[IP] U.S. sues state, Verizon to block NSA revelations
Begin forwarded message:
From: eekid@xxxxxxx
Date: August 22, 2006 1:32:20 PM EDT
To: dave@xxxxxxxxxx
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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