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More than two days after a declassified opinion from the secretive court that overseas the National Security Agency's surveillance programs said that the absence of challenges by these companies--including Verizon, T-Mobile, AT&T, and others--is among the reasons it continues to approve authorization for the bulk collection of this kind of data, none of these corporate entities have commented publicly about how they perceive the legality of such programs.
"To date, no holder of records who has received an Order to produce bulk telephony metadata has challenged the legality of such an Order," wrote FISA court Judge Clair V. Eagan in her "declassified" ruling, written on August 29 of this year and released to the public in redacted form on Tuesday.
However, trying to obtain clarification on exactly how these giant firms interpret the requests from the NSA, the Guardian's Ed Pilkington hit a dead end.
As the newspaper reports, the companies were asked how they "could justify to their own customers the decision not to challenge the court orders, in stark contrast to some internet companies such as Yahoo, which have contested the legality of NSA collection of their customers' data."
In response to that and other questions, none of the companies offered a reply.
And as Pilkington concludes:
The companies' decision not to comment on any aspect of the NSA dragnet puts them in a increasingly peculiar position. By withholding their internal views from the public, they are setting themselves apart from equivalent internet firms that are taking a more bullish stance, and are shrouding themselves in more secrecy than even the Fisa court, one of the most tight-lipped institutions in the country.
But, according to Salon's Natasha Lennard, it would be a mistake to draw a picture that paints online firms like Yahoo, Google, or Facebook as significantly more noble than their telecom industry counterparts. She writes:
... the position of the telecoms firms is only a difference in patina. Structurally, the companies that handed over telephonic metadata under Fisa orders and those that handed over email metadata played the same role in providing the government with a sprawling repository of information on U.S. citizens' communications. One might argue that it is, at least, preferable now that online leviathans are pushing for greater transparency while phone companies remain troublingly mum. But lets not then pretend that the Internet firms are thus the good guys in this story, protecting users against government spycraft. It is the very business of companies like Google and Facebook to track user activity (this is how targeted advertising works); they constitute the surveillance state as much as any NSA program. Silence over and acquiescence to secret government orders from the likes of Verizon should not mean absolution for its noisier Silicon Valley counterparts.
_____________________________________________
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |

More than two days after a declassified opinion from the secretive court that overseas the National Security Agency's surveillance programs said that the absence of challenges by these companies--including Verizon, T-Mobile, AT&T, and others--is among the reasons it continues to approve authorization for the bulk collection of this kind of data, none of these corporate entities have commented publicly about how they perceive the legality of such programs.
"To date, no holder of records who has received an Order to produce bulk telephony metadata has challenged the legality of such an Order," wrote FISA court Judge Clair V. Eagan in her "declassified" ruling, written on August 29 of this year and released to the public in redacted form on Tuesday.
However, trying to obtain clarification on exactly how these giant firms interpret the requests from the NSA, the Guardian's Ed Pilkington hit a dead end.
As the newspaper reports, the companies were asked how they "could justify to their own customers the decision not to challenge the court orders, in stark contrast to some internet companies such as Yahoo, which have contested the legality of NSA collection of their customers' data."
In response to that and other questions, none of the companies offered a reply.
And as Pilkington concludes:
The companies' decision not to comment on any aspect of the NSA dragnet puts them in a increasingly peculiar position. By withholding their internal views from the public, they are setting themselves apart from equivalent internet firms that are taking a more bullish stance, and are shrouding themselves in more secrecy than even the Fisa court, one of the most tight-lipped institutions in the country.
But, according to Salon's Natasha Lennard, it would be a mistake to draw a picture that paints online firms like Yahoo, Google, or Facebook as significantly more noble than their telecom industry counterparts. She writes:
... the position of the telecoms firms is only a difference in patina. Structurally, the companies that handed over telephonic metadata under Fisa orders and those that handed over email metadata played the same role in providing the government with a sprawling repository of information on U.S. citizens' communications. One might argue that it is, at least, preferable now that online leviathans are pushing for greater transparency while phone companies remain troublingly mum. But lets not then pretend that the Internet firms are thus the good guys in this story, protecting users against government spycraft. It is the very business of companies like Google and Facebook to track user activity (this is how targeted advertising works); they constitute the surveillance state as much as any NSA program. Silence over and acquiescence to secret government orders from the likes of Verizon should not mean absolution for its noisier Silicon Valley counterparts.
_____________________________________________

More than two days after a declassified opinion from the secretive court that overseas the National Security Agency's surveillance programs said that the absence of challenges by these companies--including Verizon, T-Mobile, AT&T, and others--is among the reasons it continues to approve authorization for the bulk collection of this kind of data, none of these corporate entities have commented publicly about how they perceive the legality of such programs.
"To date, no holder of records who has received an Order to produce bulk telephony metadata has challenged the legality of such an Order," wrote FISA court Judge Clair V. Eagan in her "declassified" ruling, written on August 29 of this year and released to the public in redacted form on Tuesday.
However, trying to obtain clarification on exactly how these giant firms interpret the requests from the NSA, the Guardian's Ed Pilkington hit a dead end.
As the newspaper reports, the companies were asked how they "could justify to their own customers the decision not to challenge the court orders, in stark contrast to some internet companies such as Yahoo, which have contested the legality of NSA collection of their customers' data."
In response to that and other questions, none of the companies offered a reply.
And as Pilkington concludes:
The companies' decision not to comment on any aspect of the NSA dragnet puts them in a increasingly peculiar position. By withholding their internal views from the public, they are setting themselves apart from equivalent internet firms that are taking a more bullish stance, and are shrouding themselves in more secrecy than even the Fisa court, one of the most tight-lipped institutions in the country.
But, according to Salon's Natasha Lennard, it would be a mistake to draw a picture that paints online firms like Yahoo, Google, or Facebook as significantly more noble than their telecom industry counterparts. She writes:
... the position of the telecoms firms is only a difference in patina. Structurally, the companies that handed over telephonic metadata under Fisa orders and those that handed over email metadata played the same role in providing the government with a sprawling repository of information on U.S. citizens' communications. One might argue that it is, at least, preferable now that online leviathans are pushing for greater transparency while phone companies remain troublingly mum. But lets not then pretend that the Internet firms are thus the good guys in this story, protecting users against government spycraft. It is the very business of companies like Google and Facebook to track user activity (this is how targeted advertising works); they constitute the surveillance state as much as any NSA program. Silence over and acquiescence to secret government orders from the likes of Verizon should not mean absolution for its noisier Silicon Valley counterparts.
_____________________________________________