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Washington DC – The US Department of Justice’s talks with Microsoft Corp and Google Inc have hit a wall as the government pushes back at the tech companies’ demand for the ability to disclose the now-secret data requests they receive.

Microsoft’s general counsel, Brad Smith, on Friday described as a failure the outcome of the companies’ recent negotiations with the government over the disclosure of Foreign Intelligence Surveillance Act (FISA) court orders the companies receive.

“While we appreciate the good faith and earnest efforts by the capable government lawyers with whom we negotiated, we are disappointed that these negotiations ended in failure,” he said.

The director of National Intelligence, James Clapper, on Thursday pledged to disclose aggregate numbers of FISA orders issued to tech and telecom companies, but the intelligence community has not agreed to allow particular companies to make such disclosures.

“FISA and national security letters are an important…

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