To Save Secrecy Lawsuit, Twitter Must Challenge DOJ's Decision To Classify Surveillance Requests

This month, a federal judge dismissed Twitter's lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the government's decision to classify such requests.

The case, Twitter, Inc. v. Lynch, began in 2014 after the U.S. Department of Justice (DOJ) prohibited Twitter from releasing a report that listed the aggregate number of surveillance requests the company had received pursuant to the Foreign Intelligence Surveillance Act (FISA). The surveillance requests sought information about Twitter users in connection with national security investigations. The FISA restricts public disclosure of certain details about surveillance requests. Interpreting these non-disclosure provisions, the DOJ determined that the aggregate number of surveillance requests received by Twitter constitutes classified information that may not be released publicly.