Yahoo files lawsuit against NSA over surveillance requests

Washington

Yahoo on Monday joined other US technology giants in launching legal action against the federal government over the NSA surveillance revealed by whistle-blower Edward Snowden.

Yahoo filed a suit in the foreign intelligence surveillance (Fisa) court, which provides the legal framework for NSA surveillance, to allow the company to make public the number of data requests it receives a year from the spy agency.

Withholding the information creates mistrust, Yahoo said. Companies are forbidden by law to say how much data they provide.

Microsoft and Google also filed their latest legal briefs on Monday to force the Fisa court to disclose more information.

Google, in an amended motion, said its reputation was being substantially harmed by the controversy, and that recent NSA moves towards transparency fell far short of what was needed.

As part of its motion, it accused the Guardian of “mischaracterising the scope and nature of Google’s receipt of and compliance with foreign intelligence surveillance requests”. It also criticised the Washington Post.

The tech companies risk losing billions of dollars in a consumer backlash over disclosures in documents leaked by former NSA contractor Snowden of their relationship with the NSA. The companies claim they are only handing over data because they are forced to by law and are not doing so voluntarily.

Ron Bell, general counsel for Yahoo, said: “We believe that the US government’s important responsibility to protect public safety can be carried out without precluding internet companies from sharing the number of national security requests they may receive.”

He added: “Ultimately, withholding such information breeds mistrust and suspicion both of the United States and of companies that must comply with government legal directives.”

The Yahoo move came before a meeting later Monday of the review group on intelligence and communications technology, set up in the wake of the Snowden disclosures to try to ease tensions between the federal government and the tech companies.

The Guardian and Washington Post revealed in June a ‘top-secret’ NSA presentation about the Prism programme detailing how the companies co-operate with the government in supplying personal information.

Other stories, including one last week, also revealed how the NSA is actively engaged in cracking encryption codes that protect private data on the internet such as banking and medical details. The companies said they were unaware of this.

— Guardian News & Media Ltd