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Timeline: FCC asked to investigate NSA/phone records revelations

by admin  Sep 30 2006 - 4:00pm     

May 10, 2006: USA Today reports that "NSA has massive database of Americans' phone calls." The story cites "people with direct knowledge of the arrangement" as sources, one of whom is quoted as calling it "the largest database ever assembled in the world." The article says that the database uses records provided by AT&T, Verizon, and BellSouth. QWest declined to cooperate with the project.

May 12, 2006: Director of National Intelligence John Negroponte files a declaration on behalf of AT&T, which is being sued by the Electronic Frontier Foundation in Federal District Court for its alleged cooperation with the NSA's warrantless wiretapping program. Negroponte invokes the "states secrets privilege," stating that he has "determined that the disclosure of certain information implicated by Plaintiffs' claims . . . could reasonably be expected to cause exceptionally grave damage to the national security of the United States and, thus, must be protected from disclosure and excluded from this case."

National Security Agency Director Keith Alexander files a similar statement with the court.

May 15, 2006: Congressmember Edward J. Markey of Massachusetts writes a letter to FCC Chair Kevin Martin asking the FCC to investigate the controversy. "Please provide me with a response which outlines the Commission's plan, in detail, for investigating and resolving these allegedly violations of consumer privacy," Markey writes.

May 15, 2006: FCC Commissioner Michael Copps calls on the FCC to "get to the bottom of this situation" by opening an inquiry into whether the phone companies violated Section 222 of the Communications Act:

"Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier."

May 15, 2006: BellSouth issues statement on the controversy: "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."

May 16, 2006: Verizon issues statement on the controversy: "Verizon will provide customer information to a government agency only where authorized by law for appropriately-defined and focused purposes. When information is provided, Verizon seeks to ensure it is properly used for that purpose and is subject to appropriate safeguards against improper use. Verizon does not, and will not, provide any government agency unfettered access to our customer records or provide information to the government under circumstances that would allow a fishing expedition."

May 22, 2006: FCC Chair Kevin Martin replies to Congressmember Edward Markey, declining to open an FCC investigation on the matter, and citing Negroponte and Alexander's court statements:

"The representations of Director Negroponte and General Alexander make clear that it would not be possible for us to investigate the activities addressed in your letter without examining highly classified sensitive information. The Commission has no power to order the production of classified information."

May 24, 2006: Markey discloses Martin's letter on his Web site, declares that the FCC is "taking a pass" on the issue, and calls on Congress to initiate an investigation of the matter.


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