Business In The Beltway
Did The NSA Break The Law?
Jessica Holzer, 05.11.06, 1:58 PM ET
Washington, D.C. - The allegations that the federal government has been secretly tracking the calls of millions of Americans, aided by three major telephone companies, will doubtless inflame privacy advocates and Democrats. But whether AT&T, Verizon and BellSouth broke the law by handing over reams of call data to the National Security Agency is unclear. USA Today reported Wednesday that the three telcos had handed over phone records for tens of millions of Americans to the NSA, which then used the records to search for patterns it thought would help it suss out terrorist activity. The paper said the NSA wasn't wiretapping the calls and listening to the content, but was compiling extensive lists of who called who, and when they called them.
From the White House on Wednesday, President George W. Bush didn't directly refer to the USA Today report, but defended the government's surveillance programs in general. "Our intelligence activities strictly target al-Qaida and their known affiliates," he said. "We're not mining or trolling through the personal lives of millions of innocent Americans."
Section 222 of the 1934 Communications Act forbids phone companies from giving out data on the calling patterns of their customers. But telecom experts say the law wasn't designed to address national security issues. "There were large competition concerns over how the Bell companies might misuse that information," says Larry Strickling, the former chief of the common carrier bureau of the Federal Communications Commission.
The USA Today piece alleges that the government, as it had with a domestic wiretapping program, skirted the courts set up under the Foreign Intelligence Surveillance Act and didn’t get warrants. "I don't know why they didn't do that," said James Lewis, the director of technology and public policy at the Center for Strategic and International Studies. When grilled about their failure to get warrants, the NSA, which is known for its data-mining, is likely to characterize the collection of the call data as standard practice, said Lewis. "They'll argue that they bought the data from the companies and used it for statistical analyses."
http://www.forbes.com/home/businessinthebeltway/2006/05/11/nsa-wiretap-bush_cx_jh_0511NSA.html