(Reuters) - Some of the world's biggest Internet companies on Monday
increased efforts to disclose more about their forced cooperation with
U.S. spy agencies, and Google Inc asked a court to hold what would be
unprecedented public oral arguments.
Google Inc (GOOG.O), Facebook Inc (FB.O)
and others met with a panel established by the White House to review
the sweeping domestic surveillance exposed by Edward Snowden, a former
contractor at the National Security Agency.
Separately, Google asked the secret court that approves spying requests
for a public hearing on their quest to reveal how many orders the
company complies with. Facebook and Yahoo Inc (YHOO.O)
made their own first filings on Monday seeking the ability to disclose
more about the orders following Google and Microsoft Corp (MSFT.O) filings in June.
Google's new court filing adds to its earlier petition. It complains
that its reputation and business have been damaged by what it says were
misleading reports that the NSA had "direct access" to its internal
servers. The companies have denied those reports, and most now publish
summaries that give the number of all the government requests they
receive.
Most lump together foreign intelligence demands with routine criminal
inquiries, though Google says it receives fewer than 1,000 National
Security Letters per year, affecting fewer than 2,000 accounts.
The companies want to say more, and Google argues that its First
Amendment right to speak out, especially on a matter of great political
and public importance, outweighs any harm to intelligence efforts that
would come from releasing more detailed but still aggregate statistics.
"The government has identified no statute or regulation that prohibits
such disclosure, and it is not appropriate for this court to undertake
the essentially legislative function of creating such a prohibition,"
Google wrote in its filing with the U.S. Foreign Intelligence
Surveillance Court.
The court, whose members are appointed by the U.S. Supreme Court chief
justice, has never held a public session and generally hears only from
the U.S. Justice Department and intelligence agency lawyers.
A Justice Department spokesman declined to comment.
Google's move follows its confirmation that it is moving more quickly to encrypt data as it moves internally at the company.
On Sunday, Brazilian television cited new Snowden documents in reporting
that the NSA has tried to attack Google or at least intercept
communications from its users to the company.
The panel established by the White House, called The Review Group on
Intelligence and Communications Technology, was charged with
recommending how to balance security and privacy concerns. President
Barack Obama met with the new group on August 27. It is to provide an
interim report within two months.
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