Updated at 7:33am by Huffington Post:
WASHINGTON — The Obama administration on Thursday defended the National Security Agency’s need to collect telephone records of U.S. citizens, calling such information “a critical tool in protecting the nation from terrorist threats.”
While defending the practice, a senior administration official did not confirm a newspaper report that the NSA has been collecting the telephone records of millions of U.S. customers of Verizon under a top secret court order.
The order was granted by the secret Foreign Intelligence Surveillance Court on April 25 and is good until July 19, Britain’s Guardian newspaper reported Wednesday. The order requires Verizon, one of the nation’s largest telecommunications companies, on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the U.S. and between the U.S. and other countries.
The newspaper said the document, a copy of which it had obtained, shows for the first time that under the Obama administration the communication records of millions of U.S. citizens were being collected indiscriminately and in bulk, regardless of whether they were suspected of any wrongdoing.
The Associated Press could not authenticate the order because documents from the court are classified.
The administration official spoke on condition of anonymity because the official was not authorized to publicly discuss classified matters.
Verizon spokesman Ed McFadden said Wednesday the company had no comment. The NSA had no immediate comment.
Verizon Communications Inc. listed 121 million customers in its first-quarter earnings report this April – 98.9 million wireless customers, 11.7 million residential phone lines and about 10 million commercial lines. The court order didn’t specify which type of phone customers’ records were being tracked.
Under the terms of the order, the phone numbers of both parties on a call are handed over, as are location data, call duration, unique identifiers, and the time and duration of all calls. The contents of the conversation itself are not covered, The Guardian said.
The administration official said, “On its face, the order reprinted in the article does not allow the government to listen in on anyone’s telephone calls.”
The broad, unlimited nature of the records being handed over to the NSA is unusual. FISA court orders typically direct the production of records pertaining to a specific named target suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets. NSA warrantless wiretapping during the George W. Bush administration after the 9/11 attacks was very controversial.
The FISA court order, signed by Judge Roger Vinson, compelled Verizon to provide the NSA with electronic copies of “all call detail records or telephony metadata created by Verizon for communications between the United States and abroad” or “wholly within the United States, including local telephone calls,” The Guardian said.
The law on which the order explicitly relies is the “business records” provision of the USA Patriot Act.
The National Security Administration is secretly collecting phone record information for all U.S. calls on the Verizon network. “Under the terms of the blanket order, the numbers of both parties on a call are handed over, as is location data, call duration, unique identifiers, and the time and duration of all calls,” reports The Guardian, which broke the story of the top-secret project after it obtained record of a court order mandating Verizon hand over the information.
The contents of the call are not recorded and it is also not known whether Verizon is the only cell-phone carrier complying with the massive spying project. The court order concerns all calls to, from, and within the United States.
With this so-called “metadata,” the government knows “the identity of every person with whom an individual communicates electronically, how long they spoke, and their location at the time of the communication,” explains the Guardian.
The Senate’s tech-savviest member, Ron Wyden (CrunchGov Grade: A), has been discretely warning citizens of these kinds of secretive government projects. “There is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows,” wrote Wyden and Senator Mark Udall to embattled Attorney Eric Holder.
The order apparently draws from a 2001 Bush-era provision in the Patriot Act (50 USC section 1861). The revelation dovetails similar exposes on massive government spying projects, including one project to combine federal datasets and look for patterns on anything which could be related to terrorism.
Late last year, I wrote about a few actual harms that citizens should be worried about from these types of big-data spying programs. Blackmailing citizens critical of the government seemed like a distant hypothetical, until we learned that the IRS was auditing Tea Party groups and journalists were being wiretapped. Nefarious actors inside the government like to abuse national security programs for political ends, and that should make us all (even more) suspect of government spying.
Some government secrecy is necessary for national security purposes. But it’s justified based on our trust that the information will be used with care. With every passing scandal, the justification for these types of programs becomes more and more questionable.
Either way, this is a massive PR disaster for Verizon. While it’s true that AT&T had it’s ownspying scandal, misery still loves company. It’s in Verizon’s interest to somehow implicate other carriers in the spying program. If Verizon is, indeed, not the only carrier, I suspect we’ll be finding out in the near future.Sec
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