[Infowarrior] - Judge denies DOJ effort to halt Twitter lawsuit over national security orders

[Richard Forno]

Judge denies DOJ effort to halt Twitter lawsuit over national security orders

Twitter wants to be able to say precisely how many secret orders it received.

Cyrus Farivar - 7/6/2017, 4:45 PM

A federal judge in California has decided to allow Twitter’s lawsuit against the attorney general’s office to go forward. She rejected arguments that the social media giant should not be allowed to be precise in its transparency reports when describing how it responds to the government’s requests for user data.

Twitter has argued that, just as it has been precise in other areas of its transparency report, so too should it be allowed to say precisely how many national security orders it has received from American authorities. For now, under federal law, it is only allowed to describe those numbers in vague ranges, such as “0 to 499,” and “500 to 999,” and so forth. Lawyers for Twitter say that this law constitutes a violation of the company’s First Amendment rights and is “prior restraint,” a concept of blocking legitimate speech before it is uttered.

Attorneys from the Department of Justice claimed in a hearing in federal court in Oakland, California, earlier this year that if Twitter is allowed to specifically say how many national security orders it has received, potential adversaries could somehow use that number to inflict harm.

But the judge didn’t buy it.

“The Government has not presented evidence, beyond a generalized explanation, to demonstrate that disclosure of the information in the Draft Transparency Report would present such a grave and serious threat of damage to national security as to meet the applicable strict scrutiny standard,” US District Judge Yvonne Gonzalez Rogers wrote in a 21-page order on Thursday.

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https://arstechnica.com/tech-policy/2017/07/judge-denies-doj-effort-to-halt-twitter-lawsuit-over-national-security-orders/