In a blog entry by Microsoft General Counsel & Executive Vice President, Legal & Corporate Affairs Brad Smith, the company explained how negotiations with the government over permission "…to publish sufficient data relating to Foreign Intelligence Surveillance Act (FISA) orders" have faltered. Both Microsoft and Google will proceed with litigation to seek permission from the FISA court.
Smith says in the blog that both Microsoft and Google filed suit in June for permission to disclose the information, and they believe they have the clear constitutional right to do so. On 6 occasions the government has asked for extensions from the court before replying to the suit.
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