Google, Yahoo, Facebook and Microsoft say government has no right to suppress data request disclosures

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Unsealed court documents show Google, Yahoo, Facebook, and Microsoft are arguing that government gag orders that stop them from disclosing the number of national security requests they receive violate the companies' First Amendment right to free speech.

Leaks by former National Security Agency contractor Edward Snowden that revealed how the government uses tech firms in its surveillance efforts have damaged their bottom lines and public reputations -- particularly overseas.

The companies have begun to push back against some government orders to stay silent. The gag orders, called "national security letters," compel Web and telecommunication companies to share information with the government while simultaneously prohibiting them from speaking about the request. Since the Snowden leaks, Google, Yahoo, Facebook, and Microsoft have fought to include more information about national security requests in regular reports they release on how much data the government requests from their servers.

In the court documents, filed in April with the 9th Circuit Court in California, the tech giants argue that the government is infringing on their First Amendment rights -- a form of prior restraint. The government has argued that companies have no First Amendment right to share information gained from participation in a secret government investigation, according to the filing. The case is now on appeal.


Google, Yahoo, Facebook and Microsoft say government has no right to suppress data request disclosures