U.S. sues state, Verizon to block NSA revelations

[David Farber <dave () farber net>]

Begin forwarded message:

From: eekid () aol com
Date: August 22, 2006 1:32:20 PM EDT
To: dave () farber net
Subject: U.S. sues state, Verizon to block NSA revelations

 http://pressherald.mainetoday.com/news/state/060822puc.shtml

U.S. sues state, Verizon to block NSA revelations


The federal government filed a lawsuit against state officials and  
Verizon Communications Monday to prevent the release of information  
about the company's alleged role in the National Security Agency's  
domestic surveillance program.
The lawsuit comes after 22 residents asked the state's Public  
Utilities Commission to investigate whether Verizon provided federal  
agents with information that could have resulted in the warrantless  
surveillance of telephone calls.
The Department of Justice filed the complaint on the day that Verizon  
faced a PUC deadline to affirm the veracity of past statements to the  
press. The company insisted in the statements that it did not provide  
customers' phone records to the NSA.
"The (Maine Public Utilities Commission's) actions infringe upon  
federal operations, are contrary to federal law, and are invalid  
under the supremacy clause of the United States Constitution," Deputy  
Assistant Attorney General Carl Nichols stated in a letter Monday  
advising Verizon lawyers of the lawsuit.
Maine is the third state to be sued for asking whether a  
communications company provided customer data to federal agents who  
eavesdropped on phone calls without warrants. State officials in  
Missouri and New Jersey also face federal lawsuits.
News of the lawsuit frustrated supporters of a Verizon probe.
"Suing the states who dare to ask questions is the federal  
government's way of keeping the public in the dark about its  
actions," said Shenna Bellows, executive director of the Maine Civil  
Liberties Union.
Opponents of warrantless surveillance contend that companies that  
pass private information to federal agents without a court order  
violate the state's telecommunications privacy laws. Supporters of  
the NSA program say it is an essential part of the war on terror.
The NSA program already is in the middle of a court battle over its  
constitutionality.
Until Monday, company officials and plaintiffs in Maine were locked  
in a debate over whether the commission could compel Verizon to  
release substantive information about what, if any, information it  
released to government officials involved in warrantless eavesdropping.
In late May, Verizon officials argued that an investigation of the  
company would be fruitless because the identities of NSA program  
participants are classified.
The company cited the "state secrets" privilege to explain why it  
could not say whether it was involved in the NSA program. It quoted a  
federal court decision stating that the secrets privilege is an  
"absolute bar" to the disclosure of names of participating companies,  
because doing so may be detrimental to national security.
The "state secrets" argument drew criticism from plaintiffs, who  
suggested the U.S. Department of Justice helped the company craft the  
response.
James Cowie of Portland, a former PUC official and lead plaintiff in  
the complaint, said the federal lawsuit confirms the company provided  
information to federal agents.
"The question is, what were they doing" with the NSA, Cowie said. "We  
ought to be able to find out."
Facing a deadline with the PUC, Verizon officials declined to release  
a statement dealing with a pair of earlier press releases about the  
company's relationship with the NSA program.
PUC officials asked the company earlier this month to clarify those  
press statements. The agency has not agreed to move forward with an  
investigation, but wanted a company executive to sign a statement  
swearing that the company's denials of illegal activity were true.
The letter will be withheld until the federal lawsuit is resolved,  
Donald Boecke, a Verizon attorney, stated in a letter to the commission.
Maine Gov. John Baldacci was unavailable for comment.

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