This is quite incredible. The DOJ is BEYOND overreaching here.

Some major tech companies (Google, MSFT, etc) are suing the US government, claiming a First Amendment right to disclose the number of currently-secret information requests they get from the NSA under the FISA law.

The DOJ has filed a response, but is refusing to allow opposing counsel to read parts of it.

No, really. TechDirt:

[T]he DOJ is simply refusing to let the tech companies see its own argument. In response, the companies have filed a pretty direct and somewhat angry motion, asking the FISA court to either let them see the arguments, or to strike the redacted portions from the DOJ’s motion. Basically, the DOJ is saying that it can make legal arguments that only the court can see, but which the tech companies suing it cannot see. That goes against every basic concept of due process.

We cannot allow secret laws, secret courts, or secret arguments. All are anathema to liberty and democracy.

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