Google's New Transparency Tool: A Window Into Government Surveillance

Google's new tool displays the number of "user requests" that Google received from various governments from July to December 2009. According to the tool, the company received thousands of such requests from the U.S. government during that period — thousands of requests digging into the intimate details of individual lives that are captured in emails, search histories, reading and viewing logs, and the like. And if Google is receiving thousands of requests every six months, how many more are going out to Yahoo, Microsoft, Facebook and the thousands of other online services that we use every day?

But that number may understate the actual case for three reasons. First, Google's tool only tracks requests that are received as part of an official criminal investigation — which would exclude, for example, the infamous DOJ subpoena asking for millions of users' search queries, something that was not part of an official criminal investigation. Second, Google's tool only counts the number of requests it receives, not the number of user records that were requested. So that single DOJ subpoena seeking millions of records would only counts as a single request! Finally, Google is barred by law from disclosing the number of requests it receives pursuant to National Security Letters, although we know that upwards of 50,000 of these secret government requests are issued every year. All told, the requests that show up in Google's tool are just the tip of the iceberg.
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