It's no longer news that the National Security Agency (NSA) has been eavesdropping on communications between people in the United States and foreign countries on President Bush's instructions. Spying on American citizens on American soil heretofore has required a warrant. The Bush administration claims its warrantless eavesdropping actions are legal, though that assertion is disputed by many constitutional scholars and members of Congress. It is no surprise that several organizations have launched lawsuits against the government over this matter. What may surprise you is that your telephone company may also be the target of a lawsuit.

What the companies did

USA Today reported in February that telecommunications companies AT&T, MCI (now Verizon), and Sprint gave NSA officials access to their customers' communications without requiring warrants. Telecommunications companies routinely comply with wiretap warrants and in rare cases provide access to otherwise protected information on the written assurance of a high-level Department of Justice official that no court order is required. The difference in the NSA case is that AT&T, Sprint, and Verizon apparently did not receive -- nor did they seek -- written authorization. They granted access to their customers' private communications simply because senior government officials verbally asked them to.

Response from Congress

The Senate Judiciary Committee is holding a series of hearings to uncover the extent of the NSA's actions. Members of that committee, Senators Russell Feingold (D-WI) and Edward Kennedy (D-Mass.), requested that the CEO of each of the three telecommunications companies mentioned in the USA Today article provide the committee with information detailing their company's participation in the NSA program. The senators' letter solicited details on what information each company was asked to provide, who requested the information and what form that request took, and specifics on what the company actually provided. One news account said the telecom CEOs "rebuffed" the senators. In any case, if the companies answered these questions, their answers are not part of the public record available through the Judiciary Committee's website.

Lawsuit filed by The Electronic Frontier Foundation

On January 31, the Electronic Frontier Foundation (EFF), a nonprofit group working to defend digital rights, filed a class-action lawsuit against AT&T. EFF's suit contends that AT&T gave government officials open access to virtually all customer communications by voice, email, and other methods, allowing the NSA to pore unrestricted through records and databases of customers' communications. AT&T thus violated not only the privacy of its customers and the people they communicated with but also long-established communications laws, EFF alleges. The suit requests AT&T end the practice and seeks damages on behalf of AT&T customers.

The Electronic Frontier Foundation (EFF) also is requesting an injunction to require that AT&T stop giving the NSA access to customer communications.  Several organizations have filed for injunctions to halt the NSA spying program itself.

Administration response

On April 28, the United States government filed a "Statement of Interest" related to EFF's lawsuit against AT&T. The government is asserting its right to intervene in cases in which litigation might reveal information harmful to national security. The government also announced its intention to seek to dismiss the case, citing precedent that ruled that if the "very subject matter of an action" is a state secret, the suit should be dismissed.

The Department of Justice promises to file its motions to intervene and dismiss the case by May 12, before the May 15 conference to schedule EFF's case.

Kathleen Dobie, local freelance editor and activist, is paying attention and is outraged.