Google Asks FISA Court to Allow Publication of Data Requests

Google this week filed a petition with the Foreign Intelligence Surveillance Court, requesting that it be allowed to reveal how many requests for information it receives from the secretive court.

The search giant wants to "disclose limited, aggregate statistics regarding Google's receipt of orders issued by this court, if any, without violating the Foreign Intelligence Surveillance Act (FISA) or the FISC rules of procedure," Google said in the filing.

Under FISA, the FISC can issue requests for user data from tech companies like Google, but the nature of the court requires that those companies remain quiet about having received any such orders. In light of recent leaks, however, Google said it wants to be able to discuss FISA to clear up misleading media reports about its cooperation with agencies like the FBI and National Security Agency.

A June 6 story from The Guardian, for example, "mischaracterize[es] the scope and nature of Google's receipt of and compliance with foreign intelligence surveillance requests," Google wrote, as did a similar story from The Washington Post.

Google responded to those stories with a blog post, but the company said it "seeks to increase its transparency with users and the public regarding its receipt of national security requests, if any."

Last week, Google asked the Department of Justice and FBI to allow publication of FISA numbers, but they "maintain their position that publication of such aggregate numbers is unlawful," Google said.

In recent days, Apple, Yahoo, Facebook, and Microsoft have all published data that includes the number of government requests for user data they have received in recent months. Those numbers all included FISA data, but the feds required that the four companies lump FISA data in with all other government requests for data - federal, state, and city.

Google, however, wants to be able to break out FISA data, like it does with National Security Letters from the FBI. The search giant promised to be vague with FISA data, providing a range (1,000 to 2,000) rather than an exact number.

"Google's reputation and business has been harmed by the false or misleading reports in the media, and Google's users are concerned by the allegations," Google said. "Google must respond to such claims with more than generalities. Moreover, these are matters of significant weight and importance, and transparency is critical to advancing public debate in a thoughtful and democratic manner."

There was a public debate about NSA and FBI surveillance procedures on Capitol Hill earlier this morning when NSA Director Keith Alexander and other top officials appeared before the House Intelligence Committee.

Alexander flatly denied that the agency has direct access to the servers of top tech companies, or that the NSA can flip a switch to read the emails or listen to the phone calls of U.S. citizens whenever they want. He also argued that recent leaks present only part of the story and could jeopardize the safety of Americans.

For more, check out Defending PRISM.