RSSHow Verizon Turned Over Surveillance Documents Without Court Order
By Scott M. Fulton, III | Published October 16, 2007, 12:33 PM
Of the three major telecommunications companies sent questionnaires two weeks ago by leaders of the US House Committee on Energy and Commerce, only Verizon answered in detail, with AT&T and Qwest citing pending lawsuits as their reason for declining. Those questionnaires were intended to determine these companies' understanding of federal law as it was explained to them, and how they believe they're complying with the law, in cases where national security officials seek private customer data without a court order.
Currently, the Foreign Intelligence Surveillance Act permits information from communications of non-US citizens to be collected without court order. However, in recent years, the Dept. of Justice and the National Security Agency have made numerous requests for customer data citing FISA as legal foundation, even though the citizenship status of individuals being investigated is unclear.
Verizon, AT&T, and Qwest were believed to have complied with federal agency directives, and last Friday, Verizon confirmed in a letter to the Commerce Committee that it did indeed turn over data to federal officials in approximately 720 separate cases since January 2005.
Verizon then contrasted that number against approximately 63,000 emergency requests by state and local law enforcement officials nationwide over that same period. But that number came in response to a question regarding whether the company complies with requests for information that do not go through the FISA process, indicating that federal officials may be bypassing the route that lawmakers believed to have been the route of choice.
The company also said it received approximately 94,000 separate requests since January 2005 for customer information from federal officials, in compliance with federal laws, for information probably pertaining to everyday investigations. Some of those cases authorized the use of wiretapping, and others were compulsory requests to divulge stored records on customer communications.
But those requests do not invoke FISA, and instead rely upon federal statutes for counterintelligence measures. Such statutes refer directly to court-issued warrants and judge's orders, such as 18 U.S.C. 2703, to which Verizon pointed.
"A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court with jurisdiction over the offense under investigation or equivalent State warrant."
A key counterintelligence law, writes Verizon Senior Vice President Randall S. Milch, "authorizes the FBI to issue National Security Letters ('NSLs') for specified customer information or records. That provision does not address wiretaps, and Verizon has not provided assistance to the government to conduct a wiretap based on an NSL."
So when the federal government issues a request for customer information that doesn't appear to follow FISA or 18 U.S.C. 2703, or any of the other statutes that clearly require court warrants or orders, the Commerce Committee letter asked, does Verizon feel compelled at any time to point that problem out to the government agency making the request?
"No, for a number of important reasons," Milch responded. "Congress has properly enacted a number of protections for telecommunications providers that assist the government. For example, current law states that a telecommunications provider may not be sued for providing assistance to the government, in accordance with the terms of a subpoena, government certification, court order or warrant, among other things...These statutory provisions are consistent with longstanding common law principles, which allow citizens to rely on the government's judgment when it asks for assistance."
In a very peculiar way, AT&T declined to answer the questionnaire directly, implying to the Commerce Committee last week that the information it seeks is being controlled by some other authority.
"We understand and respect your interest in the subjects about which you inquire," responded AT&T Executive Vice President Wayne Watts. "Unfortunately, under current circumstances, we are unable to respond with specificity to your inquiries. That is because, on many issues that appear to be of central concern to you, responsive information, if any, is within the control of the executive branch. For example, if such information were to exist, AT&T could not lawfully furnish classified information in this response. Indeed, we are not in a position even to confirm or deny the existence of any underlying facts or information that would be responsive to your requests that could be considered classified."
It was a nine-page explanation that AT&T sent, however, which included a defense of the state secrets privilege of chief executives. By contrast, Verizon's response - though carefully worded - never implied that the company was asked any question that could be considered breaching state secrecy.
Qwest's response, meanwhile, was far shorter, citing a federal lawsuit in California as the reason for its lack of participation. There, ironically, the company is being sued by the federal government, which is seeking information regarding whether Qwest illegally divulged information to the New Jersey Attorney General's office without a court order.
As the Washington Post reported yesterday, Qwest's former CEO - recently convicted in an insider trading scheme - implied that his entire indictment may have come in retribution for his company's refusal to comply with National Security Agency requests for customer information without a court order.
Last night, House Commerce Committee Chairman John Dingell (D - Mich.) issued a statement saying he may take AT&T's implied suggestion to heart. "After reviewing the thoughtful responses of the phone companies to our inquiries about the Administration's NSA program," Rep. Dingell wrote, "I am now convinced that the Administration -- as the sponsor of this program and the party preventing the companies from defending themselves -- is the entity best able to resolve the many outstanding issues."
Questionnaire co-author Rep. Ed Markey (D - Mass.) was a bit more direct: "The responses from these telecommunication companies highlight the need for Congress to continue pressing the Bush administration for answers," Rep. Markey wrote. "The water is as murky as ever on this issue and it's past time for the administration to come clean."
4:15 pm ET October 16, 2007 - Late this morning, Verizon Wireless - which is part-owned by Verizon, part by Vodafone - released a statement saying it has notified its customers it will share its customer data with its parent companies, unless they choose to opt out explicitly.
"Specifically, the notice sent to customers is an advance notice that Verizon Wireless may share basic customer information with our parent companies," reads the company's statement this afternoon. "This notice, following rules set forth by the Federal Communications Commission (FCC), gives customers who do not want that information shared with our telecommunications affiliates the option of telling us by 'opting out.' The FCC has rules which state specifically that opt-out is the way to share information and provide certain required language, which we followed."
The statement closed by saying the company will continue to work vigorously to fight for the privacy rights of its customers.
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Unfortunately, the fact is that Big Business and Big Government should not work together.
Government for all practicle purposes is a democracy and Big Business is a dictorship.
Everytime one of our sub governments like the FCC, Supreme Court or the Executive Branch sides on the favor of Big Business instead of the citizens or employees, they betray America.
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They shouldn't work together but they do, very very well. Business controls government and the media. Therefore if business screws up and gets in trouble with the government, then they have only themselves to blame.
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Hey Ben, can you check your database for the definition of "dictorship"? ...dictatorship perhaps, but why do I even bother?
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Seems to be an entirely different story here:
http://www.bloomberg.com...8Xw4&refer=politics
Must be some alternate dimension where Verizon *didn't* hand over the info.
I admit I only skimmed, but...
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I heard that version of events on NPR this morning as well. Though it's open to debate just how forthcoming Verizon may have been on a number of issues, it did at least cite the questions it was given, and issue responses, some at length.
-SF3
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Ain't the inarwebs grand?? You can find anything you want, even two totally differing accounts of the same exact events...
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Just another reason in a long list to never ever give verizon business.
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Big brother is here and strong. So much for our civil liberties and the Constitution.
"Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and congressmen and government officials, but the voters of this country." - Franklin Delano Roosevelt (1882-1945) 32nd U.S. President (1933-45)
Those who desire to give up Freedom in order to gain Security, will not have, nor do they deserve, either one." - Thomas Jefferson (1743-1826) 3rd U.S. President (1801-09)
"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin (1706-1790) American Scientist, Publisher, Diplomat
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So implied (never contracted or sworn) privacy over a public network is an essential liberty?
I'm not saying it is or is not, but it definitely raises the question.
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"Democracy, still the best government money can buy" - Mr. Hell (2000-2000) pilot episode
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Lets go with "it should be"
Then again if it isn't that's why encryption exists.
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Yea, the problem is most people don't vote, or they vote based on a single issue instead of the entire candidate. Like how poor people vote for republicans because they are anti-abortion or true "patriots" over democrats even though they are collecting welfare and Medicaid which were created by democrats. Awesome.
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Many would not agree with the "it should be".
They feel that expectations of privacy should be based on contract or clearly stated in ToS, not on some "It's not really stated anywhere, but my Mom says it is, so..." BS.
Encryption is excellent to take care of the latter situations. :)
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