Obama administration defends phone record seizure, does not confirm Verizon report

Under a top-secret court order issued in April, Verizon is required to hand over the phone records of some American customers to the National Security Agency. NBC's Chuck Todd reports and NBC counterterrorism analyst Michael Leiter discusses the implications.

By Matthew DeLuca and Alastair Jamieson, NBC News

 

An Obama administration official defended the policy of gathering phone records from American citizens while neither confirming nor denying a report that the National Security Agency is collecting information regarding communications by Verizon customers.

Such information has been “a critical tool in protecting the nation from terrorist threats,” a senior Obama administration official said.

While not confirming any particulars of the report, the administration official said that data such as that described in the article “allows counterterrorism personnel to discover whether known or suspected terrorists have been in contact with other persons who may be engaged in terrorist activities, particularly people located inside the United States.”

Getty Images file

This undated photo provided by the National Security Agency (NSA) shows its headquarters in Fort Meade, Maryland.

 

The practice was first revealed by the British newspaper The Guardian on Wednesday, which obtained and published a highly classified court order that requires the production of “telephony metadata” by the telecommunications giant.

The order, marked "Top Secret" and issued by the U.S. Foreign Intelligence Surveillance Court, instructs Verizon Business  Network Services, a subsidiary that provides internet and telecommunications provider for corporations, to hand over data including all calling records on an "ongoing, daily basis.”

“On its face, the order reprinted in the article does not allow the government to listen in on anyone’s telephone calls,” the official said.

The White House, NSA, Department of Justice, and Federal Bureau of Investigation have issued no formal comment on the report or purported practices described in it.

Signed by Judge Roger Vinson of the U.S. Foreign Intelligence Surveillance Court in April, the order requires the “production of certain call detail records,” and is set to expire on the evening of July 19, 2013. The order pertains to information including the phone numbers making and receiving the call, as well as the time the call was made and how long it lasts. It does not include the “name, address, or financial information of a subscriber or customer,” according to the order.

The order “does not require Verizon to produce telephony metadata for communications wholly originating and terminating in foreign countries,” according to the document.

Verizon said it had no comment Wednesday on the accuracy of the story published by the Guardian or the document the report was based on, the company’s chief counsel Randy Milch said in note sent to the company’s employees.

“Verizon continually takes steps to safeguard its customers’ privacy,” Milch said in the note. “Nevertheless, the law authorizes the federal courts to order a company to provide information in certain circumstances, and if Verizon were to receive such an order, we would be required to comply.”

The disclosure of the order, which has not been independently verified by NBC News, comes after the Obama administration has taken fire for a Justice Department subpoena of Associated Press phone records.

Attorney General Eric Holder told NBC News Wednesday that he has no intention of stepping down from his job despite calls by some congressional Republicans for his resignation, citing the AP seizure.

Senator Jeff Merkley, a Democrat from Oregon, called the collection of call data as described in the Guardian report “an outrageous breach of Americans’ privacy” in a news release Thursday. “This bulk data collection is being done under interpretations of the law that have been kept secret from the public. Significant FISA [Foreign Intelligence Surveillance Act] court opinions that determine the scope of our laws should be declassified.”

Republican Senator Rand Paul of Kentucky called the surveillance of Verizon phone records described in the report “an astounding assault on the Constitution.”

Not every lawmaker agreed. Senator Lindsey Graham defended Holder when the attorney general was questioned before the Senate Appropriations Committee on Thursday, saying that he is a Verizon customer.

“It doesn’t bother me one bit to have the government have my phone number,” Graham said. “The consequences of taking these tools away from the government by the people would be catastrophic.”
Holder said he could not discuss the report regarding NSA information gathering in an open hearing.
Senator Dianne Feinstein said the issue of ordering such records has been “widely debated” on the floor of Congress and in the intelligence committee in the past. “So this is simply, it’s renewed every three months,” she said. “They must go into court and this is that renewal.”

 

Verizon had 98.9 million wireless customers at the end of the first quarter this year, according to an earnings report released in April, as well as about 11.7 million residential and 10 million commercial lines. It is not clear whether other parts of Verizon might have received similar orders. The order explicitly prohibits any person from disclosing that the NSA or FBI Investigation has sought records under the order.

 

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“Now that this unconstitutional surveillance effort has been revealed, the government should end it and disclose its full scope, and Congress should initiate an investigation,” Michelle Richardson, legislative counsel for the American Civil Liberties Union, said in a statement. “This disclosure also highlights the growing gap between the public’s and the government’s understandings of the many sweeping surveillance authorities enacted by Congress.”

The law on which the order explicitly relies is the "business records" provision of the USA Patriot Act.

Senators Ron Wyden of Oregon and Mark Udall of Colorado, both Democrats on the Senate Intelligence Committee, said in a March 2012 letter to Attorney General Eric Holder that most Americans would “stunned to learn the details of how these secret court opinions have interpreted section 215 of the Patriot Act.”

“As we see it, there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows,” the senators wrote in the letter. “This is a problem, because it is impossible to have an informed public debate about what the law should say when the public doesn’t know what its government thinks the law says.”

Former vice president Al Gore called the practices described in the order “obscenely outrageous” in a message posted on Twitter Wednesday night. “In digital era, privacy must be a priority,” Gore wrote. “Is it just me, or is secret blanket surveillance obscenely outrageous.”

The order is the first concrete evidence that U.S. intelligence officials are continuing a broad campaign of domestic surveillance that began under President George W. Bush and caused great controversy when it was first exposed, according to Reuters.

NBC News' Chuck Todd and Peter Alexander and the Associated Press contributed to this report.