The Washington Post reports that Google has filed a motion challenging the gag orders preventing it from disclosing information about the data requests it receives from government agencies. The motion cites the free speech protections of the First Amendment
. "FISA court data requests typically are known only to small numbers of a company’s employees. Discussing the requests openly, either within or beyond the walls of an involved company, can violate federal law." From the filing
(PDF): "On June 6, 2013, The Guardian newspaper published a story
mischaracterizing the scope and nature of Google's receipt of and compliance with foreign intelligence surveillance requests. ... In light of the intense public interest generated by The Guardian's and Post's erroneous articles, and others that have followed them, Google seeks to increase its transparency with users and the public regarding its receipt of national security requests, if any. ... Google's reputation and business has been harmed by the false or misleading reports in the media, and Google's users are concerned by the allegation. Google must respond to such claims with more than generalities. ... In particular, Google seeks a declaratory judgment that Google as a right under the First Amendment to publish ... two aggregate unclassified numbers: (1) the total number of FISA requests it receives, if any; and (2) the total number of users or accounts encompassed within such requests."