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FBI Would Skirt the Law With Proposed Phone Record Program, Experts Say
July 10, 2007 1:12 PM
A proposed new FBI program would skirt federal laws by paying private companies to hold millions of phone and Internet records which the bureau is barred from keeping itself, experts say.
The $5 million project would apparently pay private firms to store at least two years' worth of telephone and Internet activity by millions of Americans, few of whom would ever be considered a suspect in any terrorism, intelligence or criminal matter.
The project would involve "the development of data storage and retrieval systems...for at least two years' worth of network calling records," according to an unclassified budget document posted to the FBI's Web site. The FBI did not respond to requests for comment for this story.
The FBI is barred by law from collecting and storing such data if it has no connection to a specific investigation or intelligence matter.
In recent years the bureau has tried to encourage telecommunications firms to voluntarily store such information, but corporations have balked at the cost of keeping records they don't need.
Click Here for Full Blotter Coverage.
"The government isn't allowed to warehouse the information, and the companies don't want to, so this creates a business incentive for the companies to warehouse it, so the government can access it later," said Mike German, a policy expert on national security and privacy issues for the American Civil Liberties Union (ACLU). Before joining the ACLU, German was a veteran FBI undercover counterterrorism agent.
"It sounds like it circumvents the law," said Lisa Graves, a former deputy assistant attorney general at the U.S. Department of Justice. Graves is now with the non-partisan Center for National Security Studies.
Telecom firms typically retain only 90 days' worth of customer billing records, for collection purposes. The FBI, however, can ask a firm to refrain from destroying records connected to persons of interest in ongoing investigations for extended periods of time.
Last year, with the FBI's encouragement, U.S. lawmakers wrote legislation that would force telecommunications companies to keep years of its data on the FBI's behalf regardless of its connection to open investigations, but the legislation never passed.
Now, experts say, the bureau has swapped the stick for the carrot by offering to pay millions of dollars to three firms if they will keep the records themselves and allow the FBI instantaneous access to the information if it asks.
"It's a public-private partnership that puts civil liberties to the test," said the ACLU's German.
The FBI does not identify the firms in the document, a budget request to Congress, although it said it already has contracts with them to provide information on their customers. In March, an FBI official identified the companies as Verizon, MCI and AT&T.
MCI has since merged into Verizon; neither Verizon nor AT&T immediately responded to requests for comment for this story.
The proposed program would apparently build on existing cooperation between the FBI and the phone companies, which has been faulted for violating laws and internal FBI policies.
In March, the Department of Justice's internal watchdog was harshly critical of the FBI's partnership effort with Verizon, MCI and AT&T, because FBI agents appeared to routinely ignore laws and policies when accessing Americans' phone records.
Even the bureau's own top lawyer said she found the unit's behavior "disturbing," noting that when requesting access to phone company records, it repeatedly referenced "emergency" situations that did not exist, falsely claimed grand juries had subpoenaed information and failed to keep records on much of its own activity.
Do you have a tip for Brian Ross and the Investigative Team?
July 10, 2007 | Permalink | User Comments (50)
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If the FBI is paying them to keep your records, then the FBI is still guilty as a party to the crime. Works just like paying someone to kill somebody, just because you didn't pull the trigger doesn't make you innocent.
Posted by: Patriot 2008 | Jul 10, 2007 1:44:48 PM
Time to boycott Verizon and AT&T.
Posted by: Patriot 2008 | Jul 10, 2007 1:46:18 PM
Nice, my tax dollars are being used for the purpose of spying on me.
Posted by: anonymous | Jul 10, 2007 2:04:48 PM
any one commenting on abc news is automatically added to the fbi list for record keeping welcome to the world of orwell i wonder if they will find any good chocolate cake recipes on the list?
Posted by: short | Jul 10, 2007 2:40:47 PM
You know, it's only aproblem if you're doing something secretive you're either embarrased by or is criminal. I mean, go ahead, check my internet history, read my emails--there's nothing there worth getting worried about. If the government then didn't respect law abiding 'decent' people then they'd get us, regardless, with or without these measures in place. The outcry seems to be a lot of paranoia and guilty consciounces trying to squelch any possibility of being exposed. So, I have to ask all those up in arms, what are you hiding?!!
Posted by: dell | Jul 10, 2007 2:49:55 PM
The direction this country is headed makes me sick. Get ready America, in a few years you won't have any privacy and probably a serial number tattoo on your forehead.
Posted by: JD | Jul 10, 2007 3:09:56 PM
Sounds like Cheney is thinking again. "How can I circumvent the law and get information on everyone in America? Right, I'll get two no bid contracts to two very right wing Republican companies to do the dirty work and therefore I did not break any law." YOU ARE GUILTY OF CIRCUMVENTING THE INTENT OF THE LAW!! GO TO JAIL!
Posted by: JLW | Jul 10, 2007 3:24:08 PM
Are we not the Soviet Union (or any other police state)of the 80's and prior. "Privacy" is now just a slogan and/or a rubber stamp. I am sure that when I went to the library last, someone knew for sure what book I had checked out and how long did I kkep it. We have unleashed a monster (FBI) and now that monster has turned on us. There's no more Soviet Union to go after and ;therefore, now it's the American people they must go after on the guise of terrorism. We have SECRET COURTS who can give the ok to spy on us without probable cause now (I thought courts were for the people). We are certainly no a democracy, we run out and get cheated out of votes to get self serving clowns in the office who claim to solve America's problems in 4 years and then say, "Up yours!!" once they get in office. It's a dictatorship for sure. Our dictator isn't just one man, but a system who CLAIMS it represents the people. Welcome to USSR 2007 (United States Soviet Republic).
Posted by: Rudy Boykins | Jul 10, 2007 3:25:13 PM
This is disturbing. When a government is given too much police power, even for ostensibly correct reasons, it creates the potential for corrupt individuals or cabals to exploit these advantages for political advantage. This is why we have limited government powers.
Posted by: rob | Jul 10, 2007 3:41:33 PM
so the gov't is using our tax money to spy on us. sounds great.
Posted by: bob | Jul 10, 2007 3:51:30 PM
I noticed I had to click on "Remember personal info?" is that for sale too. Wake up America, and see what is happening all around you. Bit by bit what used to be is being whittled away, in the name of patriotism, and fear. You've been had.
Posted by: ron | Jul 10, 2007 3:52:55 PM
God bless democracy. You have the right to have your phones tapped without warrants any more, your library books are being watch to see what your taking out, the media is further restricted in what they can say and the major networks give into corporate pressure to restrict views that do not go with their policies. Your travel restrictions have been increased and your passport has been altered to that you can be tracked the world over. Your house can be invaded by any armed and non-armed people, again without warrant, you can be held for questioning for years without access to a lawyer, you can be called a terrorist if you speak up against the "establishment" and be tainted a "traitor" for just speaking up in opposition. You have the right to not ignore the laws of the land but your president CAN when ever he feels like it. WELCOME TO NEW AMERICA FOLKS - THE LAND OF TRUE DEMOCRACY.
Posted by: Jazz_jeff | Jul 10, 2007 3:58:32 PM
I pay taxes that go to the FBI so that they can hire a private company to spy on me. The private company then uses my tax dollars to fund their lobbyists to influence lawmakers into passing legislation that only serves to rip me the consumer off in the marketplace.
Capitalism.
Ahhh, yes, now I get it!
Posted by: Dennis | Jul 10, 2007 4:17:11 PM
Awesome plan! Who cares!!! They can keep my phone and internet records...they can do whatever they want to protect my safety. America, suck it up!!!!!!!! If you are not breaking the law, whats the big deal?? I don't care if they listen to my conversations or record my internet browsing. Don't act suspect and you have nothing to worry about!!!!!!!
Posted by: Michael | Jul 10, 2007 4:20:13 PM
You can't run an opposition campaign from Guantonomo Bay. To the folks who say "go ahead, I'm not doing anything wrong", I say look around you. In countless nations, those in power use these capabilities to remain in power. The laws are passed to catch the terrorists, and then are turned against dissenters. And who are they? Anyone the government perceives as a threat to its power. To a Republican, perhaps Democrats need to be spied upon, or locked away. To a Democrat, maybe its all Rush Limbaugh listeners. Legal weapons are always used in ways the original legislators never intended. One day, the government will mark as "terrorists" all those who want to remove those in power from office. You can't run an opposition campaign from jail.
Posted by: David | Jul 10, 2007 4:25:41 PM
Dell said: You know, it's only aproblem if you're doing something secretive you're either embarrased by or is criminal.
OK, let's go with that. Cheney and Bush should waive all executive priviledge and tell Congress exactly what is going on with this domestic spy program. After all, it only a problem if it is against the law, right?
Posted by: Broken | Jul 10, 2007 4:31:13 PM
A lot of you commenting on this are taking this too lightly. Every day our system is getting more and more corruptable, and it is getting time--hell, it is past time--that we citizens act and stand up to this socialist, fascist or whatever we are becoming, and take this country and our government back. Don't read this and shake it off. I'm serious folks. This country went to HELL years ago.
Posted by: Guy McKoon | Jul 10, 2007 4:35:17 PM
There have always been bad guys of ALL political persuasions. These constitutional rules are here to assure that no side has an unfair advantage over the other. Although politics is NOT a game, the neutral referee (the courts, the Constitution) favor neither side. Shrub and Co. are trying to block the Ref's view. Flag on the play!
Posted by: rob | Jul 10, 2007 4:37:46 PM
"If you are not breaking the law, whats the big deal?? I don't care if they listen to my conversations or record my internet browsing. Don't act suspect and you have nothing to worry about!!!!!!!"
So what does GWB, Osama Ben Cheany, and, Gonzales hae to hide!!!???? If you are not breaking the law, whats the big deal??
This is the voice of tyrany sir!!!!! Get outta my country!!!
Posted by: Steven | Jul 10, 2007 4:41:36 PM
If you call known terrorists around the globe (or domestically), visit websites that are known as websites that terrorists use to communicate, do other suspicious activity with your phone or computer, you should be worried about this plan. If you have nothing to worry about, you have nothing to worry (or complain) about.
The same people that are crying in this blog about the government's policies are the same exact people that would be blaming the government if another attack happens on our soil.
I understand and accept the need for my tax dollars to be spent on programs that are designed to keep me, my family, and even the ACLU safe.
The records are already there, this program would just keep them on file in case our government needs them after the time period they would have normally been destroyed.
My privacy is not worth the lives of those that can be saved by programs like this. Giving up a very small portion of my privacy is worth catching the bad guys.
This is what Big Brothers are supposed to do.... keep the little brothers and sisters safe.
Posted by: Nothing To Worry About | Jul 10, 2007 5:01:57 PM
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