Twitter has revealed two data requests from the FBI that some believe could be unconstitutional and a major overreach from the agency. It received the national security letters (NSLs) in 2015 and 2016. They were delivered along with gag orders, preventing Twitter from notifying users at the time.
As per the requests, the NSLs were being used to request electronic transaction records. Those can cover email header data, browsing history, and other info. The Justice Department issued a memo in 2008 stating the NSLs should only be used for phone billing records.
Twitter says it refused to fully comply with the orders when they came in.
While the actual NSLs request a large amount of data, Twitter provides a very limited set of data in response to NSLs consistent with federal law and interpretive guidance from the U.S. Department of Justice, – Elizabeth Banker, associate general counsel, Twitter
The Electronic Frontier Foundation, which is challenging the constitutionality of NSLs in court, says these orders go beyond what was intended.
This is an ongoing practice and it is significantly beyond the scope of what is intended, – Andrew Crocker, attorney, EFF
NSLs are controversial since they often cannot be disclosed to users due to gag orders and they don’t require warrants.
