Scope of phone records seizure causes alarm; data collection goes beyond
Verizon****

By Dave Boyer <http://www.washingtontimes.com/staff/dave-boyer/>****

The Washington Times****

Thursday, June 6, 2013 ****

The Obama administration on Thursday defended its secret seizure of the
phone[image: 
http://images.intellitxt.com/ast/adTypes/icon1.png]<http://www.washingtontimes.com/news/2013/jun/6/white-house-defends-phone-snooping/print/>records
of millions of U.S. citizens as part of counterterrorism efforts,
while privacy advocates blasted the move as illegal and a debate erupted in
Congress over the intended scope of a key surveillance law.****

In a new development, the National[image:
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Agency and the FBI are tapping into the central servers of nine
leading U.S. Internet companies in real time, obtaining audio and video
chats, photographs, e-mails and other information, various news outlets
reported. The program is code-named PRISM.****

The revelation that the National Security Agency has been collecting phone
records from Verizon Communications of all calls within the U.S. and to
sources overseas raised accusations that President Obama is running a
police state, in spite of his 2008 campaign promise to expand civil
liberties while prosecuting the war on terror differently from his
Republican predecessor.****

On Thursday, the scope of the records seizure apparently expanded as former
government officials familiar with the details of the domestic spying said
more phone companies likely are involved and lawmakers said the court order
is a routine three-month update of an ongoing program.****

But a White House official said such domestic surveillance is a "critical
tool in protecting the nation from terror threats."****

"It allows counterterrorism personnel to discover whether known or
suspected terrorists have been in contact with other persons who may be
engaged in terrorist activities, particularly people located inside the
United States," said White House deputy press secretary Joshua Earnest.****

"The information acquired does not include the content of any
communications or the name of any subscriber. It relates exclusively to
call details, such as a telephone number or the length of a telephone call."
****

The furor prompted Director of National Intelligence James Clapper to issue
a rare statement late Thursday night in which he argued that the disclosure
"threatens potentially long-lasting and irreversible harm to our ability to
identify and respond to the many threats facing our nation."****

"Discussing programs like this publicly will have an impact on the behavior
of our adversaries and make it more difficult for us to understand their
intentions," Mr. Clapper said.****

*Latest civil liberties issue*****

The timing of the report came as the Obama administration already taking
fire over civil liberties issues, from the IRS targeting conservative
groups for extra scrutiny to the Justice Department seizing the phone
records of journalists in efforts to uncover the sources of leaks of
classified information.****

Lawmakers of both parties on the Senate Intelligence Committee said the
wholesale domestic surveillance has been going on for seven years, and that
it's necessary to prevent terrorist attacks.****

"It's called protecting America," said Sen. Dianne Feinstein, California
Democrat, saying that the secret court order which Britain's Guardian
newspaper posted online Wednesday night is a routine three-month renewal
and proves that the program is carefully overseen by federal judges.****

Sen. Saxby Chambliss, Georgia Republican, said the surveillance has "proved
meritorious, because we have gathered significant information on bad guys,
but only on bad guys, over the years."****

But other lawmakers called the seizures an outrageous invasion of privacy
and they said the Patriot Act, under which the snooping was granted, was
never intended to allow for blanket[image:
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of Americans without any suspicion of wrongdoing.
****

Rep. F. James Sensenbrenner Jr., who as chairman of the House Judiciary
Committee helped write the Patriot Act after the Sept. 11 terrorist
attacks, said the administration's massive collection of phone records is
an "abuse" of the law.****

"How could the phone records of so many innocent Americans be relevant to
an authorized investigation as required by the act?" he wrote in a letter
to Attorney General Eric H. Holder Jr.****

Sen. Ron Wyden, Oregon Democrat, also raised the possibility of
administration officials lying to Congress in service of the program. He
posted on his Twitter feed a video in which Director of National
Intelligence James Clapper "specifically told me #NSA does not wittingly
collect any type of data on millions of Americans."****

"No, sir ... not wittingly," Mr. Clapper told Mr. Wyden at the March
hearing in response to a question worded near identically to the senator's
Thursday tweet, though he cautioned that NSA could "inadvertently collect"
such data.****

*Widening scope*****

Already reeling from accusations of too much intrusion by the Justice
Department, White House officials did not dispute that a court order signed
by Judge Roger Vinson of the Foreign Intelligence Surveillance Court in
April directs Verizon Communications to turn over "on an ongoing daily
basis" to the NSA all call logs "between the United States and abroad" or
"wholly within the United States, including local telephone calls."****

The FBI requested the court order, first reported by Britain's Guardian
newspaper, with the surveillance to last until July 19.****

A former NSA employee, William Binney, said other phone companies' records
have been seized routinely by the agency. *USA Today reported in 2006 that
three phone companies — Verizon, Bell South and AT&T — *had been turning
over data on Americans' domestic phone calls to NSA, though lawmakers told
the newspaper then that the companies' cooperation was only partial.****

"NSA has been doing all this stuff all along and it's been all the
companies, not just one," Mr. Binney said in a discussion hosted by the
progressive nonprofit group Democracy Now!****

Thomas Drake, another former NSA official, said the revelation shows that
government secrecy has become "institutionalized."****

"This isn't just a terrorist issue, this is simply the ability of the
government in secret on a vast scale to collect any and all phone call
records including domestic to domestic, local, as well as location
information," Mr. Drake said.****

"There is no need to call this the Foreign Intelligence Surveillance Court.
Let's just call it the 'surveillance court,' it's no longer about foreign
intelligence. It's simply about harvesting millions and millions and
millions of phone call records and beyond," he said.****

Also Thursday, the Guardian revealed the five-year existence of another
NSA-FBI surveillance program, this one getting data from America's Internet
giants.****

"The NSA access is part of a previously undisclosed program called PRISM,
which allows them to collect material including search history, the content
of emails, file transfers and live chats," the Guardian wrote, citing a
top-secret Power Point presentation.****

The slide show boasts of "collection directly from the servers" of
companies such as Yahoo, Google, Microsoft, Apple. YouTube and Skype.
Several of the companies told multiple news outlets Thursday that they had
no knowledge of the program and that any access to their servers was
clandestine.****

*Backlash under way*****

Privacy advocates reacted angrily to the news.****

University of Notre Dame Law Professor Jimmy Gurulé, a former assistant
U.S. Attorney General and former undersecretary for enforcement for the
Treasury Department, called the program "deeply disturbing."****

"It strains credulity to believe that there is probable cause to believe
that the millions of Americans targeted by the NSA are engaged in
international terrorism," Mr. Gurulé said. "This appears to be an abuse of
power that threatens the civil liberties of all Americans. Further, if
Congress is aware of these FISA warrants and has failed to act to restrain
the NSA's overreach, it is complicit by omission."****

The White House and some lawmakers said Congress is briefed regularly about
such surveillance programs.****

"The intelligence community is conducting court-authorized intelligence
activities pursuant to a public statute with the knowledge and oversight of
Congress and the intelligence community in both houses of Congress," Mr.
Earnest said.****

"There is also extensive oversight by the executive branch, including the
Department of Justice and relevant agency counsels and inspectors general,
as well as annual and semi-annual reports to Congress as required by law."**
**

But many lawmakers said they are often kept out of the loop on sensitive
national security issues.
"This 'fully brief' is something that drives us up a wall because often
'fully briefed' usually means a group of eight [members of] leadership,"
said Sen. Barbara A. Mikulski, Maryland Democrat.****

Many expressed outrage at the revelation of the phone seizures.****

"If the president and Congress would obey the Fourth Amendment we all swore
to uphold, this new shocking revelation that the government is now spying
on citizens' phone data en masse would never have happened," said Sen. Rand
Paul, Kentucky Republican.****

The White House said Mr. Obama "welcomes" a debate about the trade-offs
between national security and civil liberty.****

"The close examination of some of these complicated issues could cause
people to arrive at differing opinions," he said. "The president welcomes
that debate. He has his own ideas, he's presented them."****

Two weeks ago, in a speech at the National Defense University about the use
of drones in the war on terror, Mr. Obama outlined a plan for shifting away
from perpetual war with terrorists.****

"In the years to come, we will have to keep working hard to strike the
appropriate balance between our need for security and preserving those
freedoms that make us who we are," Mr. Obama said.****

"That means reviewing the authorities of law enforcement so we can
intercept new types of communication, but also build in privacy protections
to prevent abuse."****

© Copyright 2013 The Washington Times, LLC. Click here for reprint
permission.<http://license.icopyright.net/3.7280?icx_id=/news/2013/jun/6/white-house-defends-phone-snooping/>
****

About the Author****

Dave Boyer <http://www.washingtontimes.com/staff/dave-boyer/>


****

Dave Boyer is a White House correspondent for The Washington Times. A
native of Allentown, Pa., Boyer worked for the Philadelphia Inquirer from
2002 to 2011 and also has covered Congress for the Times. He is a graduate
of Penn State University. Boyer can be reached at [email protected]
.****



Read more:
http://www.washingtontimes.com/news/2013/jun/6/white-house-defends-phone-snooping/#ixzz2VXWxnb00
****

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