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FISA, Phone Calls, and the End of Privacy
Author: TriSec    Date: 10/17/2007 13:01:44

You might have noticed this is rather long. My intention when I started collecting info for this blog post was to discuss the FISA program and the phone companies. I found some other info that was certainly eye-opening, so I thought I'd share it, despite the length.

First of all - what sort of information is the government looking for when they make a request? According to this 13-page letter that Verizon released to the Energy and Commerce Committee on Monday, the government wants to know:
1. Subscriber Name;
2. Subscriber Address;
3. Local and long distance telephone connection records, or records of session times and durations;
4. Length of service and type of service utilized;
5. Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and
6. Means and source of payment for such service, including credit card or bank account number of a subscriber to such service.
(bold-face mine)

excuse me? Local calls?? Didn't Bush specifically say they only got the info for calls made into or out of this country? Keep this in mind - it will be important later...

The telecoms vary in their approach to the request. Verizon seems to just turn over whatever is requested. Per this post on RawStory:
Verizon has provided data to federal authorities on an emergency basis without a court order -- and without determining the requests' legality -- 720 times between January 2005 and September of this year.

The company's revelation came in a 13-page letter to the House Energy and Commerce Committee released Monday.

----snip----

The Verizon letter also revealed that the FBI used National Security Letters to request a "two-generation community of interest" related to a particular subscriber, meaning a list of every person the target called and every person called by those people. Verizon says it does not keep such information.
720 times without even verifying the legality...

That "two-generation" thing is put into perspective in this post by John Avarosis on AmericaBlog:
Let me put this in simpler terms. Anyone of you who have ever emailed me, or chatted with me by phone, may very well have had your name included in the government's domestic spying sweep.

Why? Because a good friend of mine is Pakistani-American, and she regularly chats with folks in Pakistan. And under our government's new standard, if you chat with me, and I chat with someone who chats with someone in Pakistan, then the government has the right to look at the details of your communication with me.


ComCast has gone so far as to create a "guide" document for complying with information requests, and it provides some interesting information. Per this article:
The cost for performing any FISA surveillance "requiring deployment of an intercept device" is $1,000.00 for the "initial start-up fee (including the first month of intercept service)," according to a newly disclosed Comcast Handbook for Law Enforcement (pdf).

Thereafter, the surveillance fee goes down to "$750.00 per month for each subsequent month in which the original [FISA] order or any extensions of the original order are active."
cha-ching!!!

In the linked document, ComCast describes the identifying info they can search on:
Comcast has the ability to identify only Comcast High Speed Internet Subscriber accounts based on the following criteria:

• Internet Protocol (IP) address including date and time of incident;
• email account identifier;
• subscriber name and address; and
• subscriber account number.

Typically, upon receipt of a properly and timely (within 6 months) submitted valid and
statutorily authorized legal request, Comcast can supply the subscriber’s name, address, telephone number, email accounts, Comcast account number and current account status.

At least ComCast makes sure they only provide the information when legally requested:
Foreign Intelligent Surveillance Act of 1978
Title 50 U.S.C. §§ 1801-1862 and new §§ 105A and B. Submissions to Comcast should be coordinated with the FBI field office in Trenton, NJ or Philadelphia, PA. A Special Agent will be tasked to hand deliver the request to Comcast. Upon receipt, Comcast will handle all documents with the appropriate care and security as required by law.

National Security Letter
All National Security Letters should be coordinated with the FBI field office in Trenton, NJ or Philadelphia, PA. A Special Agent will be tasked to hand deliver the request to Comcast. Upon receipt Comcast will handle all documents with the appropriate care and security as required by law. Attention must be paid to the various court proceedings in which the legal status of such requests is at issue.


I think this is all good information for us to know. If they're going to spy on Americans, we should know when, what, and why. So now we know "what". We won't ever know "when" - per Bloomberg News:
Oct. 15 (Bloomberg) -- Three of the largest U.S. telephone companies declined to answer lawmakers' questions about Bush administration efforts to spy on Americans' phone calls and e- mails, saying the government forbade them from doing so.

"Our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities", AT&T Inc. General Counsel Wayne Watts said in a letter to the House Energy and Commerce Committee that was released today by the panel.

----snip----

Verizon and Qwest said the Justice Department prohibited them from offering any substantive comment on their roles in the spy program...
So once again, the Executive shrouds its activities in secrecy and sucks in the corporate giants with them.


And of course, the Administration says the "why" is because of 9/11.

Oh really? Then why have they been pursuing the collection of phone records for every single phone call made in the U.S. since Feb 2001??:
Per RawStory:
A former CEO who stood up to the Bush administration's demands that he assist in the warrantless surveillance of Americans suggests in court documents that the National Security Agency withdrew a lucrative contract in retaliation for his refusal.

Documents released as part of Qwest CEO Joe Nacchio's insider trading trail also seem to indicate that the NSA was discussing the secretive, possibly illegal, surveillance of Americans several months before the 9/11 attacks President Bush used to justify the program.

The heavily redacted legal filings reveal the "classified defense" Nacchio was unable to present during his trial, and they outline a Feb. 27, 2001, meeting between the Qwest CEO and NSA officials to discuss a $100 million infrastructure project, and another topic. Discussion of the second topic was blacked-out in released court documents, but observers believe the NSA could've been discussing its program to compile a database of tens of millions of Americans' phone records

----snip----

USA Today revealed last year that Qwest was the only phone company not to comply with the NSA's request to compile phone records into a massive computer database, which it said was instituted only after 9/11...

(bold-face mine)

Here's the detail from the USA Today article:
The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

"It's the largest database ever assembled in the world," said one person, who, like the others who agreed to talk about the NSA's activities, declined to be identified by name or affiliation. The agency's goal is "to create a database of every call ever made" within the nation's borders, this person added.


So the Bush Administration tells America that they need to do these wiretaps for calls in and out of the United States because of 9/11, when the reality is they've been working on tracking EVERY phone call EVEN INSIDE the United States since 6 months PRIOR to 9/11, and they are getting detailed data on people not even directly related to the people making international calls. On top of all this, they are conscripting corporations as part of it, swearing them to secrecy, punishing them if they don't comply, and leaving them unable to discuss it.

For a government so obsessed with their own secrecy, they seem to have no regard for ours.
 

96 comments (Latest Comment: 11/08/2007 19:43:55 by Raine)
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Comments:

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Comment by Will in Chicago on 10/17/2007 13:06:56
FIRST!!!







Good morning, bloggers!



Today is a big day. Michael Mukasey will be testifying before the Senate Judiciary Committee at 10 AM EDT.



By the way, the early draft of the Daily Headlines are up at UNN.



Here is the top story so far: Gore says no plans to run for presidency

Comment by BobR on 10/17/2007 13:19:40
Morning folks... :coffee:



Sorry for the late entry - I overslept... :zzz:

Comment by livingonli on 10/17/2007 13:32:08
Good morning.



I fell asleep with the TV and light on last night. I woke up several hours later.

Comment by Will in Chicago on 10/17/2007 13:36:56
Quote by BobR:

Morning folks... :coffee:



Sorry for the late entry - I overslept... :zzz:






No problem. Good entry!

Comment by livingonli on 10/17/2007 13:43:25
Ghouilani is running on the "Kill 'em all" platform.

Comment by TriSec on 10/17/2007 13:46:07
Hey, doesn't Momma listen to her own ads? She could get a powerful free tape that will make everything better!!

Comment by livingonli on 10/17/2007 13:48:38
Quote by TriSec:

Hey, doesn't Momma listen to her own ads? She could get a powerful free tape that will make everything better!!


And then she can sleep like a baby. :zzz:

Comment by Will in Chicago on 10/17/2007 13:50:59
Why does the position of most GOP presidential candidates on Iran brings to mind a new word combining one thing that the GOP loves with something they generally fear: wargasm?

Comment by livingonli on 10/17/2007 14:00:48
Quote by will in chicago:

Why does the position of most GOP presidential candidates on Iran brings to mind a new word combining one thing that the GOP loves with something they generally fear: wargasm?


This is what they do when talking about war.

Comment by Raine on 10/17/2007 14:09:15
Good morning!

Comment by Will in Chicago on 10/17/2007 14:12:11
Quote By: livingonli

Well we know what they are really doing when they talk about war. :wank:




Maybe the GOP candidates can star in a fantasy film that illustrates their love of war and of fishing.



"He-Man and the Master Baiters of the Universe."



(Chertoff can appear as Skeletor.)

Comment by BobR on 10/17/2007 14:15:12
BEER!! :beer:



Helping ugly people have sex for centuries!

Comment by livingonli on 10/17/2007 14:15:29
Morning Raine.



Need some ?

Comment by TriSec on 10/17/2007 14:17:46
Remind me never to go for Chinese with Momma and Jim.





Comment by wickedpam on 10/17/2007 14:19:35
Morning :hug:

Comment by livingonli on 10/17/2007 14:22:58
And now mala joins the party.

Comment by wickedpam on 10/17/2007 14:24:29
:dance:

Comment by BobR on 10/17/2007 14:28:25
wow - how insincere sounding was that denial?

Comment by Raine on 10/17/2007 14:28:38
going down the drain? VERY poor choice of words there Ms. Craig.

Comment by livingonli on 10/17/2007 14:31:30
Quote by Raine:

going down the drain? VERY poor choice of words there Ms. Craig.


He only tapped his toes.

Comment by Raine on 10/17/2007 14:48:15
Quote by livingonli:
Quote by Raine: going down the drain? VERY poor choice of words there Ms. Craig.
He only tapped his toes.
So did dorothy when she was asking the Good witch to take her home...

Comment by Raine on 10/17/2007 14:49:19
Bush said he would veto the housing bill btw.

Comment by Raine on 10/17/2007 14:50:01
Thanks Chris... I am wondering where gets off telling congress to do work... What the hell has he done?!?!? :angry:

Comment by livingonli on 10/17/2007 14:50:13
Which would you rather do? Listen to Bush speak or poke your ears out with a sharp stick?

Comment by livingonli on 10/17/2007 14:50:57
Quote by Raine:

Bush said he would veto the housing bill btw.


People just don't appreciate the fun of living in a cardboard box.

Comment by Raine on 10/17/2007 14:51:05
By veterans day?!?! OK... this president is just too much.

Comment by Raine on 10/17/2007 14:52:10
Nor should congress be condeming Move on ads... OR commending Rush limpballs.

Comment by Raine on 10/17/2007 14:53:41
Wow... he DOES sounds slurry....

Comment by Raine on 10/17/2007 14:54:15
That is david Gregory I think.

Comment by TriSec on 10/17/2007 14:54:48
Ah, another dispatch from Cloud-Cuckoo Land.



*solemnly removes headphones*



Sorry, I can't listen to the drunken frat boy anymore. Not even with the MST3K commentary.





Comment by Raine on 10/17/2007 14:55:07
So is lead free toys for our children...

Comment by livingonli on 10/17/2007 14:55:11
What would the Dalai Lama say about the war in Iraq?

Comment by TriSec on 10/17/2007 14:55:30
Quote by Raine:

Thanks Chris... I am wondering where gets off telling congress to do work... What the hell has he done?!?!?



:angry:






Isn't this the same Congress that's been complaining recently about their 5-day work week?



Comment by Raine on 10/17/2007 14:56:28
oh alright this is gregory.. sorry... OOh a question about SYRIA!! Wait for it... will he comment ?

Comment by Raine on 10/17/2007 14:57:02
Wow he doesn't remember what he was doing ?

Comment by TriSec on 10/17/2007 14:57:21
Doesn't a dictator and/or ruling monarch dictate to his legislative body (often of the rubber-stamp kind) what they want done in the future?



I'm not even listening, and this has the tone of "do what I say, or else" written all over it.



Or else what? He'll dissolve congress and set himself up as a dictator?



How relevant is that missing nuke now? This is all coming together in my mind.





Comment by Raine on 10/17/2007 14:57:43
NO... it is a reporter doing his job assW!!

Comment by livingonli on 10/17/2007 15:01:31
OK, who wants a drink?

Comment by Raine on 10/17/2007 15:04:53
Bush returned to the oil industry, becoming a senior partner or chief executive officer of several ventures, such as Arbusto Energy,[30] Spectrum 7, and, later, Harken Energy.[31] These ventures suffered from the general decline of oil prices in the 1980s that had affected the industry and the regional economy. Additionally, questions of possible insider trading involving Harken have arisen, though the Securities and Exchange Commission's (SEC) investigation of Bush concluded that he did not have enough insider information before his stock sale to warrant a case.[32]
This is bush's on the record version of what he did in the early 80's....

Comment by Raine on 10/17/2007 15:06:15
Quote by livingonli: OK, who wants a drink?
I Will have what bush is drinking... it seems to pout you in a wonderfully blissful state of denial.

Comment by TriSec on 10/17/2007 15:06:30
Securities and Exchange Commission's (SEC) investigation of Bush concluded that he did not have enough insider information before his stock sale to warrant a case.




Actually, that tells me that Harken Energy didn't think Bush was important enough to have access to that inside information in the first place...



Comment by Raine on 10/17/2007 15:07:19
Quote by TriSec: Doesn't a dictator and/or ruling monarch dictate to his legislative body (often of the rubber-stamp kind) what they want done in the future? I'm not even listening, and this has the tone of "do what I say, or else" written all over it. Or else what? He'll dissolve congress and set himself up as a dictator? How relevant is that missing nuke now? This is all coming together in my mind.
you can come back now Tri... Dumbya is gone.

Comment by TriSec on 10/17/2007 15:07:21
Quote by Raine:

Quote by livingonli:

OK, who wants a drink?


I Will have what bush is drinking... it seems to pout you in a wonderfully blissful state of denial.






Red Sox Nation could use some of that.... :kickcan:



Comment by Raine on 10/17/2007 15:08:33
CC and Steph... Did you know that Stephen Colbert is now in the race too?!?!

Comment by TriSec on 10/17/2007 15:17:40
Oh, lordy...Marjorie Post must be spinning in her grave.



It's the Post Estate...us old Palm Beach hands simply refuse to call it "Mar-a-Largo".



And you've heard the story about how the Donald wanted PBI to change it's departure procedures because centerline extended went right over his house...

Comment by Raine on 10/17/2007 15:30:22
When I came home, trailer


Comment by livingonli on 10/17/2007 15:39:23
I guess having no feelings helps one support a Republican Lite agends.

Comment by TriSec on 10/17/2007 15:47:50
:modbat:



No messing with Louis there, people!!!





Comment by Raine on 10/17/2007 16:28:52
I feel my brain getting bigger again... it must be the Hartmann...

Comment by starling310 on 10/17/2007 16:58:48
Quote by TriSec:



Red Sox Nation could use some of that.... :kickcan:





You're not giving up yet, are you Tri?