Tuesday, May 16, 2006

FLE

FCC commissioner calls for probe of phone companies working with NSA

The Federal Communications Commission should investigate whether phone companies are violating federal communications law by providing calling records to the National Security Agency as part of an anti-terrorism program, an FCC commissioner said Monday. ``There is no doubt that protecting the security of the American people is our government's No. 1 responsibility,'' Commissioner Michael J. Copps, a Democrat, said in a statement. ``But in a digital age where collecting, distributing and manipulating consumers' personal information is as easy as a click of a button, the privacy of our citizens must still matter.'' USA Today reported last week that AT&T Corp., Verizon Communications Inc. and BellSouth Corp. began turning over tens of millions of phone records to the NSA after the spy agency requested the records shortly after the terrorist attacks of Sept. 11, 2001. The paper reported that the NSA is building a massive call databank to analyze calling patterns. The telecommunications company Qwest said it refused to cooperate with the NSA after determining that doing so would violate privacy law. An FCC investigation, if undertaken, would be the second attempt this year by the government to explore an aspect of an NSA program. The Justice Department sought to investigate the role of its lawyers in the warrantless eavesdropping program, but it ended the inquiry last week because its lawyers were denied security clearances....

BellSouth denies giving information to National Security Agency

BellSouth said in a statement that it doesn't contract with the National Security Agency to supply customer calling information. "As a result of media reports that BellSouth provided massive amounts of customer calling information under a contract with the NSA," it said Monday, "the company conducted an internal review to determine the facts. Based on our review to date, we have confirmed no such contract exists and we have not provided bulk customer calling records to the NSA." USA TODAY first contacted BellSouth five weeks ago in reporting the story on the NSA's program. The night before the story was published, USA TODAY described the story in detail to BellSouth, and the company did not challenge the newspaper's account. The company did issue a statement, saying: "BellSouth does not provide any confidential customer information to the NSA or any governmental agency without proper legal authority." In an interview Monday, BellSouth spokesman Jeff Battcher said the company was not asking for a correction from USA TODAY. Asked to define "bulk customer calling records," Battcher said: "We are not providing any information to the NSA, period." He said he did not know whether BellSouth had a contract with the Department of Defense, which oversees the NSA....

FBI Acknowledges: Journalists Phone Records are Fair Game

The FBI acknowledged late Monday that it is increasingly seeking reporters' phone records in leak investigations. "It used to be very hard and complicated to do this, but it no longer is in the Bush administration," said a senior federal official. The acknowledgement followed our blotter item that ABC News reporters had been warned by a federal source that the government knew who we were calling. The official said our blotter item was wrong to suggest that ABC News phone calls were being "tracked." "Think of it more as backtracking," said a senior federal official. But FBI officials did not deny that phone records of ABC News, the New York Times and the Washington Post had been sought as part of a investigation of leaks at the CIA. In a statement, the FBI press office said its leak investigations begin with the examination of government phone records. Officials say that means that phone records of reporters will be sought if government records are not sufficient. Officials say the FBI makes extensive use of a new provision of the Patriot Act which allows agents to seek information with what are called National Security Letters (NSL). The NSLs are a version of an administrative subpoena and are not signed by a judge. Under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government....

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