The EFF may be handing out gold stars to firms that publish their own transparency reports, but earning that recognition isn't easy. Government data requests are often coupled with gag orders, barring firms from telling users that security agencies are thumbing through their data. Now Google, Yahoo, Microsoft and Facebook are arguing that these orders are a violation of the First Amendment.
Naturally, the government disagrees, pointing out that the nondisclosure requirements of its security requests have been applied tens of thousands of times without issues. It further argues that "hypothesizing scenarios in which the NSL
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