Google, Microsoft Press Lawsuits for Right to Release More Surveillance Data

Perennial competitors in the search realm, Google and Microsoft have set down their swords to press the U.S. government in court for the right to publish statistics on secret surveillance demands against their customers, the companies said today.

In June, the two internet giants separately petitioned a federal court for permission to release the number of national security requests they get from the government for customer data. The U.S. repeatedly stalled in responding in court, asking for six extensions in two months. 

Then yesterday the Obama administration announced on its own that it would begin releasing limited statistics itself: specifically the total number of national security requests it issued for customer data in the past 12 months. It will then release the same information every year going forward.

But Microsoft and Google say that doesn’t go nearly far enough. The companies will press their legal action seeking the right to release more statistics, including a breakdown of the number of requests specifically targeting user content, versus requests seeking metadata like the sender and recipient on e-mail. And they will not consent to more delays.

“[W]e believe it is vital to publish information that clearly shows the number of national security demands for user content, such as the text of an email,” Brad Smith, Microsoft’s general counsel wrote today on the company’s blog. “These figures should be published in a form that is distinct from the number of demands that capture only metadata such as the subscriber information associated with a particular email address.

“We believe it’s possible to publish these figures in a manner that avoids putting security at risk. And unless this type of information is made public, any discussion of government practices and service provider obligations will remain incomplete.”

Microsoft acknowledged the unusual partnership with its competitor.

“To followers of technology issues, there are many days when Microsoft and Google stand apart,” Smith wrote. “But today our two companies stand together. We both remain concerned with the Government’s continued unwillingness to permit us to publish sufficient data relating to Foreign Intelligence Surveillance Act (FISA) orders.”

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