Government
Published on January 11, 2021
Government
Published on January 11, 2021
02.
Overview
This section covers the latest data about government information requests for X 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.
X’s operations were affected due to the unprecedented COVID-19 pandemic.
Some notable changes since the last report[1]:
03.
Analysis
Big picture
Global governments and law enforcement agencies submitted approximately 44% 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 26%. The total volume of requests and specified accounts are respectively the largest we’ve seen to date. X produced some or all of the requested information in response to 37% of these information requests.
Further analysis into these areas follow below. Additional information is available in X's legal request FAQs.
Country insights
X has now received government information requests from 93 different countries since 2012, including Tunisia, which appeared in this report for the first time.
Top requesters
The United States[2] has been the top overall requesting country since the first X Transparency Report, where it accounted for 80% of all global requests in 2012.
Today, the United States remains the single largest source of government requests, but now only accounts for 27% of the global volume, and 39% of global accounts specified. The second highest volume of requests originate from India, comprising 21% of global information requests, and nearly 25% of global accounts specified. Notably, Japan had previously been the second largest requester since Transparency Report 9.
In comparison, requests from the next six top countries – France (16%), Japan (12%), South Korea (5%), Germany (4%) the United Kingdom (4%) and Turkey (3%) – together account for 44% of all global information requests, and 30% of all global accounts specified.
Worldwide
Top requesting countries (routine requests)
1. United States
2. India
3. France
Emergency requests
X may disclose account information to law enforcement officials in response to a valid emergency request as described in our Guidelines for Law Enforcement.[3]
Emergency requests accounted for roughly one out of every five global information requests submitted to X. Emergency requests increased by 20% during this reporting period, while the aggregate number of accounts specified in these requests increased by 24%.
The United States submitted the highest volume of global EDRs (39%), followed by South Korea (13%), and Japan (13%).
International cooperation
The CLOUD Act
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 X, 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.
X 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.
Periscope
The majority of government requests seek X account information, but we occasionally receive requests for information about accounts on X's Periscope live streaming service.
We received 38 information requests that specified 55 Periscope accounts during this reporting period. Of these information requests, 25 were Periscope-only requests specifying 33 accounts. X disclosed some information in response to 20% of these Periscope-related information requests.[4]
Request considerations
Narrowing requests
Where appropriate, X 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]
X narrowed or did not disclose information in response to 63% of global government information requests, an increase of 3% during this reporting period.
User notice
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 250 global information requests, an increase of 28% during this reporting period.
04.
Preservation Requests
04.
Preservation Requests
X 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 X 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 75%, while accounts specified increased by 180% during this reporting period. The United States (58%) and India (18%) together accounted for 76% of all global preservation requests.
02.
Overview
X 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 X Data and Legal Request FAQ.
03.
Analysis
X received 20% more non-government information requests during this reporting period. Notably, the number of accounts specified in these requests increased by 8%, while the compliance rate decreased to 38%. [9]
Defending free expression
Anonymous and pseudonymous speech is important to X and is central to our commitment to defend and protect the voices of our users. X often receives non-government information requests to disclose account information of anonymous or pseudonymous X users (i.e., requests to “unmask” the identity of the user). X frequently objects to such requests, particularly in the U.S.
X objected to 14 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 ended up litigating three of those requests. X prevailed in one case, and two are still pending. No information was produced in response to the other 11 requests.
Footnotes
Some cases received during this reporting period may be in progress and may not be closed at the time of reporting.
Government
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:
- We may not disclose data if the request fails to identify a valid X and/or Periscope account, or content on those platforms.
- We may push back to narrow requests that are overbroad, and only disclose the information relevant to averting or mitigating the specified threat.
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:
- We may not comply with requests that fail to identify a X and/or Periscope account or other content on those platforms.
- We may seek to narrow requests that are overly broad.
- Account holders may have challenged the requests after we’ve notified them.
- We may have sought additional context from the requester and did not receive a response.
- In some cases, X may challenge the request formally through litigation or informally through discussion directly with government entities.
6. Details about X’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.
Non-Government
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:
- We may not comply with requests that fail to identify a X and/or Periscope account or other content on those platforms.
- We may reject requests that are directed to incorrect corporate entities.
- We may seek to narrow requests that are overly broad.
- Users may have challenged the requests after we’ve notified them.
- In other cases, X may challenge the request formally through litigation or informally through discussion directly with non-government parties (e.g., directing non-government parties to get the information they seek directly from the other parties through discovery).