Press Releases

Congresswoman Suzan DelBene joined a bipartisan coalition of lawmakers led by Congresswoman Zoe Lofgren (D-CA) to introduce legislation today that would enable companies to shed light on the number of surveillance orders they receive and how many of their users are affected by those demands for information.

Under the Surveillance Order Reporting Act, telecommunications and Internet service providers would be allowed to publicly estimate the number of data requests they receive and the number of individuals targeted for data collection orders under the Foreign Intelligence Surveillance Act (FISA) and national security letters. In addition to Reps. Lofgren and DelBene, the bill is being co-sponsored by Reps. Justin Amash (R-MI), Jason Chaffetz (R-UT), John Conyers (D-MI), Blake Farenthold (R-TX), Thomas Massie (R-KY), Jerrold Nadler (D-NY), Ted Poe (R-TX) and Jared Polis (D-CO).

The government currently bars companies from disclosing even basic information about the requests they receive. The lawmakers have said this lack of basic information impedes informed public debate, undermines user trust in Internet services, and has led to strained relationships between U.S. companies and international business partners.  The legislation is needed to provide greater transparency to the public and allow Internet and telecommunications companies to preserve global confidence in their services. 

“The public is eager for a national conversation on how to strike the right balance between privacy and national security, and this bipartisan bill is a step towards providing the transparency that will inform this important conversation,” said DelBene, who sits on the House Judiciary Committee. “Providing access to basic information about how the government is using its surveillance authorities will help provide greater accountability and oversight of these surveillance programs, and I am pleased to join with my colleagues on both sides of the aisle to cosponsor this legislation.”

“The recent debate in Congress on these programs made it clear that we can’t have an intelligent discussion on this issue without a more accurate grasp of the scope of surveillance,” said Lofgren. “This bill is a needed first step to free Internet companies to provide the public information on how many surveillance orders they receive and how many of their users are affected.”

A growing chorus of technology firms and lawmakers has called for the government to allow companies to report FISA orders and national security letters separately from more conventional data requests from law enforcement. Thus far, however, companies are only permitted to release vague, minimally helpful figures. 

The Surveillance Order Reporting Act is specifically tailored to authorize companies to release more detailed information to the public while avoiding danger to national security. Specifically, the bill provides that:

• Internet and telecommunications companies may report an estimated number of surveillance orders received, the estimated number of orders complied with, and the estimated number of users and accounts on whom information is requested or provided.
• The reports may include the number of users affected by requests that carry over though multiple reporting periods.
• The numbers reported may be in a range of 100, rounded to the nearest 100s (i.e., 1-100, 100-200, etc.).
• The reports may be made quarterly or in larger time periods (i.e., annually, semi-annually, etc.)
• Service providers are not subject to criminal or civil liability for making reports they reasonably believe are authorized by the bill.
• The bill does not prohibit other disclosures authorized by other laws.

Click here for a detailed summary of the Surveillance Order Reporting Act.

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