Apple, one of the least transparent companies in the world, has released a transparency report on government requests for user data.(PDF). Requests from the United States of America dwarf the rest of the world — and that’s without including the ones that Apple cannot tell us about, due to gag orders and National Security Letters.
Notably, Apple has indicated that it will join other tech companies in seeking the ability to disclose such requests:
“We believe that dialogue and advocacy are the most productive way to bring about a change in these policies, rather than filing a lawsuit against the U.S. government. Concurrent with the release of this report, we have filed an Amicus brief at the Foreign Intelligence Surveillance Court (FISA Court) in support of a group of cases requesting greater transparency. Later this year, we will file a second Amicus brief at the Ninth Circuit in support of a case seeking greater transparency with respect to National Security Letters. We feel strongly that the government should lift the gag order and permit companies to disclose complete and accurate numbers regarding FISA requests and National Security Letters. We will continue to aggressively pursue our ability to be more transparent.”
Apple did break new ground with the report, as FT reporter Tim Bradshaw observed: it was the first to disclose requests for device data.
The U.S. government leads the rest of the world in device data requests by law enforcement as well, though not by as wide a margin: Australia, the United Kingdom, Singapore and Germany have all made more than 1000 requests, according to the disclosure.
Be careful about what you put in that iCloud, folks.
Apple’s transparency report ends with an interesting footnote: “Apple has never received an order under Section 215 of the USA Patriot Act. We would expect to challenge such an order if served on us.”
For those unfamiliar with that part of the law, it has been the subject of intense criticism for years from privacy and civil liberties advocates, particularly since the disclosures of mass surveillance of U.S. telecomm data by the NSA entered the public sphere this past summer.