Spy Agency Sought U.S. Call Records Before 9/11, Lawyers Say

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Spy Agency Sought U.S. Call Records Before 9/11, Lawyers Say

 

June 30 (Bloomberg) -- The U.S. National Security Agency asked AT & T

Inc. to help it set up a domestic call monitoring site seven months

before the Sept. 11, 2001 attacks, lawyers claimed June 23 in court

papers filed in New York federal court.

 

The allegation is part of a court filing adding AT & T, the nation's

largest telephone company, as a defendant in a breach of privacy case

filed earlier this month on behalf of Verizon Communications Inc. and

BellSouth Corp. customers. The suit alleges that the three carriers,

the NSA and President George W. Bush violated the Telecommunications

Act of 1934 and the U.S. Constitution, and seeks money damages.

 

``The Bush Administration asserted this became necessary after 9/11,''

plaintiff's lawyer Carl Mayer said in a telephone interview. ``This

undermines that assertion.''

 

The lawsuit is related to an alleged NSA program to record and store

data on calls placed by rs. More than 30 suits have been

filed over claims that the carriers, the three biggest U.S. telephone

companies, violated the privacy rights of their customers by

cooperating with the NSA in an effort to track alleged terrorists.

 

``The U.S. Department of Justice has stated that AT & T may neither

confirm nor deny AT & T's participation in the alleged NSA program

because doing so would cause `exceptionally grave harm to national

security' and would violate both civil and criminal statutes,'' AT & T

spokesman Dave Pacholczyk said in an e-mail.

 

U.S. Department of Justice spokesman Charles Miller and NSA spokesman

Don Weber declined to comment.

 

Pioneer Groundbreaker

 

The NSA initiative, code-named ``Pioneer Groundbreaker,'' asked AT & T

unit AT & T Solutions to build exclusively for NSA use a network

operations center which duplicated AT & T's Bedminster, New Jersey

facility, the court papers claimed. That plan was abandoned in favor

of the NSA acquiring the monitoring technology itself, plaintiffs'

lawyers Bruce Afran said.

 

The NSA says on its Web site that in June 2000, the agency was seeking

bids for a project to ``modernize and improve its information

technology infrastructure.'' The plan, which included the

privatization of its ``non-mission related'' systems support, was said

to be part of Project Groundbreaker.

 

Mayer said the Pioneer project is ``a different component'' of that

initiative.

 

Mayer and Afran said an unnamed former employee of the AT & T unit

provided them with evidence that the NSA approached the carrier with

the proposed plan. Afran said he has seen the worker's log book and

independently confirmed the source's participation in the project. He

declined to identify the employee.

 

Stop Suit

 

On June 9, U.S. District Court Judge P. Kevin Castel in New York

stopped the lawsuit from moving forward while the Federal Judicial

Panel on Multidistrict Litigation in Washington rules on a U.S.

request to assign all related telephone records lawsuits to a single

judge.

 

Robert Varettoni, a spokesman for Verizon, said he was unaware of the

allegations against AT & T and declined to comment.

 

Earlier this week, he issued a statement on behalf of the company that

Verizon had not been asked by the NSA to provide customer phone

records from either its hard-wired or wireless networks. Verizon also

said that it couldn't confirm or deny ``whether it has any

relationship to the classified NSA program.''

 

Mayer's lawsuit was filed following a May 11 USA Today report that the

U.S. government was using the NSA to monitor domestic telephone calls.

Earlier today, USA Today said it couldn't confirm its contention that

BellSouth or Verizon had contracts with the NSA to provide a database

of domestic customer phone call records.

 

Jeff Battcher, a spokesman for Atlanta-based BellSouth, said that

vindicated the company.

 

``We never turned over any records to the NSA,'' he said in a

telephone interview. ``We've been clear all along that they've never

contacted us. Nobody in our company has ever had any contact with the

NSA.''

 

The case is McMurray v. Verizon Communications Inc., 06cv3650, in the

Southern District of New York.

 

To contact the reporter on this story:

Andrew Harris in Chicago at aharris16

 

Last Updated: June 30, 2006 18:46 EDT