WASHINGTON (AP) — The
government has been secretly collecting the telephone records of millions of U.S.
customers of Verizon under a top secret court order,
according to a document disclosed by a British newspaper. The Obama administration
defended the National
Security Agency's need to collect telephone records of U.S. citizens, but
critics said it was a huge over-reach.
The White House offered no immediate
on-the-record comment. A senior administration official did not confirm the
Guardian newspaper report that the NSA has been collecting the records, but the
authenticity of the document was not disputed by the White House. The administration
official insisted on anonymity because the official was not authorized to
discuss the matter publicly by name.
The order was granted by the secret Foreign Intelligence
Surveillance Court on April 25 and is good until July 19, the Guardian
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 of Verizon Business 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 are being collected indiscriminately and in bulk, regardless of whether the people are suspected of any wrongdoing.
The Associated Press could not authenticate the order because documents from the court are classified.
Former Vice President Al Gore tweeted that privacy was essential in the digital era.
"It is just me, or is secret blanket
surveillance obscenely outrageous?" wrote Gore, the Democrat who lost the 2000
presidential election to George W. Bush.
Sen. Ron Wyden, D-Ore., said the Obama administration should disclose the facts.
"I think that they have an obligation to respond immediately," said Wyden, a frequent critic of government actions dealing with Americans' privacy.
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
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. LINK