In a blog post titled "Taking the fight for #transparency to court," Twitter today announced it is suing the Department of Justice for the right to report "the actual scope of surveillance of Twitter users by the U.S. government."
"Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters (NSLs) and Foreign Intelligence Surveillance Act (FISA) court orders received–even if that number is zero," wrote Twitter's Ben Lee.
It's our belief that we are entitled under the First Amendment to respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance – including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges.
So, today, we have filed a lawsuit in federal court seeking to publish our full Transparency Report, and asking the court to declare these restrictions on our ability to speak about government surveillance as unconstitutional under the First Amendment. The Ninth Circuit Court of Appeals is already considering the constitutionality of the non-disclosure provisions of the NSL law later this week.