Tech firms, including Yahoo and Facebook, want to be able to disclose more on the requests they receive from the government for Internet surveillance of Americans. The reason for not doing more earlier, the Yahoo CEO said, was the risk of committing treason and being imprisoned for it. In court, Yahoo is arguing that not being allowed to engage in the dialogue on surveillance or respond on the specifics of what it has been asked to do is a prior restraint on its free speech. Historically, governmental retraint on speech prior to publication or utterance has been extremely frowned upon and tends to get struck down by judges. That argument may be a stronger one for Yahoo to prosecute in the FISA court.
Lawyer and Legal Journalist
