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The '''NSA call database''' is a ] of ] calls created by the ] ] (NSA) with the cooperation of four of the largest telephone carriers in the United States: ], ], ] and ].<ref name="USA"> {{cite web
| title =NSA has massive database of Americans' phone calls
| work =usatoday.com
| url =http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm
| accessdate=2006-05-11
}}</ref> ] broke the story on ], ].<ref name="USA" /> All four companies were paid to provide the information to the NSA.<ref name="newsweek"> {{cite web
| title =Hold the Phone
| work =Newsweek
| url =http://msnbc.msn.com/id/12779087/site/newsweek/page/2/
| accessdate=2006-05-22
}} </ref> <ref name="three">Since the NSA request, SBC has merged with AT&T, making the number of companies now involved three, not four.</ref> According to the research group ], the three companies (AT&T has since merged with SBC) connected nearly 500 billion telephone calls in 2005 and nearly 2 trillion calls since late 2001.<ref name="WP">{{cite web
| title =Data on Phone Calls Monitored
| work =Washington Post
| url =http://www.washingtonpost.com/wp-dyn/content/article/2006/05/11/AR2006051100539.html
| accessdate=2006-05-12
}}</ref> The database's existence has prompted fierce objections from those who view it as constituting a warrantless or illegal search, and therefore a violation of the ].



==Qwest Communications==

The ''USA Today'' report indicated that Qwest's then CEO, ], doubted NSA's assertion that ] were unnecessary. In negotiations, NSA pressured the company to turn over the records. Qwest attorneys asked NSA to obtain approval from the ]. Aside from the chief justice, ]. When the NSA indicated they would not seek this approval, Qwest's new CEO ] declined NSA's request for access. Later, ] explicitly stated they do not participate in warrantless surveillance.<ref name="forbes">{{cite web
| title =Callers Can't Hide
| work =Forbes
| url =http://www.forbes.com/technology/2006/05/11/wireless-nsa-voip_cx_df_0511security.html
| accessdate=2006-05-15
}} </ref>

== Contents of the database ==

According to the article, the database is ''"the largest database ever assembled in the world"'', and contains ]s for all phone calls, domestic and international. A call-detail record consists of the phone numbers of the callers and recipients along with time and duration of the call.<ref name="USA" /> While the database does not contain specific names or addresses, that information is widely available from non-classified sources.{{fact}} According to the research group ], the three companies believed to have provided data connected nearly 500 billion telephone calls in 2005 and nearly 2 trillion calls since late 2001.<ref name="WP">{{cite web
| title =Data on Phone Calls Monitored
| work =Washington Post
| url =http://www.washingtonpost.com/wp-dyn/content/article/2006/05/11/AR2006051100539.html
| accessdate=2006-05-12
}}</ref>

== Uses of the database ==

Although such a database of phone records would not be useful on its own as a tool for ], it could be used as an element of broader national security analytical efforts and ].{{fact}} These efforts could involve analysts using the data to connect phone numbers with names and links to persons of interest.{{fact}} Such efforts have been the focus of the NSA's recent attempts to acquire key technologies from high tech firms in ] and elsewhere. ] software, such as the ], is used by law enforcement to organize and view links that are demonstrated through such information as telephone and financial records, which are imported into the program from other sources.<ref>, New York Times</ref> ] is used to detect patterns, classify and cluster data as well as forecast future events.<ref> (PDF file)</ref>

Using relational mathematics it is possible to find out if someone changes their telephone number depending on calling patterns.{{fact}} <!-- I heard this on NPR from a computer scientist they were interviewing ... looking for a source/link -->

== Government response ==

In response, the Bush administration defended its activities, while neither specifically confirming or denying the existence of the potentially illegal program.<ref name = "WIS"> {{cite web
| title =Bush defends surveillance
| work =WIS 10 TV, wistv.com
| url =http://www.wistv.com/Global/story.asp?S=4894270
| accessdate=2006-05-11
}} </ref> According to the Deputy ], "The intelligence activities undertaken by the United States government are lawful, necessary and required to protect Americans from terrorist attacks."<ref name="USA" />

] ] has said that he will hold hearings with the telecommunications CEOs involved. The ] is expected to question ] General ] about the data-gathering during his confirmation hearings as ]. Hayden was in charge of the NSA from ] through ].<ref name = "bloom"> {{cite web
| title =Specter Demands Phone Companies Testify on Database (Update1)
| work =Bloomberg
| url =http://www.bloomberg.com/apps/news?pid=10000103&sid=a5unahPcm.Fw&refer=us
| accessdate=
}} </ref>

Commenting on the apparent incompatibility of the NSA call database with previous assurances by President Bush, former ] Speaker of the ] ] told ], "I’m not going to defend the indefensible. The Bush administration has an obligation to level with the American people... I don’t think the way they’ve handled this can be defended by reasonable people." <ref name = "think"> {{cite web
| title =Gingrich on NSA Phone Records Program: Administration’s Conduct Can’t ‘Be Defended By Reasonable People’
| work =Think Progress
| url =http://thinkprogress.org/2006/05/12/gingrich-on-nsa/
| accessdate=
}} </ref>

Republican Senator ] told Fox News, "The idea of collecting millions or thousands of phone numbers, how does that fit into following the enemy?"<ref name = "AP"> {{cite web
| title =Bush Doesn't Confirm NSA Data Collection
| work =Associated Press
| url =http://news.yahoo.com/s/ap/20060511/ap_on_go_pr_wh/nsa_phone_records_19
| accessdate=2006-05-11
}} May 11, 2006 </ref>

House Republican Caucus chairwoman ] said, "While I support aggressively tracking ], the administration needs to answer some tough questions about the protection of our civil liberties." <ref name="yahoo-quotes">{{cite web
| title =Quotes About the NSA Collecting Data
| work =Associated Press
| url =http://news.yahoo.com/s/ap/20060511/ap_on_go_ca_st_pe/nsa_phone_records_quotes_1
| accessdate=2006-05-11
}} May 11, 2006 </ref>

Current Republican House Majority Leader ] said, "I am concerned about what I read with regard to NSA databases of phone calls."<ref name="yahoo-quotes"/>

] senator ], ranking member of the ], said "Are you telling me that tens of millions of ] are involved with al-Qaida? These are tens of millions of Americans who are not suspected of anything. ... Where does it stop?"<ref name="yahoo-quotes"/>

== Public reaction ==

*In a new '']'' poll of 1007 people conducted between May 11 and 12, 2006, 53% of Americans said that "the NSA's surveillance program goes too far in invading privacy " and 57% said that in light of the NSA data-mining news and other executive actions the Bush-Cheney Administration has “gone too far in expanding presidential power" while 41% see it as a tool to "combat terrorism" and 35% think the Administration’s actions were appropriate.<ref name = "poll"> {{cite web
| title =Newsweek
| work =
| url =http://www.msnbc.msn.com/id/12771821/site/newsweek/
| accessdate=
}} </ref>

*According to a '']'' telephone poll of 502 people, conducted on ], 63% of the American public supports the program, 35% do not; 66% were not bothered by the idea of the NSA having a record of their calls, while 34% were; 56% however thought it was right for the knowledge of the program to be released while 42% thought it was not.<ref name = "poll3"> {{cite web
| title =Washington Post-ABC News Poll
| work =Washington Post-ABC News
| url =http://www.washingtonpost.com/wp-srv/politics/polls/postpoll_nsa_051206.htm
| accessdate=2006-05-12
}} May 12, 2006</ref> These results were later considered inaccurate by further polls on the subject, specifically a USA Today/Gallup poll showing 51% opposition and 43% support for the program.<ref name = "poll2"> {{cite web
| title =UPDATE: Early 'Wash Post' Poll on NSA Phone Spying Refuted
| work =editorandpublisher.com
| url =http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1002502415
| accessdate=
}} </ref>

== Political action==

The ] was scheduled to hold hearings with NSA whistle-blower ] the week following the revelation of the NSA call database. Tice indicated that his testimony would reveal information on additional illegal activity related to the NSA call database that has not yet been made public, and that even a number of NSA employees believe what they are doing is illegal. Tice also told the '']'' that he "will not confirm or deny" if his testimony will include information on ]-based ] being used to spy on American citizens. <ref>, Think Progress</ref><!-- fair use reference to paid-subscription National Journal website -->

==Lawsuits==
'''New Jersey'''

Spurred by the public disclosure of the NSA call database, a lawsuit was filed against Verizon on May 12, 2006 at the Federal District Court in Manhattan by Princeton, N.J.-based attorneys Carl Mayer and Bruce Afran. The lawsuit seeks $1,000 for each violation of the ], and would total approximately $5 billion if the court certifies the suit as a class-action lawsuit.

'''Oregon'''

On May 12, 2006, an Oregon man filed a lawsuit against Verizon Nothwest for $1 billion.<ref>{{cite web
| title =Beaverton man sues Verizon Nothwest for $1 billion
| work =OregonLive.com
| url =http://www.oregonlive.com/newsflash/regional/index.ssf?/base/news-15/1147550358244440.xml&storylist=orlocal
| accessdate=2006-05-15
}}</ref>

'''Maine'''

On May 13, 2006, a complaint in Maine was filed by a group of 21 Maine residents who asked the Public Utilities Commission (PUC) to demand answers from Verizon about whether it provided telephone records and information to the federal government without customers' knowledge or consent. Maine law requires the PUC to investigate complaints against a utility if a petition involves at least 10 of the utility's customers.<ref name = "Boston"> {{cite web
| title =Complaint over phone records filed with PUC
| work =Boston.com
| url =http://www.boston.com/news/local/maine/articles/2006/05/13/complaint_over_phone_records_filed_with_puc/
| accessdate=2006-05-15
}} </ref>

'''San Francisco'''

Shortly after the NSA call database story surfaced, a San Francisco lawsuit was filed by the ].<ref name = "LA"> {{cite web
| title =U.S. Justice Department urges end to AT&T suit
| work =xinhuanet.com, quoting Los Angeles Times
| url =http://news.xinhuanet.com/english/2006-05/15/content_4545544.htm
| accessdate=2006-05-15
}} </ref><ref name = "SF"> {{cite web
| title =AT&T, Verizon readily break their own rules
| work =sfgate.com
| url =http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/12/BUGICIQA461.DTL
| accessdate=2006-05-11
}} </ref>

'''Justice Department response'''

The Los Angeles Times reported on May 14, 2006, that the U.S. Justice Department called for an end to an eavesdropping lawsuit against AT&T Corp., citing possible damage from the litigation to national security.<ref name = "LA" /><ref name="free">In 1970, when stolen ] documents were released to members of Congress, journalists, and organizations who were named in the files, the administration's response to the disclosures was to warn that any further disclosures "could endanger the lives or cause other serious harm to persons engaged in investigation activities on behalf of the United States." Stone, Geoffrey R., Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism, p. 495 </ref>

==Stored Communications Act==

Legal experts have stated that the 1986 ] forbids a turnover of information to the government without a warrant or court order, and the law gives consumers the right to sue for violations of the act and allows them to recover a minimum $1,000 for each violation.<ref name = "olymp"> {{cite web
| title =Lawyer says Qwest refused data request
| work =The Olympian
| url =http://159.54.227.3/apps/pbcs.dll/article?AID=/20060513/NEWS/60513019
| accessdate=2006-05-11
}} </ref><ref name = "marketwatch"> {{cite web
| title =Telecoms face billion dollar wiretap lawsuits: report
| work =marketwatch.com
| url =http://custom.marketwatch.com/custom/iwon-com/news-story.asp?guid=%7B501DBACD-B34C-4246-9EDB-604BB4FAADD9%7D
| accessdate=2006-05-11
}} </ref>


The 1986 ] (18 U.S.C. § 2701) forbids turnover of information to the government without a warrant or court order:

:"A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication...only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure"<ref name = "law"> {{cite web
| title =United States Code Annotated Title 18. Crimes and Criminal Procedure Part I—Crimes Chapter 121--Stored Wire And Electronic Communications And Transactional Records Access
| work =www.cybercrime.gov
| url =http://www.cybercrime.gov/ECPA2701_2712.htm
| accessdate=2006-05-11
}} </ref>


The act further states that phone providers can be held financially liable for violations of the US Constitution:

:"The punishment (to the phone provider) for an offense...if the offense is committed...in violation of the Constitution or laws of the United States or any State."<ref name = "law" />


Finally, the act states that any customer whose telephone company provided this information can be sued by the customer in civil court, for (a) actual damages to the consumer, (b) any profits by the telephone company, (c) punitive damages, and (d) attorney fees. The minimum amount the customer will recover is $1,000:

:"The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court." (18 U.S.C. § 2707(c) damages)<ref name = "law" />

==Legal historical background==
{{main|COINTELPRO}}
The ] was not approved by the ] (FISC), which was established in 1978 to secretly authorize taps on the communications of suspected foreign agents on U.S. soil.<ref name = "LA" /> The ] was inspired by the recommendations of the ], <ref name = "Terrorism"> {{cite book
| last = Cohen
| first = David
| authorlink =
| coauthors = John Wells
| year = Apr 17, 2004
| title = American National Security and Civil Liberties in an Era of Terrorism
| publisher = Palgrave
| location =
| id = ISBN 1403961999
}} p. 34</ref> which investigated the CIA program ].


In 1971, the US media reported that ] targeted thousands of Americans during the 1960s, after several stolen FBI dossiers were passed to news agencies.<ref name = "zmag"> {{cite web
| title =COINTELPRO Rides Again
| work =zmag.org
| url =http://www.zmag.org/Sustainers/content/2002-06/04hutchinson.cfm
| accessdate=2006-05-11
}} </ref> The ] Senate final report, which investigated ] declared that:


:Too many people have been spied upon by too many Government agencies and too much information has been collected. The Government has often undertaken the secret surveillance of citizens on the basis of their political beliefs, even when those beliefs posed no threat of violence or illegal acts on behalf of a hostile foreign power. The Government, operating primarily through secret informants, but also using other intrusive techniques such as wiretaps, microphone "bugs," surreptitious mail opening, and break-ins, has swept in vast amounts of information about the personal lives, views, and associations of American citizens. Investigations of groups deemed potentially dangerous -- and even of groups suspected of associating with potentially dangerous organizations -- have continued for decades, despite the fact that those groups did not engage in unlawful activity.<ref name = "Church"> {{cite web
| title = Intelligence Activities and the Rights of Americans book II
| work =United States Senate
| url =http://www.icdc.com/~paulwolf/cointelpro/churchfinalreportIIa.htm
| accessdate=2006-05-11
}} </ref> <ref name = "Slate"> {{cite web
| title =Tapped Out Why Congress won't get through to the NSA.
| work =Slate.com
| url =http://www.slate.com/id/2135325/
| accessdate=2006-05-11
}} </ref>

== See also ==
* ]
* ]
* ]
* ]
* ]
* ]

== Notes ==
<div class="references-small">
<references/>
</div>

== External links ==
<!--use:
{{cite web
| title =
| work =
| url =
| accessdate=
}}
-->
*{{cite web
| title =NSA has massive database of Americans' phone calls
| work =USA Today
| url =http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm
| accessdate=
}} (Original report of the NSA call database)
*{{cite web
| title =AT&T, Verizon readily break their own rules
| work =San Francisco Chronicle
| url =http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/12/BUGICIQA461.DTL
| accessdate=2006-05-16
}}
*{{cite web
| title =NSA Call-Record Data Mining No Surprise to Security Experts
| work =Fox News
| url =http://www.foxnews.com/story/0,2933,195205,00.html
| accessdate=2006-05-16
}}
*{{cite web
| title =President Bush's press conference following disclosure
| work =Video
| url =http://youtube.com/watch?v=c-BKds5NcD8
| accessdate=2006-05-16
}}
*{{cite web
| title =Spying on citizens not unusual Eavesdropping has often led to abuse
| work =Detroit Free Press
| url =http://www.freep.com/apps/pbcs.dll/article?AID=/20060514/NEWS07/605140739/1009
| accessdate=2006-05-16
}}


]
]
]

Revision as of 12:51, 15 May 2006

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