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FBI Would Skirt the Law With Proposed Phone Record Program, Experts Say

July 10, 2007 1:12 PM

Fbiwouldskirt_mn 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. 

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"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)

User Comments

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To those who say "if you have nothing to hide you have nothing to worry about" It's not about hiding anything, it's about protecting our privacy. If we give the Govt. the right to do this, what's next? Pretty soon they'll want to install video cameras in each of our houses to make sure we're not constructing bombs. Would you say the same thing then? If so, move to a dictatorship so that reasonable people like myself can maintain our democracy and our rights.

Posted by: p | Jul 10, 2007 5:21:22 PM

During World War II, Dutch citizens had to keep their window curtains open to the world at night, to demonstrate that no secret meetings or other activities the Nazis wouldn't like were going on. It it STILL their custom to do so. Paranoia does not wear off easily.

Posted by: castelyn | Jul 10, 2007 6:02:26 PM

"Through history, tyranny has not always foamed at the mouth. In the beginning, it often wears an earnest, sincere face. Eventually, though, it begins to harp incessantly about threats and enemies; it comes to treat dissent as treason, and civil libirty as an unwise luxury.

"Our nation's founders had lived through such a sequence of tyranny. That's why they were at pains to fashion elaborate checks on the chief executive's power; they saw power's innate tendency to view whatever it wants to do as just, necessary, and subject to no outside control."

Posted by: Texas | Jul 10, 2007 6:04:48 PM

"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."
--Benjamin Franklin, Historical Review of Pennsylvania, 1759

Posted by: BK | Jul 10, 2007 6:12:33 PM

I don't want the money spent on this method if it does not work. Put in the system for a small test immediately. Start with the executive branch and see if all messages are available for Congress to review or whether some messages disappear. If they disappear, then Congress should not approve the money for a system for everyone not in the White House.

Posted by: MikeMo1947 | Jul 10, 2007 6:29:28 PM

Problem with all this, all that, and the other is pointless. I think the meat of this article is, once again, ABC IS GIVING OUT SECRET INFORMATION IN ORDER TO GARNER RATINGS.

That's all this is. I got no problem with my phone records being reviewed, kept by a law inforcement agancy. I take issue to a news orgaization making the determination to release "Secrets" for the sake of ratings.

Posted by: SlipSter01 | Jul 10, 2007 6:44:56 PM

Actually thats its not true that if your innocent oyu have nothing to hide. Thats a fallacy that many in the former soviet empire found out the hard way. Thats not to mention those that had the hand of the stasi or the nazis before them. We have become complacent, but the fact remains that the government is not always a benificient entity.

Perhaps german ancestry becomes illegal today, or being a relative of a former nazi becomes a death penalty offense, perhaps your child recevices a random spam email from an al qaida linked group. They could round you up for being associated with those groups. They could wisk you to gitmo or any other black site, and noone in your family, or normal government would have any knowledge of it.

Privacy is a primary right. The government has no need to look into the records, communications, or intentions of free citizens. We have documented, repeated proof, that once that pillar of freedom is broken down, the rest are soon to follow.

Posted by: david b | Jul 10, 2007 8:08:25 PM

another reason to fear this is ot look at the government that we just toppled in iraq. Saddham used similar tactics to find his political rivals. One day your talking bad about bush.. or your talking him up to someone in your family.. perhaps the opposition feels that they need to eliminate a few key votes in your area and decide to have you shot.

Far fetched.. sure.. but its happenned in other countries, and I would put it past the fanatics of bush/cheney character to do something along those lines. Maybe they wouldnt have you shot, but having all your credit cards denied and your bank refinance your mortgage to a not so friendly rate would get the point across.

privacy is a tool to keep the government from abusing its powers over its citizenry. We must keep it intact.

Posted by: dvid b | Jul 10, 2007 8:12:50 PM

To those who say "Who cares if they keep my info" I have a few words for you. You think you are safe and that you do not pose a threat with your activities. Since they have your info, the moment you oppose anything that the "government" want to pass, it is too easy to use anything against you...even modified information. It is another civil liberty that is removed from my children's rights, and one day when you wake up you will find you have no rights. Period, end of story. You pay your taxes, you vote, you are a good American, but if you do not "live up to" their idea of what they want our country to be, you are now the enemy. Your ignorance and your lack of action will cost ALL OF US our country.

Posted by: Christopher M Kane | Jul 10, 2007 9:26:01 PM

The ntent of the database is to skirt the law. Doesn't matter if DoJ or contractors manage it: Same illegal acdtivity.

Shut down DoJ Funding. Zero-out their budget.

Posted by: Anon | Jul 10, 2007 10:05:50 PM

Nothing to worry about if there's nothing to hide???

Bush believes he can lockup anyone-
Don't like the war, don't like his immigration plans, maybe your child was left behind, maybe you're a democrat! Look out! You could wake up on the wrong end of Cuba!

Posted by: born_7-4 | Jul 10, 2007 10:18:11 PM

I wonder if those who claim they have nothing to hide goes to the bathroom with the door open? changes their tampons with one leg hiked on a restaurant chair? and has hot monkey love on playgrounds in the middle of the day? I bet they have some things they would prefer to "hide."

Posted by: lmwilker | Jul 11, 2007 7:48:54 AM

Get Congress together on impeaching Bush and Cheney. Call Bush and tell him adios.

Posted by: eric | Jul 11, 2007 8:18:48 AM

next it will be our right to own and bear arms so that we will not be able to stop the tyranny of our government

Posted by: nelson bass | Jul 11, 2007 10:14:33 AM

The far right Constitution haters are dancing in the streets.

Posted by: WDRussell | Jul 11, 2007 10:29:03 AM

I am a standing declarant for an organization in a lawsuit against a government agency. Many people thought I should not take such action, many people declined to take such a position, out of fear we would be put on a "list". Maybe I will, maybe I won't but if people are afraid that they will be spied on or put on "a list" such spying or lists do not even have to be real for them to be effective.

Posted by: HLH | Jul 11, 2007 12:46:01 PM

To this story one must understand...there is no true privacy as I have learned on this land...this is why the saying has been"if you can't say anything nice don't say it" my friend...we are humane but to much has gotten out of control...so we loose our right for good and bad, evil looms in every humane...but discipline, and good teaching doesn't always correct itself, we have become so overly smart we can't even tell who is real and who is not...we are in a race war, a religion war, a culture war, and a overseas war...why! I once relied on the Detective, and the Spy for good intent on thy brother, but when its to shift power for another, I do not believe that this populus who breeds...is so powerful that we don't see, but we have Leaders, followers, and hired help to each of corporations to be the best...why is it that none of us can put our heads together and come to the table with ego's left outside the door, take your shoes off before crossing the floor, and do like the Japenes, bow your head, speak civilly or this America will loose what we hope for in the aftermath of our Men and Women so far from home.....Drugs, Sex, Corruption at best, it begins in the minds of men...The soldiers who are at home bring this to the forefront so we will know...will it change our votes to come, if we do not wake up there will be nothing left to hold on too, this is just a request. Apache

Posted by: Apachecheynne | Jul 11, 2007 12:52:57 PM

To those who have nothing to hide and say this sort of intrusion is necessary to maintain our security, I remind you that we are free and have our civil liberties not because everything was OK, but because we declared it so, and took those rights. We learned about that in elementary school.

Since it is our government's job to do whatever we tell it, I am asking it to keep me safe without taking away the rights upon which our country was founded in the first place. To those who are too afraid, you need to buck up--not me.

Posted by: roy | Jul 11, 2007 5:11:20 PM

Gee, and none of us saw that coming. I mean, it isn't like it's the new standard operating procedure or anything, is it?

What's that again about fascism being the merging of government and business?

Posted by: smchris | Jul 11, 2007 5:29:35 PM

Looks like good old nanny government is up to her unethical violations of our civil liberties again. All in the name of Homeland Security...

Posted by: Bob Jones | Jul 11, 2007 10:47:43 PM

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