"We want to look at the entire program, an in-depth review, and this 
new data-mining issue is certainly a part of the whole picture," said 
a Republican Congressional aide, who asked not to be identified 
because no decisions had been made on how hearings might be 
structured."

http://www.nytimes.com/2005/12/25/politics/25wiretap.html?
pagewanted=print

December 25, 2005

Officials Want to Expand Review of Domestic Spying 

By ERIC LICHTBLAU

WASHINGTON, Dec. 24 - Congressional officials said Saturday that they 
wanted to investigate the disclosure that the National Security 
Agency had gained access to some of the country's main telephone 
arteries to glean data on possible terrorists. 

"As far as Congressional investigations are concerned," said Senator 
Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary 
Committee, "these new revelations can only multiply and intensify the 
growing list of questions and concerns about the warrantless 
surveillance of Americans." 

Members of the Judiciary Committee have already indicated that they 
intend to conduct oversight hearings into the president's legal 
authority to order domestic eavesdropping on terrorist suspects 
without a warrant. 

But Congressional officials said Saturday that they would probably 
seek to expand the review to include the disclosure that the security 
agency, using its access to giant phone "switches," had also traced 
and analyzed phone and Internet traffic in much larger volumes than 
what the Bush administration had acknowledged. 

"We want to look at the entire program, an in-depth review, and this 
new data-mining issue is certainly a part of the whole picture," said 
a Republican Congressional aide, who asked not to be identified 
because no decisions had been made on how hearings might be 
structured.

Current and former government officials say that the security agency, 
as part of its domestic surveillance program, has gained the 
cooperation of some of the country's biggest telecommunications 
companies to obtain access to large volumes of international phone 
and Internet traffic flowing in and out of the United States. 

The agency has traced and analyzed the traffic flow - looking at who 
is calling whom, where calls originate and end, and other patterns - 
to gather clues on possible terrorist activities. In cases where 
security agency supervisors believe they can show a link to Al Qaeda, 
President Bush has authorized eavesdropping on calls without a 
warrant within the United States, so long as one end of the phone or 
e-mail conversation takes place outside the country. 

The White House declined to comment Saturday on the security agency 
program or the use of data-mining, saying it would not discuss 
intelligence operations.

"The administration will aggressively fight the war on terror in an 
effort to protect the American people while at the same time 
upholding the civil liberties of the American people," said Allen 
Abney, a White House spokesman. "The president is doing both of these 
things and will continue to do both of these things."

Defenders of the program within the federal government say that the 
security agency's broad analytical searches and data-mining, combined 
with actual eavesdropping, are an essential part of detecting and 
preventing terror attacks. 

And they say the president is well within his legal authority to 
order such programs, because of his inherent constitutional power and 
because of Congressional authorization in the days after the Sept. 
11, 2001, attacks that permitted him to use "all necessary and 
appropriate force" to fight terrorism.

But civil rights and privacy advocates voiced concerns Saturday about 
the expanded role of the security agency, which historically has 
focused almost exclusively on foreign powers in mining for data on 
American phone lines. 

"To the extent that the N.S.A. is collecting information on people 
who are suspected of no wrongdoing whatsoever, it presents some very 
critical privacy concerns," said Marcia Hofmann, who leads the 
government oversight section at the Electronic Privacy Information 
Center, a group that lobbies for greater privacy rights. "And it 
shows the need for Congress to put in place real safeguards to 
prevent the government from abusing this information."

Lisa Graves, senior counsel with the American Civil Liberties Union, 
said, "There's no data-mining loophole in the Fourth Amendment." Ms. 
Graves added, "We're seeing an administration that's engaging in a 
lot of legal hair-splitting to justify behavior that's not authorized 
by the law."







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