2013-07-18

Mozilla is joining with over 60 leading technology companies, startups, investors, technology trade groups and public interest groups today to call on the US government to allow the release of information pertaining to national security requests for user data.

Mozilla is one of the organizers behind today’s letter. We gathered the signatures of a broad range of Internet and VC leaders for many of whom this is their first time publicly weighing in on this issue. Mozilla has also been one of the leading groups behind the StopWatching.Us campaign, which has gathered over 550,000 signatures and brought together one of the most diverse coalitions of public interest organizations ever assembled on an Internet policy topic.

We began working on an online tech sector letter shortly after new information began to surface about the state of online surveillance by the NSA. From our many discussions, there’s broad agreement that the way national security requests are being carried out have the potential to undermine innovative web technologies, from the cloud to big data to mobile, not to mention search and social. These practices put any company with user data in a position of not being able to fully live up to its privacy commitments and treating users outside the US with fewer protections and rights. We believe developers will abandon ideas for new technologies or offshore them over a risk of growing numbers of government requests and the lack of resources to defend against and process them. And for investors funding the next generation of online services, we heard that backlash from users outside the US is hardly in anyone’s best interest, let alone our nation’s. One only need to look to recent news in important emerging markets like Brazil or the resolution passed by the EU Parliament and upcoming inquiry to see the shape of things to come for our sector.

We encourage all companies dependent on a vibrant, open and transparent Internet ecosystem we can trust to sign onto today’s letter.

Here’s a copy of what we sent to leaders in the Obama Administration and Congress:

July 18, 2013

We the undersigned are writing to urge greater transparency around national security-related requests by the US government to Internet, telephone, and web-based service providers for information about their users and subscribers.

First, the US government should ensure that those companies who are entrusted with the privacy and security of their users’ data are allowed to regularly report statistics reflecting:

The number of government requests for information about their users made under specific legal authorities such as Section 215 of the USA PATRIOT Act, Section 702 of the FISA Amendments Act, the various National Security Letter (NSL) statutes, and others;

The number of individuals, accounts, or devices for which information was requested under each authority; and

The number of requests under each authority that sought communications content, basic subscriber information, and/or other information.
Second, the government should also augment the annual reporting that is already required by statute by issuing its own regular “transparency report” providing the same information: the total number of requests under specific authorities for specific types of data, and the number of individuals affected by each.

As an initial step, we request that the Department of Justice, on behalf of the relevant executive branch agencies, agree that Internet, telephone, and web-based service providers may publish specific numbers regarding government requests authorized under specific national security authorities, including the Foreign Intelligence Surveillance Act (FISA) and the NSL statutes. We further urge Congress to pass legislation requiring comprehensive transparency reporting by the federal government and clearly allowing for transparency reporting by companies without requiring companies to first seek permission from the government or the FISA Court.

Basic information about how the government uses its various law enforcement–related investigative authorities has been published for years without any apparent disruption to criminal investigations. We seek permission for the same information to be made available regarding the government’s national security–related authorities.

This information about how and how often the government is using these legal authorities is important to the American people, who are entitled to have an informed public debate about the appropriateness of those authorities and their use, and to international users of US-based service providers who are concerned about the privacy and security of their communications.

Just as the United States has long been an innovator when it comes to the Internet and products and services that rely upon the Internet, so too should it be an innovator when it comes to creating mechanisms to ensure that government is transparent, accountable, and respectful of civil liberties and human rights. We look forward to working with you to set a standard for transparency reporting that can serve as a positive example for governments across the globe.

Thank you.

Companies
AOL

Apple Inc.

CloudFlare

CREDO Mobile

Digg

Dropbox

Evoca

Facebook

Google

Heyzap

LinkedIn

Meetup

Microsoft

Mozilla

Reddit

salesforce.com

Sonic.net

Stripe

Tumblr

Twitter

Yahoo!

YouNow

Investors

Boston Common Asset Management

Domini Social Investments

F&C Asset Management Plc

New Atlantic Ventures

Union Square Ventures

Y Combinator

Nonprofit Organizations & Trade Associations

Access

American Booksellers Foundation for Free Expression

American Civil Liberties Union

American Library Association

American Society of News Editors

Americans for Tax Reform

Brennan Center for Justice at NYU Law School

Center for Democracy & Technology

Center for Effective Government

Committee to Protect Journalists

Competitive Enterprise Institute

Computer & Communications Industry Association

The Constitution Project

Demand Progress

Electronic Frontier Foundation

First Amendment Coalition

Foundation for Innovation and Internet Freedom

Freedom to Read Foundation

FreedomWorks

Global Network Initiative

GP-Digital

Human Rights Watch

Internet Association

Liberty Coalition

National Association of Criminal Defense Lawyers

National Coalition Against Censorship

New America Foundation’s Open Technology Institute

OpenTheGovernment.org

Project On Government Oversight

Public Knowledge

Reporters Committee for Freedom of The Press

Reporters Without Borders

TechFreedom

Wikimedia Foundation

World Press Freedom Committee

[PDF version]

Follow the discussion about today’s unprecedented letter and also a new White House petition on Twitter using the hashtag, #weneedtoknow.

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