Twitter loses major legal battle with the US Justice Department

The United States can prevent Twitter Inc. from disclosing specifics about the government’s requests for user information in national security investigations, a judge decided this week, the same week House Republicans will question national security officials about surveillance.

Twitter has previously expressed its displeasure with the government’s redactions to a 2014 “transparency report” that included a numerical breakdown of national security-related data requests from the previous year.

The US Court of Appeals in San Francisco agreed with a lower-court judge on Monday that the Justice Department had demonstrated a “compelling” interest in keeping such information secret.

The court was “able to appreciate why Twitter’s proposed disclosure would risk making our foreign adversaries aware of what is being surveilled and what is not being surveilled — if anything at all,” US Circuit Judge Daniel Bress wrote for the three-judge panel.

A Twitter lawyer sent a request for comment on the ruling to the business, which did not answer. A spokeswoman for the Justice Department declined to comment.

Painful Fight

Despite the fact that the case is over a decade old, the verdict comes as legislators and US national security agencies prepare for a battle over modifications to a critical monitoring programme.

Section 702 of the Foreign Intelligence Surveillance Act, recognised as a critical authority by intelligence officials, will expire on December 31 unless Congress decides to renew it.

The authority is used by US authorities to compel internet and technology businesses to provide over information about suspected foreign terrorists and spies.

Section 702 changes might affect what firms like Twitter are compelled to do in response to government demands.

Former President Donald Trump, who is vying for re-election in 2024, and conservative legislators have criticised the government’s use of FISA and other espionage laws, vowing to limit government powers that harm firms such as Twitter.

Conservatives have also seized on information published by Twitter’s new owner, Elon Musk, concerning how the company chooses to treat some politically charged stories.

The ‘weaponization’ of government

During a hearing on global threats on Thursday, the House Intelligence Committee intends to ask national security officials about American espionage activities.

A House Judiciary panel investigating the “weaponization” of the federal government will hold a hearing on the Twitter Files on Thursday as well.

The case at issue in Monday’s decision involved Twitter’s efforts to share information about two types of federal law enforcement demands on the social media company: “national security letters” for subscriber information, which would cover metadata but not the substance of any electronic communications, and FISA orders, which could include content

“The government may not fend off every First Amendment challenge by invoking national security,” Bress wrote.

“But we must apply the First Amendment with due regard for the government’s compelling interest in securing the safety of our country and its people.”

Bress was joined in the opinion by fellow Trump nominee Judge Lawrence VanDyke and former President George W. Bush nominee Judge Carlos Bea.