Microsoft, Google to sue over FISA gag order | Politics and Law - CNET News. Well, it seems Microsoft and Google have something in common. They both want to avoid a gag order about surveillance requests from the NSA. FISA court orders, issued in secret, hearings conducted in secret, and impossible to monitor because of the secrecy, put Internet and computer companies who are the recipients of the orders in a bind. They want their customers to think they are transparent; but, the Government won't allow it. The companies claim a first amendment right to publish aggregate information once a year so that their customers will know the extent, or lack, of Government data requests. This is pure Constitutional law; and, the courts will be the final deciders. Let's hope they get it right.