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Telecoms Mum on Government Surveillance Programs
By Teresa von Fuchs
WirelessWeek - October 16, 2007

AT&T, Verizon Communications and Qwest Communications sent letters yesterday to members in Congress defending their involvement, if any, in the National Security Agency's warrantless wiretapping programs.

Several representatives in Congress had requested letters from the telecoms asking them to explain the nature of their participation in any government surveillance programs. The telecoms, with the support of the FCC, declined to give any details on their alleged participation, citing the NSA's opinion that any information sharing would jeopardize national security.

Although Verizon and AT&T in their letters were mum on the details of their cooperation, both cited legal provisions, including the Foreign Intelligence Surveillance Act, which would allow them to share customer records with government and law-enforcement agencies without a specific court order. And that it should not be the telecom's place to judge the legality of requests from the government for information.

Verizon, in its letter, states: "Congress has properly enacted a number of protections for telecommunications providers that assist the government….These statutory provisions are consistent with long-standing common law principles, which allow citizens to rely on government's judgment when it asks for assistance."

And according to a report in The New York Times, AT&T in its letter said, "Given the focus of your questions, our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities."

Qwest reportedly did not comply with the government's request for customer records, but it also hasn't come out one way or another.

The telecoms are facing plenty of privacy suits, and the administration has been pushing for retroactive immunity to protect them from legal action due to their possible cooperation with the government's surveillance programs.

AT&T's letter objected to the suits, calling them unfair. According to the Times report, AT&T said, "carriers who are alleged to have cooperated with intelligence activities are faced with years of litigation, at great financial and reputational cost."

The representatives in Congress are looking to understand the carriers' role in the government's eavesdropping programs as it continues to debate renewing rules governing surveillance programs.

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