Today, we’re updating our
Transparency Report for the tenth time. This update details the number of government demands we received for user information in criminal investigations during the first half of 2014. The update also covers demands for user information under the
Foreign Intelligence Surveillance Act (FISA) and through
National Security Letters (NSLs).
Worldwide, the numbers continue to rise: excluding FISA and NSL demands, we’ve seen a 15% increase since the second half of last year, and a 150% jump since we first began publishing this data in 2009. In the U.S., those increases are 19% and 250%, respectively.
This increase in government demands comes against a backdrop of ongoing revelations about government surveillance programs. Despite these revelations, we have seen some countries expand their surveillance authorities in an attempt to reach service providers outside their borders. Others are considering similar measures. The efforts of the U.S. Department of Justice and other countries to improve diplomatic cooperation will help reduce the perceived need for these laws, but much more remains to be done.
Governments have a legitimate and important role in fighting crime and investigating national security threats. To maintain public confidence in both government and technology, we need legislative reform that ensures surveillance powers are transparent, reasonably scoped by law, and subject to independent oversight.
The
USA FREEDOM Act, introduced by Senators Leahy (D-VT), Lee (R-UT), Franken (D-MN) and Heller (R-NV) would prevent the bulk collection of Internet metadata under various legal authorities, allow us to be more transparent about the volume, scope and type of national security demands that we receive, and would create stronger oversight and accountability mechanisms. Congress should move now to enact this legislation into law.
Congress should also update the
Electronic Communications Privacy Act to make it clear that the government must obtain a search warrant before it can compel a service provider to disclose the content of a user’s communication. Legislation introduced
in the House by Representatives Yoder (R-KS), Graves (R-GA) and Polis (D-CO) and
in the Senate by Senators Leahy (D-VT) and Lee (R-UT) would create a warrant-for-content standard that protects the Fourth Amendment rights of Internet users.
This common-sense reform is now
supported by a broad range of consumer groups, trade associations, and companies that comprise the
Digital Due Process coalition. Additionally,
more than 100,000 people have signed a petition urging the White House to back this bill, which enjoys bipartisan support from
266 House Members (well over a majority of the House) and passed the Senate Judiciary Committee in April 2013.
There is a growing consensus in support of these reforms. In the remaining days of this session, Congress has a chance to pass historic legislation that will help restore trust that has been lost. We urge them to seize upon this opportunity.
Posted by Richard Salgado, Legal Director, Law Enforcement and Information Security
