Verizon Refuses to Deny Participation in the NSA Spying Program, Hides Behind Federal Government “State’s Secrets” Privilege
By MCLU
May 19, 2006, 21:33
PORTLAND -- In a 44-page response to the Maine Public Utilities Commission today, Verizon refused to confirm or deny cooperation in the illegal National Security Agency program, arguing that the Public Utilities Commission lacks the authority to investigate whether Verizon has provided NSA access to its customer records and its switching machines in Maine. Verizon further asserted a "state secrets privilege.” The state secrets privilege, when properly invoked, permits the government to block disclosure of particular documents that would cause harm to national security.
“We were surpised to see Verizon make the state secrets argument because only the government, not private entities, can assert that privilege,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. “Use of the state secrets argument indicates that Verizon lawyers may have worked closely with federal government lawyers in drafting a response to the PUC. Both the PUC and Senators Collins and Snowe should proceed with a thorough investigation of Verizon’s actions.”
Following Maine guidelines for complaints directed toward a utility, the Maine Civil Liberties Union had joined James Cowie in organizing a “10 customer complaint” with the PUC. The complaint, which calls on the commission to investigate whether Verizon has allowed the NSA access to customer e-mail and phone communications, was filed on May 8. The complaint questions whether circuits have been installed in any Verizon facilities within Maine to facilitate NSA surveillance and whether the records of Mainers have been included in any data mining samples provided to the NSA. On May 15, the PUC requested that Verizon “address, in its response to the complaint, the extent to which the actions alleged in the complaint and in the USA Today article implicate the privacy rights of Maine telephone service subscribers described by 35-A M.R.S.A. § 7101-A.”
“I’m dumbfounded that this corporation is trying to hide behind the federal government’s state secret privilege,” said James Cowie, MCLU member and lead complainant in complaint case Docket No. 2006-274. “Verizon’s response reads like it came from the government, instead of our local telephone company. I hope Senators Snowe and Collins would be concerned about this as well.”
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