Google has
written to Attorney General Eric Holder asking that they be allowed to publish "aggregate numbers of national security requests, including FISA disclosures" it receives in its annual Transparency Report.
Assertions in the press that our compliance with these requests gives the U.S. government unfettered access to our users’ data are simply untrue. However, government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation.
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.
And Google sounds just a tad defensive. Just last week they were
strongly denying they gave the government "backdoor access" to their data and now they're asking the government for permission to reveal the fact that, yeah, they're actually participating in this program.
As is noted in the letter, Google does already release information information about requests from courts and from governments about user data in their Transparency Report. But it is barred from discussing or even admitting the existence of FISA orders. If Google can provide all this data to the government but not do it in total secrecy, then I guess it figures it won't be evil anymore.
You can read the full letter below the fold.
3:31 PM PT: From Burned in the comments, Facebook has joined in with Google, making a similar request.
We 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.
Dear Attorney General Holder and Director Mueller
Google has worked tremendously hard over the past fifteen years to earn our users’ trust. For example, we offer encryption across our services; we have hired some of the best security engineers in the world; and we have consistently pushed back on overly broad government requests for our users’ data.
We have always made clear that we comply with valid legal requests. And last week, the Director of National Intelligence acknowledged that service providers have received Foreign Intelligence Surveillance Act (FISA) requests.
Assertions in the press that our compliance with these requests gives the U.S. government unfettered access to our users’ data are simply untrue. However, government nondisclosure obligations regarding the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests, fuel that speculation.
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.
Google appreciates that you authorized the recent disclosure of general numbers for national security letters. There have been no adverse consequences arising from their publication, and in fact more companies are receiving your approval to do so as a result of Google’s initiative. Transparency here will likewise serve the public interest without harming national security.
We will be making this letter public and await your response.
David Drummond
Chief Legal Officer