CCIA Concerned About Scope, Wisdom, and Legality of Government Phone Surveillance
6/6/2013
A document leaked to
the news media indicates government agencies requested records about every
Verizon customer over at least a three- month period using a controversial
power sanctified by secret court order. The order demanded that Verizon turn
over metadata that includes what phone number was called, what number initiated
the call, for how long, and potentially where the phone was located.
Americans and public
interest groups are expressing outrage at the broad scope of the order that
likely goes beyond any previous government surveillance known to the public.
What is still not known is whether the scope of the order included both
business and individual customers, whether it included the location of the
phone at the time of the call, and whether this one order is merely the tip of
an even more massive surveillance iceberg.
While the
Computer & Communications Industry Association certainly understands the
goal of investigating terrorism, it has long been concerned about any
government having the ability to demand such broad access to the electronic
records of the customers of companies in our industry. The following can
be attributed to CCIA President & CEO Ed Black:
“This far-reaching
surveillance of phone customers highlights a dangerous inflection point in our
country’s history. While there is much we do not know, what we do know
indicates these laws, and their interpretations challenge our nation’s
principles and ideals of freedom and liberty. Whether technically
following the letter of the constitutionally suspect laws or not, top officials
in national security and law enforcement bureaucracy need to take
responsibility and come clean with the American people. And hopefully
they or their successors will provide the leadership necessary to curtail such
sweeping intrusions on our privacy and liberty in the future. The secrecy
surrounding the entire process, especially the lack of due process inherent in
the gag order process, is incompatible with a well functioning free and open
society.
"Last night's
revelation is simply the latest in an apparently never-ending series of stories
that show us that the agencies responsible for surveilling Americans cannot be
blindly trusted with the keys to the castle. The current laws that govern
access to modern telecommunications are woefully out of date and subject to
abuse without meaningful boundaries and independent oversight able to protect
the fundamental rights of citizens.
“Those legislators
trying to fix the problem are constrained in doing so. Senators Wyden and Udall
should be applauded for the warnings they've been giving about this provision
of the PATRIOT Act. As they know, secret laws with secret interpretations are
not a foundation for good governance and enduring freedom. We hope they
and others also share our concern that the expansion of surveillance powers
over Internet activity is a future course we must avoid.
The following may be
attributed to CCIA Public Policy & Regulatory Counsel Ross Schulman:
“Congress must take this moment to institute some
control and reign in what is swiftly becoming a surveillance state. They should
start by passing the ECPA reform bill already unanimously passed by
the Senate Judiciary Committee. They should also deal with the anti-democratic
practice of the administration having its own secret interpretations of laws,
and ensure that judicial review provides a meaningful check and balance on
zealous enforcement agencies."