Google Is Ordered To Give Private Customer Data To The FBI
A U.S. judge has ordered Google to comply with FBI secret demands for customer data, despite earlier ruling the warrant less orders unconstitutional. District court judge Susan Illston this week rejected the Internet search giant’s argument that so-called National Security Letters (NSLs) violated its constitutional rights.
As such it ordered Google to hand over private information relating to U.S. citizens to federal agents.
It comes despite Illston earlier
ruling the letters unconstitutional in a separate case in March. In that
case, brought by non-profit advocacy group the Electronic Frontier Foundation, the judge said that such demands violated the right to free speech.
She also ruled against gagging
clauses attached to the demands that prevent the recipients of NSLs from
disclosing the mere existence of an order.
“The court concludes that the nondisclosure provision violates the First Amendment
… the government is therefore enjoined from issuing NSLs … or from
enforcing the nondisclosure provision in this or any other case,”
Illston concluded in March.
The ruling followed a legal
challenge brought by California telecommunications company Credo, the
Guardian understands. A 90-day delay in the order coming into effect was
put in place by the judge in anticipation of an appeal by the
government.But hopes from civil liberty groups that the ruling would
blow a hole in the FBI’s use of the secret demands for data have
seemingly been dashed by this week’s development
The ruling in the Google case was first disclosed by the Associated Press on May 31,2013.
Illston’s order omits any mention
of Google. But the judge said “the petitioner” was involved in a
similar case filed on April 22 in New York federal court.
Public records show that on that
day, the federal government filed a “petition to enforce National
Security Letter” against Google after the company declined to cooperate
with government demands.
It was unclear from the judge’s
ruling what type of information the government sought to obtain with the
letters. It was also unclear whom the government was targeting.
The judge put the Google ruling on hold until the 9th U.S. Circuit Court of Appeals
can decide the matter. Until then, she said, the company would have to
comply with the letters unless it shows the FBI didn’t follow proper
procedures in making its demands for customer data in the 19 letters
Google is challenging.
After receiving sworn statements
from two top-ranking FBI officials, the judge said she was satisfied
that 17 of the 19 letters were issued properly. She wanted more
information on two other letters.
Google could appeal the decision. The company declined comment.
Kurt Opsah, an attorney with the
Electronic Frontier Foundation, said: “We are disappointed that the same
judge who declared these letters unconstitutional is now requiring
compliance with them.”
The letters, along with the
recent seizure of reporters’ phone records by the Obama administration,
have prompted complaints of government overreach in regards to privacy
violations in the name of national security.
Last year the FBI sent out more
than 16,000 NSLs to companies relating to the private data – mainly
financial, internet or phone records – of more than 7,000 Americans.
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