statistics on orders and directives that were received under FISA and related regulations.

Secret orders, also known as "gag orders," on companies place limitations on how much they can disclose to the public about possible encroachments on privacy.

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