Government
Published on July 14, 2021
Government
Published on July 14, 2021
This section covers the latest data about government information requests for Twitter and Periscope account information from around the world. These requests include a combination of routine requests and emergency requests. There are also trends and details about the global volume of requests, accounts specified, and the corresponding compliance rates, as well as insights into our related policies and global preservation requests.
Twitter’s operations were affected due to the unprecedented COVID-19 pandemic and a security incident in July 2020.
Some notable changes since the last report[1]:
Big picture
Global governments and law enforcement agencies submitted approximately 15% more information requests (combined emergency and routine requests) compared to the previous reporting period. Notably, the aggregate number of accounts specified in these requests increased by nearly 102%. The total volume of requests and specified accounts are respectively the largest we’ve seen to date. Twitter produced some or all of the requested information in response to 30% of these information requests.
Further analysis into these areas follow below. Additional information is available in Twitter's legal request FAQs.
Twitter has now received government information requests from 96 different countries since 2012, including Democratic Republic of the Congo, Latvia, and Morocco, which appeared in this report for the first time.
India submitted the most government information requests during this reporting period, accounting for 25% of the global volume, and 15% of the global accounts specified. The second highest volume of requests originated from the United States, comprising 22% of global information requests and 60% of the global accounts specified. Notably, this is the first time since we started publishing our transparency report in 2012 where the United States is not the top global requester.
Japan (17%) and France (14%) round out the top four countries by volume. Combined, these four countries accounted for 78% of all global information requests during this reporting period. This is the third report in a row in which these countries represent the top four global requesters (in varying order).
Twitter may disclose account information to law enforcement officials in response to a valid emergency request as described in our Guidelines for Law Enforcement.[3]
EDRs accounted for roughly one out of every five global information requests submitted to Twitter. Emergency requests increased by 10% during this reporting period, while the aggregate number of accounts specified in these requests increased by 9%.
The United States submitted the highest volume of global emergency requests (34%), followed by Japan (17%), and South Korea (16%).
As previously noted, the Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”; enacted in March 2018) established a framework for the U.S. Government to enter into bilateral agreements with certain qualifying foreign governments. Once such a bilateral agreement goes into effect, U.S. providers, such as Twitter, may receive compulsory legal demands directly from foreign government entities to disclose account information and content of communications, as well as real-time surveillance orders for account information, which are akin to pen register/trap and trace and wiretap orders as described in our U.S. report.
Twitter continues to closely monitor developments related to cross-border legal requests for user data. We will update our policies as necessitated by changes in the legal landscape, in keeping with our commitment to defending and respecting the user’s voice and transparency.
The majority of government requests seek Twitter account information, but we occasionally receive requests for information about accounts on Twitter's Periscope live streaming service.
We received 19 information requests that specified 26 Periscope accounts during this reporting period. Of these information requests, five were Periscope-only requests specifying eight accounts. Twitter disclosed some information in response to 37% of these Periscope-related information requests.[4]
Where appropriate, Twitter will push back on requests for account information which are incomplete or improper, such as requests that are facially invalid or overbroad in scope. Depending on the circumstances, we may produce some data after working to narrow a request, or we may not disclose any data. We also may not have any responsive records to produce.[5]
Twitter narrowed or did not disclose information in response to 70% of global government information requests, an increase of 7% during this reporting period.
We notify specified account holders of requests for their account information unless we are prohibited or the request falls into one of the exceptions to our user notice policy.[6]
We were able to notify account holders in response to 203 global information requests during this reporting period.
Twitter accepts government requests to preserve account information as outlined in our Guidelines for Law Enforcement.
Government entities issue preservation requests that direct service providers like Twitter to temporarily save information pertaining to an investigation. These requests give law enforcement, prosecutors, etc. the time needed to get the valid legal process, such as a search warrant, required to lawfully obtain that saved information. Upon receipt of a valid preservation request, we will temporarily preserve, but not disclose, a snapshot of the relevant account information for 90 days pending issuance and service of valid legal process.[7]
Global government preservation requests increased by 37%, while accounts specified decreased by 14% during this reporting period. The United States (45%) and India (40%) together accounted for 85% of all global preservation requests.
Twitter receives requests for account information from non-governmental parties around the world. These typically include civil actions, such as a divorce proceeding, as well as requests made by criminal defendants, where they are typically seeking account information in support of their legal defense.[8]
More information about non-government information requests can be found in our Help Center pages, including Accessing Your Twitter Data and Legal Request FAQ.
Twitter has now received non-government information requests from 32 different countries since 2014, including Luxembourg and Russia, which appeared in this report for the first time.
Twitter received 86% more non-government information requests during this reporting period. Notably, the number of accounts specified in these requests increased by 127%, while the compliance rate increased to 48%.[9]
Anonymous and pseudonymous speech is important to Twitter and is central to our commitment to defend and protect the voices of our users. Twitter often receives non-government information requests to disclose account information of anonymous or pseudonymous Twitter users (i.e., requests to “unmask” the identity of the user). Twitter frequently objects to such requests, particularly in the U.S.
Twitter objected to 35 U.S. civil requests for account information that sought to unmask the identities of anonymous speakers on first amendment grounds during this reporting period. We litigated eight of those requests. Twitter succeeded in convincing courts to apply the applicable First Amendment protections in five cases, and one remains pending. No information was produced on 74% of all unmasking requests.
Some cases received during this reporting period may be in progress and may not be closed at the time of reporting.
1. Percentages rounded to the nearest whole number.
2. U.S. numbers in the table above include requests received from U.S. Legal Attachés stationed in various international locations, who may have submitted requests under U.S. law in part to assist their local counterparts. This type of cross-border cooperation is most likely to happen in emergency circumstances (such as those following terror attacks).
3. We evaluate such requests on a case-by-case basis to determine if there is information to support a good faith belief that there is an imminent threat involving danger of death or serious physical injury to a person. In these situations, if we have information relevant to averting or mitigating the threat, we may disclose that information to law enforcement.
However, we may not disclose data in response to emergency disclosure requests for a variety of reasons. For example:
4. Requests for Periscope account information are also reflected in the figures regarding aggregate requests.
5. We may not comply with requests for a variety of reasons. For example:
6. Details about Twitter’s user notice policy are available in our Guidelines for Law Enforcement and our Legal Request FAQ, which provides account holders with more information about what happens when we receive a request for their account information or removal of their content.
Exceptions to user notice may include exigent or counterproductive circumstances, such as emergencies regarding imminent threat to life, child sexual exploitation, or terrorism.
7. We also regularly receive preservation extension requests (not reflected in the data above) from law enforcement or government requesters. If the requester submits a lawful and timely extension request, we will make reasonable attempts to continue to preserve the same snapshot of account information for an additional 90 days pending issuance and service of valid legal process.
We may process multiple extension requests if requesters represent that they are engaged in a process for international cooperation (i.e. MLAT or letters rogatory), given these processes can take several months.
8. This data does not include an account holder’s request for their own account information.
9. We may not comply with non-government requests for a variety of reasons. For example: