WASHINGTON, D.C. – The Federal Communications Committee (FCC) today declined to initiate an investigation requested by Representative Edward J. Markey (D-MA), Chairman of the House Subcommittee on Telecommunications and the Internet, into widespread and serious allegations of telecommunications privacy laws violations by the National Security Agency (NSA) and other entities. The FCC referred to an Oct. 2nd letter from the Director of National Intelligence (DNI) which claimed such an investigation would “pose an unnecessary risk of damage to national security.”
“I am disappointed by the FCC’s response. I still hold that it is well within the authority of the independent agency responsible for the enforcement of our nation’s communications privacy laws to investigate the very serious reports that the intelligence agencies were using telephone companies to obtain phone records and Internet data on citizens without proper, prior authorization. I believe the agency could conduct its own examination of such reports in a way that safeguards national security.
“But the real roadblock here continues to be the Bush administration. The letter to the FCC from the Director of National Intelligence is unsurprising given that this administration has continually thwarted efforts by Congress to shed more light on the surveillance program,” said Rep. Markey, who first asked FCC Chairman Kevin J. Martin to investigate these allegations in May of 2006.
Last month, Rep. Markey sent a letter to the FCC following up on testimony by Chairman Martin on March 14th when Chairman Martin informed Rep. Markey that he had written a letter to Attorney General Alberto Gonzales to obtain the viewpoint of the Department of Justice as to whether the FCC could begin an investigation.
In addition, earlier this week Rep. Markey broadened the investigation into wiretapping allegations by joining with Reps. John D. Dingell (D-MI), chairman of the House Energy and Commerce Committee, and Bart Stupak (D-MI) in sending letters to AT&T, Verizon and Qwest regarding their compliance or not with requests from the NSA for access to telephone records of millions of their customers without the customers’ knowledge or consent. The congressmen also sent letters to privacy advocates requesting the advocates’ opinion of the recent revisions of the Foreign Intelligence Surveillance Act enacted in Public Law 110-55, the “Protect America Act.”
“Protecting the homeland is vital, but we can do so without undermining the essential privacy rights of American citizens. Congress clearly needs to get to the bottom of this and I will continue my efforts to do so,” concluded Rep. Markey.
Chairman Martin's response to Rep. Markey, and letter from Director of National Intelligence
Past correspondence between Rep. Markey and Chairman Martin over possible wiretapping investigation
Letters to telecommunications companies
| FOR IMMEDIATE RELEASE October 5, 2007 |
CONTACT: Jessica Schafer, 202.225.2836
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