Rushe reports: "Google and Facebook have called for the US authorities to allow them to fully disclose the number of secret requests they receive to hand over users' data."



The gag orders under Fisa requests mean that Google cannot even say whether it has received them. (photo: NewsBizBlog.com)

Google and Facebook Ask DoJ for Permission to Publish FISA Requests

By Dominic Rushe, Guardian UK

oogle and Facebook have called for the US authorities to allow them to fully disclose the number of secret requests they receive to hand over users' data.

The Silicon Valley companies, with rivals including Apple, have been left reeling after the disclosure by the Guardian and Washington Post of the undercover National Security Agency (NSA) operation Prism, which claimed "direct" access to the tech giants' servers.

In a letter from Google to the US attorney general, Eric Holder, also published on its corporate blog, the company once again said allegations that the US government had "unfettered access to our users' data are simply untrue". But, the letter added, the fact that Google was not allowed to disclose requests made for information under the Foreign Intelligence Surveillance Act (Fisa) "fuel[s] that speculation".

Fisa requests come with gag orders, meaning Google, Facebook and other tech companies cannot say whether they have received them.

David Drummond, Google's chief legal officer, wrote in the letter to Holder: "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."

A statement from Facebook's general counsel, Ted Ullyot, followed. He said the company "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".

The letter and statement come days after Google and Facebook categorically denied knowingly participating in Prism. Internal NSA documents state that Prism involves "collection directly from the servers of these US service providers: Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple".

Drummond and Google co-founder Larry Page said the company provided data to the government "only in accordance with the law". They also said that no "back door" to Google's information had been set up and that they had never heard of Prism until approached by the Guardian last week.

Mark Zuckerberg, the founder and chief executive of Facebook, described the press reports about Prism as "outrageous".