On Wednesday, The Guardian released a classified court order requiring Verizon to turn over records of all domestic phone calls to the National Security Agency. The revelation has led to a renewed debate over the legality and policy merits of indiscriminate government surveillance of Americans.
So what has the government been doing? And how will the program affect ordinary Americans? Read on to find out.
So the government is listening in on all my phone calls?
No. At least, that’s not what the document obtained by The Guardian shows. The court order, issued by the secret Foreign Intelligence Surveillance court, only sought metadata — a fancy word for information like what numbers you called, what time you made the calls, and how long the calls were. The order does not seek the audio of calls.
Of course, it’s possible the NSA has other programs collecting the contents of calls. In 2006 a whistleblower reported the existence of a secret, NSA-controlled room in an AT&T switching facility in San Francisco. So it’s possible the NSA is using rooms like that to listen to everyone’s phone calls. But all we know for sure is that the NSA has been requesting information about our phone calls.
I’m not a Verizon customer. Does that mean I’m safe?
Probably not. We only have proof of spying on Verizon customers, but it’s hard to imagine the NSA limiting its surveillance program to one company. There are probably similar orders in effect for AT&T and CenturyLink, the other major telephone companies.
The order may only pertain to Verizon’s wired telephony business, as Verizon Wireless is technically a separate subsidiary. But the order includes hints that the NSA is also collecting information from cellular customers. In addition to phone numbers and call times, the order seeks information about the specific cell phone tower the customer used to connect to the network during each call.
It wouldn’t make much sense to request that information from a traditional wired telephone company. So its inclusion suggests either that the order includes Verizon Wireless, or that it’s boilerplate that is also being sent to wireless companies.
So the NSA is collecting information about my location as well as who I’ve called?
It appears so. Cellphones make calls using the closest tower. So if the NSA knows you made a call using a specific tower, they can safely assume you were near that tower at the time of the call. The accuracy of this information varies. In urban areas, tower information can pin down your location to a specific city block or even a specific building. In rural areas, it might only identify your location within a mile or two.
It’s hard to be sure since both the details of the program and legal rulings on it are secret. But civil liberties groups argue the program exceeds the powers Congress has granted to the executive branch, and that such a broad surveillance program is inconsistent with the Fourth Amendment.
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The Liberty Report Take: This is a clear violation of the United State’s citizens Fourth Amendment. Here is a quick refresher of what that says for the good people at the Washington Post:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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