Washington, DC: A NEWSWEEK poll, released this weekend revealed that 53 percent of Americans think the NSA’s surveillance program “goes too far in invading people’s privacy.” The poll follows a USA Today article, printed last week, which revealed that the National Security Agency (NSA) has been secretly collecting the phone records of millions Americans. Representative Edward J. Markey (D-MA) the Co-Chair of the Privacy Caucus has called the state of consumer privacy a “privacy crisis.” Today Representative Markey sent a letter to the Chairman of the Federal Communications Committee (FCC) requesting further information about whether or not the disclosure by the nation’s largest telecommunications carriers, AT&T, Verizon, and BellSouth, of private consumer information to the NSA constitutes a violation of the Communications Act.
“The Bush Administration says this program of sweeping up phone call data of tens of millions of Americans who have nothing to do with Al Qaeda is ‘narrowly defined,’ but it appears this electronic driftnet over our homes is only ‘narrowly described,’” Rep. Markey said.
The letter sent today from Rep. Markey to the Chairman of the FCC stated: “As you know, Section 222 of the Communications Act of 1934 (47 U.S.C. 222) contains prohibitions on the disclosure of such information by telecommunications carriers. Specifically, Section 222(a) states the following: ‘In General – Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by a telecommunications carrier.’ (Emphasis added.) “The revelation that several telecommunications carriers are complicit in the NSA’s once-secret program, raises the question as to whether these carriers are in violation of Section 222 of the Communications Act and the Commission’s regulations implementing that section. As you know, one of the principal purposes of Section 222 is to safeguard the privacy of telecommunications consumers. I am aware of no exception in that statute or in the Commission’s regulations for ‘intelligence gathering purposes,’ or any other similar purpose, that would permit the wholesale disclosure of consumer records to any entity.” Last week, Representative Edward J. Markey, the ranking Democrat on the House Telecommunications and Internet Subcommittee along with all other Democrats serving on the House Energy and Commerce Committee sent a letter to Energy and Commerce Chairman Joe Barton (R-TX) requesting committee hearings on the subject. To date there has been no response from the Committee Chairman. May 15, 2006 The Honorable Kevin Martin Dear Mr. Chairman: I am writing with respect to recent media reports about a massive program at the National Security Agency (NSA) designed to collect the telephone records of millions of Americans. According to these media reports, some of our nation’s largest telecommunications carriers, namely AT&T, Verizon, and BellSouth, are working with that intelligence agency and disclosing to the NSA customer telephone calling information. As you know, Section 222 of the Communications Act of 1934 (47 U.S.C. 222) contains prohibitions on the disclosure of such information by telecommunications carriers. Specifically, Section 222(a) states the following: “In General – Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunications carriers, equipment manufacturers, and customers, including telecommunications carriers reselling telecommunications services provided by a telecommunications carrier.” (Emphasis added.) The revelation that several telecommunications carriers are complicit in the NSA’s once-secret program, raises the question as to whether these carriers are in violation of Section 222 of the Communications Act and the Commission’s regulations implementing that section. As you know, one of the principal purposes of Section 222 is to safeguard the privacy of telecommunications consumers. I am aware of no exception in that statute or in the Commission’s regulations for “intelligence gathering purposes,” or any other similar purpose, that would permit the wholesale disclosure of consumer records to any entity. Also, at least one telecommunications carrier, Qwest, objected to participating in the NSA program. According to reports, it refused because it allegedly believed the program was illegal and violated the Communications Act. I would like to know what the Commission intends to do with respect to probing these apparent breaches of the customer privacy provisions of the Communications Act. Please provide me with a response which outlines the Commission’s plan, in detail, for investigating and resolving these alleged violations of consumer privacy. In the alternative, please provide detailed legal reasoning as to why the Commission believes the NSA program, as described, is not violative of the law or the Commission’s regulations and why the Commission is therefore not taking any enforcement action. I respectfully request a response to this inquiry by close of business on Monday, May 22, 2006. Thank you in advance for your attention to this matter. Sincerely, Edward J. Markey 
Copy of Letter to FCC (96.78 KB), May 15, 2006
Chairman, Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
The Honorable Kevin Martin
May 15, 2006
Page Two
Ranking Democrat
House Subcommittee on
Telecommunications and the Internet
