Organizations, including the American Civil Liberties Union, argue that the Justice Department may refuse to disclose information on the grounds of protecting criminal investigation or law enforcement methods, but that the public has the right to know the status of encryption laws, which is even more important. The Washington Post also sued for disclosure of documents.
However, Lawrence O'Neill, a Fresno District Judge in the United States, argues that the document introduces sensitive law enforcement techniques and that publishing edited documents is not feasible. The judge said: "Disclosure of the technology involved in this case to the public could damage many, if not all, future wiretapping investigations and law enforcement actions."
O'Neill also said that Facebook supported the request of the American Civil Liberties League, but the government disapproved of the request for a slight processing of documents.
According to federal law, U.S. telecommunications companies need to provide police with access to call records, but many Apps rely solely on Internet infrastructure, which is beyond their scope. Facebook also said Messenger had immunity.
Court documents showed that the government had eavesdropped on all ordinary phone calls between gang members and checked Messenger text messages. The FBI said three Messenger calls had not been intercepted by investigators, but the suspects had been arrested in other ways.