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Bradley in DC
10-03-2007, 08:14 AM
Telecoms Pressed on Surveillance
Democrats Seek Details on What Government Is Given

By Ellen Nakashima
Washington Post Staff Writer
Wednesday, October 3, 2007; Page D01


Key Democratic lawmakers are pressing telephone companies to disclose how they shared Americans' calling and Internet data with the government, part of an inquiry into domestic surveillance efforts such as the National Security Agency's warrantless wiretapping program. . .

The letters sent by Dingell, Markey and Rep. Bart Stupak (D-Mich.) are based on revelations over the past year or so about the government's collection of customer data in apparent violation of privacy and other laws. In May 2006, USA Today and other media reported that ATT, BellSouth (now part of ATT) and Verizon provided the NSA with access to customer phone records without the customers' knowledge or consent. Qwest declined to participate, the letter noted.

In March, the Justice Department inspector general reported that the FBI improperly obtained Americans' telephone and other records from telecom carriers by abusing its authority to request information using a form of administrative subpoena called a national security letter, or NSL.

In July, Director of National Intelligence Mike McConnell confirmed that the NSA had been engaging in other surveillance programs in addition to the admitted NSA wiretapping program, and in August he acknowledged that carriers aided the NSA's warrantless wiretapping program and were sued.

Section 222 of the Communications Act prohibits telecom carriers from disclosing proprietary customer information without customer approval absent a court order or other administrative order.

The lawmakers asked the carriers, among other things, whether the telecoms have been asked to provide customer information without an NSL or approval from a special court under the Foreign Intelligence Surveillance Act (FISA). If so, who asked them for the data? Did the firms object? Are they currently providing any information to the government without a FISA order? Have they ever been asked to install equipment on their network to intercept Internet traffic or to send such information to third parties? . . .