"ACLU Surveillance and Cybersecurity counsel Jennifer Granick said O’Neill misstated the Wiretap Act.
“The district court did not provide any information that suggests that unsealing this opinion would interfere with this investigation,” she said. “The district court’s decision was really based on two things that are mistakes. The district court said the Wiretap Act seals anything related to underlying wiretap proceedings, and that’s a misstatement of law.”
Granick also took issue with O’Neill’s finding that an unsealed ruling could jeopardize future government investigations by exposing its inability to wiretap internet calls.
“But we already know that,” Granick said. “The government has revealed it cannot intercept end-to-end encrypted communications over the Facebook platform.”
She added, “What is not known is the court’s reasoning, why Facebook did not have to comply with the government’s demand in this case.”"