The judges disagreed. That left Yahoo two choices: Hand over the data or break the law.
So Yahoo became part of the National Security Agency’s secret Internet surveillance program, Prism, according to leaked N.S.A. documents, as did seven other Internet companies.
Like almost all the actions of the secret court, which operates under the Foreign Intelligence Surveillance Act, the details of its disagreement with Yahoo were never made public beyond a heavily redacted court order, one of the few public documents ever to emerge from the court. The name of the company had not been revealed until now. Yahoo’s involvement was confirmed by two people with knowledge of the proceedings. Yahoo declined to comment.
But the decision has had lasting repercussions for the dozens of companies that store troves of their users’ personal information and receive these national security requests – it puts them on notice that they need not even try to test their legality. And despite the murky details, the case offers a glimpse of the push and pull among tech companies and the intelligence and law enforcement agencies that try to tap into the reams of personal data stored on their servers.