I'm outraged that the Bush Administration is
scrutinizing my phone records without a warrant and without probable cause.
It violates the Shared Storage Act, Section 2703(c). Another section of the same Act provides for a private right of action by phone customers.
In other words, if you have phone service, you don't have to wait for the Democrats to get off their butts; don't have to wait for another day of Snow-jobs and WHite-washes; don't have to wait for another round of Senator Spector's kabuki hearings. You can get on the phone (irony alert) with your service provider today, and demand action.
I started tonight. Follow me below the fold for my experience:
First, Verizon. My wife and I have 2 phones on a Family Plan with Verizon Wireless (VZW). I called their CS number, 1-800-922-0204, and got Carmen.
after she took my info, here's the paraphrased transcript:
ME: I was outraged to read in the USA TODAY that my phone providers are sharing my call histories and quite possibly the contents of those calls with the National Security Agency.
VZW REP: Well, there isn't a statement yet--
ME: I wasn't looking for a press release; I'm a customer, not a reporter. What I want is a categorical guarantee, in writing, that none of my private information or my wife's has been shared in such a illegal manner without a warrant or court order.
VZW REP: I--I think there'll be a statement on that soon. My understanding is, it's Verizon Communications only that's involved in that.
ME: You mean, landlines?
VZW REP: Yes, we're Verizon Wireless...
ME: So, you're telling me that my cellphone records aren't being shared?
VZW REP: As far as I know.
ME: I would still like a written guarantee, and if that's what the forthcoming statement is, than I will await it with great interest. And I would think Verizon proper will want to make it very clear to everyone that only their land-line customers are having their Fourth Amendment rights summarily violated.
Anyway, that's a major piece of info, if it's true--that VZW cell users were not affected. I'm going to wait for the proof, or for corroboration.
Next, it was on to my wonderful landline provider, SBC/AT&T. Called good old 1 800 310 BELL and got thru to one Mary, after 15 minutes of "heavy call volume" messages.
ME: I was outraged to read in the USA TODAY that my phone providers are sharing my call histories and quite possibly the contents of those calls with the National Security Agency. I'd like to--
AT&T REP: Sir, AT&T doesn't comment on matters of litigation or national security
ME: I'm your customer. I want to know what you've done with my call records. Can you give me categorical assurance in writing that you haven't turned them over to the NSA?
AT&T REP: Sir, AT&T does everything within the law with regard to records--
ME: Do they? Your competitor Qwest obviously wasn't convinced. And I'm looking here at 18 U.S.C. Sec. 2703(c). It says you can only disclose my call records with a warrant, with a court order, with my consent, for telemarketing enforcement, or by "administrative subpoena." You have no warrant, no court order, no consent, Al Qaeda isn't direct-marketing satellite TV or home equity loans, and the NSA does not have administrative subpoena authority. Its mission is foreign surveillance, not domestic.
So, no, what you're doing isn't within the law. And Section 2707 of the same Act says I have a private right of action, with damages not less than $1000 per violation. So I have to tell you, if you can't give me the guarantee I'm seeking, I will either start or join a class action lawsuit against you.
AT&T REP: I'm sorry to hear that. We wouldn't have that kind of information here--this is all at a much higher level--
ME: Well, I would agree it sounds like the problem is at the top. So, who do I talk to?
AT&T Rep: Um. I can give you another number, but it's in Texas...or would you like a local one in CA? Do you want someone to call you back from this office?
ME: Look, I really don't care who I talk to, as long as they can confirm in writing that my Constitutional rights aren't being willfully violated by AT&T and the NSA! Who can do that for me?
AT&T REP: Well, let me put you on hold, sir...
There followed a long period of holding and checking back in, first the idea was that I'd get some phone numbers, then finally:
AT&T REP: Sir, sorry for the wait, I'm just waiting for someone to message me back...and looking in my system for an address.
ME: A mailing address?
AT&T REP: yeah--you'd have to write them.
ME: OK. I guess I'm just puzzled that this information is so hard to locate. I mean, you must be getting tons of calls about this.
AT&T REP: No, yours is the first, actually.
ME: Expect more. Do you know what this is about, I mean, personally?
AT&T REP: Well, I heard something about the NSA....but hasn't it always sort of been this way? I mean, they could always look at your records if they need to...
ME (jaw hitting floor): Uh, NO. Are you serious? "They" could always follow the law, get a warrant, go through the Foreign Intel Court--in specific cases. What we're talking about now is the preemptive collection of EVERYONE's phone records, illegally and in secret! What's more, from the computer equipment being used for this, it seems likely that they are also sifting through the content of those conversations.
I'm just an American. I haven't done anything, broken any laws, I'm not connected to Al Qaeda. Why do they need MY phone records??? No, this very definitely isn't "the way it's always been," unless we're talking about the former East Germany or Soviet Russia! It doesn't feel like the same country I grew up in.
Look, I know you aren't personally responsible for any of this, Mary, and I regret making your day harder--my anger isn't directed at you. But let me tell you, you should probably keep that address handy when you finally locate it, because I expect you will be getting a LOT of feedback about this. This is pretty damn serious stuff. People are pissed.
AT&T REP: OK. Well, it isn't coming up in my system...
went back on hold here for a while...
AT&T Rep: OK, you can write to the Regulatory Executive Offices, 140 New Montgomery Street, San Francisco CA 94105
ME: SO this is AT&T's regulatory dept? Is there also a phone number?
AT&T REP: Yes it is, the phone is 800-791-6661. We appreciate your loyalty as an AT&T customer.
ME: Don't bank on that.
I just called the Regulatory Office and they are closed for the evening, as is the NSA:
NSA Public and Media Affairs
Phone: (301) 688-6524
Fax: (301) 688-6198
E-mail: nsapao@nsa.gov
But they will both hear from me tomorrow.
If the rest of you are as frustrated by this unchecked corporate criminality as I am, then I implore you: Pick up a phone, and a pen. Flood the lines. Demand answers. Stick up for your rights as an American. Make 'em sweat. Do it now.
Also: 140 New Montgomery sounds a lot like a real office, as opposed to a maildrop. I wonder if anyone in docile, authority-respecting SAN FRANCISCO would actually show up in person to protest AT&T/SBC shredding our Constitution and selling us out in exchange for a chunk of the new Internet Tollway they're angling for. I wonder if anybody in this God-fearing, terrorist-hating country would actually quit paying AT&T, BellSouth, Verizon, and the other collaborators in favor of companies who support and defend their rights as citizens.
You never know...
The tools are on the table. They're within our grasp. Shall we use them?