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FCC Member Voices Concern on Wiretaps

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From the Associated Press

The Federal Communications Commission should investigate whether phone companies are violating federal law by providing calling records to the National Security Agency as part of an anti-terrorism program, a commission member said Monday.

“There is no doubt that protecting the security of the American people is our government’s No. 1 responsibility,” Commissioner Michael J. Copps, a Democrat, said in a statement. “But in a digital age where collecting, distributing and manipulating consumers’ personal information is as easy as a click of a button, the privacy of our citizens must still matter.”

USA Today reported last week that AT&T; Corp., Verizon Communications Inc. and BellSouth Corp. had begun turning over tens of millions of phone records to the NSA after the spy agency requested the records shortly after the Sept. 11 attacks. The paper reported that the NSA was building a large databank to analyze calling patterns.

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Denver telecommunications company Qwest said it had refused to cooperate with the NSA after determining that doing so would violate privacy law.

On Monday, BellSouth issued a statement that it had found no contract to provide phone records to the NSA and had not been providing customer calling records to the agency.

“Based on our review to date, we have confirmed no such contract exists and we have not provided bulk customer calling records to the NSA,” the regional Bell based in Atlanta said.

Spokesmen for AT&T; and Verizon said Monday night that they had no comment on BellSouth’s statement. Verizon spokesman Bob Varettoni referred to a statement the New York company issued Friday that said it didn’t “provide any government agency unfettered access to our customer records or provide information to the government under circumstances that would allow a fishing expedition” for possible criminal activities.

Last week, Verizon said it had complied with relevant laws. San Antonio-based AT&T; said it respected customers’ privacy but had “an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare.”

The New York Times reported in December that the NSA was eavesdropping on electronic communications in the U.S. and abroad involving suspected Al Qaeda members and operatives.

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President Bush, though not discussing details of any NSA programs directed at detecting terrorism plots, has maintained that the initiatives he has authorized are within the law.

When the NSA developed the programs it was under the direction of Air Force Gen. Michael V. Hayden, now Bush’s choice to replace Porter J. Goss as head of the CIA. Hayden’s confirmation hearings begin Thursday.

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