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U.S. Is Secretly Collecting Records of Verizon Calls" by CHARLIE SAVAGE and EDWARD WYATT,
New York Times 6/5/2013
Excerpt
The Obama administration is secretly carrying out a domestic surveillance program under which it is collecting business communications records involving Americans under a hotly debated section of the Patriot Act, according to a highly classified court order disclosed on Wednesday night.
The order, signed by Judge Roger Vinson of the Foreign Intelligence Surveillance Court in April, directs a Verizon Communications subsidiary, Verizon Business Network Services, to turn over “on an ongoing daily basis” to the National Security Agency all call logs “between the United States and abroad” or “wholly within the United States, including local telephone calls.”
The order does not apply to the content of the communications.
Verizon Business Network Services is one of the nation’s largest telecommunications and Internet providers for corporations. It is not clear whether similar orders have gone to other parts of Verizon, like its residential or cellphone services, or to other telecommunications carriers. The order prohibits its recipient from discussing its existence, and representatives of both Verizon and AT&T declined to comment Wednesday evening.
The four-page order was disclosed Wednesday evening by the newspaper The Guardian. Obama administration officials at the F.B.I. and the White House also declined to comment on it Wednesday evening, but did not deny the report, and a person familiar with the order confirmed its authenticity. “We will respond as soon as we can,” said Marci Green Miller, a National Security Agency spokeswoman, in an e-mail.
The order was sought by the Federal Bureau of Investigation under a section of the Foreign Intelligence Surveillance Act, the 1978 law that regulates domestic surveillance for national security purposes, that allows the government to secretly obtain “tangible things” like a business’s customer records. The provision was expanded by Section 215 of the Patriot Act, which Congress enacted after the 9/11 terrorist attacks.
The order was marked “TOP SECRET//SI//NOFORN,” referring to communications-related intelligence information that may not be released to noncitizens. That would make it among the most closely held secrets in the federal government, and its disclosure comes amid a furor over the Obama administration’s aggressive tactics in its investigations of leaks.
The collection of call logs is set to expire in July unless the court extends it.
The collection of communications logs — or calling “metadata” — is believed to be a major component of the Bush administration’s program of surveillance that took place without court orders. The newly disclosed order raised the question of whether the government continued that type of information collection by bringing it under the Patriot Act.
