McConnell admits telecoms helped NSA

By | August 24, 2007, 8:56pm PDT

Summary: Telecoms. The Bush administration couldn’t have conducted warrantless surveillance without them. Director of National Intelligence Mike McConnell admitted as much in an interview this week, The Washington Post reports. “[U]nder the president’s program, the terrorist surveillance program, the private sector had assisted us,” Director of National Intelligence Mike McConnell said in an interview with the El [...]

Telecoms. The Bush administration couldn’t have conducted warrantless surveillance without them. Director of National Intelligence Mike McConnell admitted as much in an interview this week, The Washington Post reports.

“[U]nder the president’s program, the terrorist surveillance program, the private sector had assisted us,” Director of National Intelligence Mike McConnell said in an interview with the El Paso Times published Wednesday.

That’s a shocking acknowledgment because in a lawsuit against AT&T the government has steadfastly refused to admit or deny or even discuss the involvement of the phone companies. Actually there are dozens of suits against phone companies.

In San Francisco, the government wants the suit thrown out because any discussion of the program would endanger national security.

“[D]isclosure of the information covered by this [state secrets] privilege assertion reasonably could be expected to cause exceptionally grave damage to the national security of the United States,” McConnell said in a sworn affidavit filed in a federal court in San Francisco in May.

McConnell’s statement “does serious damage to the government’s state secrets claims that are at the heart of its defenses,” said Greg Nojeim, senior counsel at the Center for Democracy and Technology and an expert on state secrets privilege.

It’s not the first time an administration has attempted to block disclosure of embarrassing information by claiming a state secret. Bruce Fein, an associate deputy attorney general in the Reagan administration, recalled Nixon’s attempt to block the Church Committee hearings on government surveillance of civilians.

“These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts,” he said.

The administration wants Congress to grant the telecoms immunity from the suits.

“If you play out the suits at the value they’re claimed, it would bankrupt these companies,” McConnell said.

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Richard Koman

http://government.zdnet.com/?page_id=3731

Biography

Richard Koman

Richard Koman is an attorney admitted to practice in California. As a technology writer since the mid-1980s, Richard Koman has documented the role of computing in the transformation of the graphic arts, the growth of the Web and the birth of the peer-to-peer phenomenon. He worked as a book and web editor for O'Reilly Media throughout the 1990s, editing several influential websites and numerous best-sellers. As a lawyer, as well as a tech writer, he brings a unique perspective to the blog's intersection of law, government and technology.

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legality irrelivent
Altotus 28th Aug 2007
The telecoms were built around this concept. This is the long standing policy and legality is irrelevant as the organization is not part of law enforcement and never will be so its moot to discuss law. There is no venue for this. This has been the way for a very long time and laws do not exist where the security of the world is at stake.
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IT IS STILL ILLEGAL
NATIONAL-SECURITY-4-US 27th Aug 2007
To simply target innocent AMERICAN CITIZENS is a crime - this vast dragnet or fishing expedition yeilded no PRODUCTIVE RESULTS
it COST THE AMERICAN TAXPAYERS' in more ways then one...Our so-called INTELLIGENT COMMUNITY should be able 2 do their job without circumventing the system & breaking the laws 2 justify any means that have no ends...
Maybe if these people spent more time on the streets instead of in their air-conditioned offices - by merely thinking up some unrealistic scenarios -- their efforts may be better suited if they their put THEIR THOUGHTS INTO WORDS & THEIR WORDS INTO ACTIONS -- by finding these people & HUNTING THEM DOWN all those who want 2 do AMERICA HARM...
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legality irrelivent
Altotus 28th Aug 2007
The telecoms were built around this concept. This is the long standing policy and legality is irrelevant as the organization is not part of law enforcement and never will be so its moot to discuss law. There is no venue for this. This has been the way for a very long time and laws do not exist where the security of the world is at stake.
0 Votes
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Telecoms involvement goes back decades
jpgeorgia 27th Aug 2007
This is not news. And it certainly isn't shocking. Telecoms and the government have been cooperating for decades.

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