By Justin Rood

Jul 10, 2007 1:12pm

FBI Would Skirt the Law With Proposed Phone Record Program, Experts Say

A proposed new FBI program would skirt federal laws by paying private companies to hold millions of phone and Internet records which the bureau is barred from keeping itself, experts say. The $5 million project would apparently pay private firms to store at least two years’ worth of telephone and Internet activity by millions of Americans, few of whom would ever be considered a suspect in any terrorism, intelligence or criminal matter. The project would involve "the development of data storage and retrieval systems…for at least two years’ worth of network calling records," according to an unclassified budget document posted to the FBI’s Web site. The FBI did not respond to requests for comment for this story. The FBI is barred by law from collecting and storing such data if it has no connection to a specific investigation or intelligence matter. In recent years the bureau has tried to encourage telecommunications firms to voluntarily store such information, but corporations have balked at the cost of keeping records they don’t need.  Click Here for Full Blotter Coverage. "The government isn’t allowed to warehouse the information, and the companies don’t want to, so this creates a business incentive for the companies to warehouse it, so the government can access it later," said Mike German, a policy expert on national security and privacy issues for the American Civil Liberties Union (ACLU).  Before joining the ACLU, German was a veteran FBI undercover counterterrorism agent. "It sounds like it circumvents the law," said Lisa Graves, a former deputy assistant attorney general at the U.S. Department of Justice. Graves is now with the non-partisan Center for National Security Studies. Telecom firms typically retain only 90 days’ worth of customer billing records, for collection purposes. The FBI, however, can ask a firm to refrain from destroying records connected to persons of interest in ongoing investigations for extended periods of time. Last year, with the FBI’s encouragement, U.S. lawmakers wrote legislation that would force telecommunications companies to keep years of its data on the FBI’s behalf regardless of its connection to open investigations, but the legislation never passed. Now, experts say, the bureau has swapped the stick for the carrot by offering to pay millions of dollars to three firms if they will keep the records themselves and allow the FBI instantaneous access to the information if it asks. "It’s a public-private partnership that puts civil liberties to the test," said the ACLU’s German. The FBI does not identify the firms in the document, a budget request to Congress, although it said it already has contracts with them to provide information on their customers. In March, an FBI official identified the companies as Verizon, MCI and AT&T. MCI has since merged into Verizon; neither Verizon nor AT&T immediately responded to requests for comment for this story. The proposed program would apparently build on existing cooperation between the FBI and the phone companies, which has been faulted for violating laws and internal FBI policies. In March, the Department of Justice’s internal watchdog was harshly critical of the FBI’s partnership effort with Verizon, MCI and AT&T, because FBI agents appeared to routinely ignore laws and policies when accessing Americans’ phone records. Even the bureau’s own top lawyer said she found the unit’s behavior "disturbing," noting that when requesting access to phone company records, it repeatedly referenced "emergency" situations that did not exist, falsely claimed grand juries had subpoenaed information and failed to keep records on much of its own activity. Do you have a tip for Brian Ross and the Investigative Team?

User Comments

If the FBI is paying them to keep your records, then the FBI is still guilty as a party to the crime. Works just like paying someone to kill somebody, just because you didn’t pull the trigger doesn’t make you innocent.

Posted by: Patriot 2008 | July 10, 2007, 1:44 pm 1:44 pm

Time to boycott Verizon and AT&T.

Posted by: Patriot 2008 | July 10, 2007, 1:46 pm 1:46 pm

Nice, my tax dollars are being used for the purpose of spying on me.

Posted by: anonymous | July 10, 2007, 2:04 pm 2:04 pm

any one commenting on abc news is automatically added to the fbi list for record keeping welcome to the world of orwell i wonder if they will find any good chocolate cake recipes on the list?

Posted by: short | July 10, 2007, 2:40 pm 2:40 pm

You know, it’s only aproblem if you’re doing something secretive you’re either embarrased by or is criminal. I mean, go ahead, check my internet history, read my emails–there’s nothing there worth getting worried about. If the government then didn’t respect law abiding ‘decent’ people then they’d get us, regardless, with or without these measures in place. The outcry seems to be a lot of paranoia and guilty consciounces trying to squelch any possibility of being exposed. So, I have to ask all those up in arms, what are you hiding?!!

Posted by: dell | July 10, 2007, 2:49 pm 2:49 pm

The direction this country is headed makes me sick. Get ready America, in a few years you won’t have any privacy and probably a serial number tattoo on your forehead.

Posted by: JD | July 10, 2007, 3:09 pm 3:09 pm

Sounds like Cheney is thinking again. “How can I circumvent the law and get information on everyone in America? Right, I’ll get two no bid contracts to two very right wing Republican companies to do the dirty work and therefore I did not break any law.” YOU ARE GUILTY OF CIRCUMVENTING THE INTENT OF THE LAW!! GO TO JAIL!

Posted by: JLW | July 10, 2007, 3:24 pm 3:24 pm

Are we not the Soviet Union (or any other police state)of the 80′s and prior. “Privacy” is now just a slogan and/or a rubber stamp. I am sure that when I went to the library last, someone knew for sure what book I had checked out and how long did I kkep it. We have unleashed a monster (FBI) and now that monster has turned on us. There’s no more Soviet Union to go after and ;therefore, now it’s the American people they must go after on the guise of terrorism. We have SECRET COURTS who can give the ok to spy on us without probable cause now (I thought courts were for the people). We are certainly no a democracy, we run out and get cheated out of votes to get self serving clowns in the office who claim to solve America’s problems in 4 years and then say, “Up yours!!” once they get in office. It’s a dictatorship for sure. Our dictator isn’t just one man, but a system who CLAIMS it represents the people. Welcome to USSR 2007 (United States Soviet Republic).

Posted by: Rudy Boykins | July 10, 2007, 3:25 pm 3:25 pm

This is disturbing. When a government is given too much police power, even for ostensibly correct reasons, it creates the potential for corrupt individuals or cabals to exploit these advantages for political advantage. This is why we have limited government powers.

Posted by: rob | July 10, 2007, 3:41 pm 3:41 pm

so the gov’t is using our tax money to spy on us. sounds great.

Posted by: bob | July 10, 2007, 3:51 pm 3:51 pm

I noticed I had to click on “Remember personal info?” is that for sale too. Wake up America, and see what is happening all around you. Bit by bit what used to be is being whittled away, in the name of patriotism, and fear. You’ve been had.

Posted by: ron | July 10, 2007, 3:52 pm 3:52 pm

God bless democracy. You have the right to have your phones tapped without warrants any more, your library books are being watch to see what your taking out, the media is further restricted in what they can say and the major networks give into corporate pressure to restrict views that do not go with their policies. Your travel restrictions have been increased and your passport has been altered to that you can be tracked the world over. Your house can be invaded by any armed and non-armed people, again without warrant, you can be held for questioning for years without access to a lawyer, you can be called a terrorist if you speak up against the “establishment” and be tainted a “traitor” for just speaking up in opposition. You have the right to not ignore the laws of the land but your president CAN when ever he feels like it. WELCOME TO NEW AMERICA FOLKS – THE LAND OF TRUE DEMOCRACY.

Posted by: Jazz_jeff | July 10, 2007, 3:58 pm 3:58 pm

I pay taxes that go to the FBI so that they can hire a private company to spy on me. The private company then uses my tax dollars to fund their lobbyists to influence lawmakers into passing legislation that only serves to rip me the consumer off in the marketplace.
Capitalism.
Ahhh, yes, now I get it!

Posted by: Dennis | July 10, 2007, 4:17 pm 4:17 pm

Awesome plan! Who cares!!! They can keep my phone and internet records…they can do whatever they want to protect my safety. America, suck it up!!!!!!!! If you are not breaking the law, whats the big deal?? I don’t care if they listen to my conversations or record my internet browsing. Don’t act suspect and you have nothing to worry about!!!!!!!

Posted by: Michael | July 10, 2007, 4:20 pm 4:20 pm

You can’t run an opposition campaign from Guantonomo Bay. To the folks who say “go ahead, I’m not doing anything wrong”, I say look around you. In countless nations, those in power use these capabilities to remain in power. The laws are passed to catch the terrorists, and then are turned against dissenters. And who are they? Anyone the government perceives as a threat to its power. To a Republican, perhaps Democrats need to be spied upon, or locked away. To a Democrat, maybe its all Rush Limbaugh listeners. Legal weapons are always used in ways the original legislators never intended. One day, the government will mark as “terrorists” all those who want to remove those in power from office. You can’t run an opposition campaign from jail.

Posted by: David | July 10, 2007, 4:25 pm 4:25 pm

Dell said: You know, it’s only aproblem if you’re doing something secretive you’re either embarrased by or is criminal.
OK, let’s go with that. Cheney and Bush should waive all executive priviledge and tell Congress exactly what is going on with this domestic spy program. After all, it only a problem if it is against the law, right?

Posted by: Broken | July 10, 2007, 4:31 pm 4:31 pm

A lot of you commenting on this are taking this too lightly. Every day our system is getting more and more corruptable, and it is getting time–hell, it is past time–that we citizens act and stand up to this socialist, fascist or whatever we are becoming, and take this country and our government back. Don’t read this and shake it off. I’m serious folks. This country went to HELL years ago.

Posted by: Guy McKoon | July 10, 2007, 4:35 pm 4:35 pm

There have always been bad guys of ALL political persuasions. These constitutional rules are here to assure that no side has an unfair advantage over the other. Although politics is NOT a game, the neutral referee (the courts, the Constitution) favor neither side. Shrub and Co. are trying to block the Ref’s view. Flag on the play!

Posted by: rob | July 10, 2007, 4:37 pm 4:37 pm

“If you are not breaking the law, whats the big deal?? I don’t care if they listen to my conversations or record my internet browsing. Don’t act suspect and you have nothing to worry about!!!!!!!”
So what does GWB, Osama Ben Cheany, and, Gonzales hae to hide!!!???? If you are not breaking the law, whats the big deal??
This is the voice of tyrany sir!!!!! Get outta my country!!!

Posted by: Steven | July 10, 2007, 4:41 pm 4:41 pm

If you call known terrorists around the globe (or domestically), visit websites that are known as websites that terrorists use to communicate, do other suspicious activity with your phone or computer, you should be worried about this plan. If you have nothing to worry about, you have nothing to worry (or complain) about.
The same people that are crying in this blog about the government’s policies are the same exact people that would be blaming the government if another attack happens on our soil.
I understand and accept the need for my tax dollars to be spent on programs that are designed to keep me, my family, and even the ACLU safe.
The records are already there, this program would just keep them on file in case our government needs them after the time period they would have normally been destroyed.
My privacy is not worth the lives of those that can be saved by programs like this. Giving up a very small portion of my privacy is worth catching the bad guys.
This is what Big Brothers are supposed to do…. keep the little brothers and sisters safe.

Posted by: Nothing To Worry About | July 10, 2007, 5:01 pm 5:01 pm

To those who say “if you have nothing to hide you have nothing to worry about” It’s not about hiding anything, it’s about protecting our privacy. If we give the Govt. the right to do this, what’s next? Pretty soon they’ll want to install video cameras in each of our houses to make sure we’re not constructing bombs. Would you say the same thing then? If so, move to a dictatorship so that reasonable people like myself can maintain our democracy and our rights.

Posted by: p | July 10, 2007, 5:21 pm 5:21 pm

During World War II, Dutch citizens had to keep their window curtains open to the world at night, to demonstrate that no secret meetings or other activities the Nazis wouldn’t like were going on. It it STILL their custom to do so. Paranoia does not wear off easily.

Posted by: castelyn | July 10, 2007, 6:02 pm 6:02 pm

“Through history, tyranny has not always foamed at the mouth. In the beginning, it often wears an earnest, sincere face. Eventually, though, it begins to harp incessantly about threats and enemies; it comes to treat dissent as treason, and civil libirty as an unwise luxury.
“Our nation’s founders had lived through such a sequence of tyranny. That’s why they were at pains to fashion elaborate checks on the chief executive’s power; they saw power’s innate tendency to view whatever it wants to do as just, necessary, and subject to no outside control.”

Posted by: Texas | July 10, 2007, 6:04 pm 6:04 pm

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”
–Benjamin Franklin, Historical Review of Pennsylvania, 1759

Posted by: BK | July 10, 2007, 6:12 pm 6:12 pm

I don’t want the money spent on this method if it does not work. Put in the system for a small test immediately. Start with the executive branch and see if all messages are available for Congress to review or whether some messages disappear. If they disappear, then Congress should not approve the money for a system for everyone not in the White House.

Posted by: MikeMo1947 | July 10, 2007, 6:29 pm 6:29 pm

Problem with all this, all that, and the other is pointless. I think the meat of this article is, once again, ABC IS GIVING OUT SECRET INFORMATION IN ORDER TO GARNER RATINGS.
That’s all this is. I got no problem with my phone records being reviewed, kept by a law inforcement agancy. I take issue to a news orgaization making the determination to release “Secrets” for the sake of ratings.

Posted by: SlipSter01 | July 10, 2007, 6:44 pm 6:44 pm

Actually thats its not true that if your innocent oyu have nothing to hide. Thats a fallacy that many in the former soviet empire found out the hard way. Thats not to mention those that had the hand of the stasi or the nazis before them. We have become complacent, but the fact remains that the government is not always a benificient entity.
Perhaps german ancestry becomes illegal today, or being a relative of a former nazi becomes a death penalty offense, perhaps your child recevices a random spam email from an al qaida linked group. They could round you up for being associated with those groups. They could wisk you to gitmo or any other black site, and noone in your family, or normal government would have any knowledge of it.
Privacy is a primary right. The government has no need to look into the records, communications, or intentions of free citizens. We have documented, repeated proof, that once that pillar of freedom is broken down, the rest are soon to follow.

Posted by: david b | July 10, 2007, 8:08 pm 8:08 pm

another reason to fear this is ot look at the government that we just toppled in iraq. Saddham used similar tactics to find his political rivals. One day your talking bad about bush.. or your talking him up to someone in your family.. perhaps the opposition feels that they need to eliminate a few key votes in your area and decide to have you shot.
Far fetched.. sure.. but its happenned in other countries, and I would put it past the fanatics of bush/cheney character to do something along those lines. Maybe they wouldnt have you shot, but having all your credit cards denied and your bank refinance your mortgage to a not so friendly rate would get the point across.
privacy is a tool to keep the government from abusing its powers over its citizenry. We must keep it intact.

Posted by: dvid b | July 10, 2007, 8:12 pm 8:12 pm

To those who say “Who cares if they keep my info” I have a few words for you. You think you are safe and that you do not pose a threat with your activities. Since they have your info, the moment you oppose anything that the “government” want to pass, it is too easy to use anything against you…even modified information. It is another civil liberty that is removed from my children’s rights, and one day when you wake up you will find you have no rights. Period, end of story. You pay your taxes, you vote, you are a good American, but if you do not “live up to” their idea of what they want our country to be, you are now the enemy. Your ignorance and your lack of action will cost ALL OF US our country.

Posted by: Christopher M Kane | July 10, 2007, 9:26 pm 9:26 pm

The ntent of the database is to skirt the law. Doesn’t matter if DoJ or contractors manage it: Same illegal acdtivity.
Shut down DoJ Funding. Zero-out their budget.

Posted by: Anon | July 10, 2007, 10:05 pm 10:05 pm

Nothing to worry about if there’s nothing to hide???
Bush believes he can lockup anyone-
Don’t like the war, don’t like his immigration plans, maybe your child was left behind, maybe you’re a democrat! Look out! You could wake up on the wrong end of Cuba!

Posted by: born_7-4 | July 10, 2007, 10:18 pm 10:18 pm

I wonder if those who claim they have nothing to hide goes to the bathroom with the door open? changes their tampons with one leg hiked on a restaurant chair? and has hot monkey love on playgrounds in the middle of the day? I bet they have some things they would prefer to “hide.”

Posted by: lmwilker | July 11, 2007, 7:48 am 7:48 am

Get Congress together on impeaching Bush and Cheney. Call Bush and tell him adios.

Posted by: eric | July 11, 2007, 8:18 am 8:18 am

next it will be our right to own and bear arms so that we will not be able to stop the tyranny of our government

Posted by: nelson bass | July 11, 2007, 10:14 am 10:14 am

The far right Constitution haters are dancing in the streets.

Posted by: WDRussell | July 11, 2007, 10:29 am 10:29 am

I am a standing declarant for an organization in a lawsuit against a government agency. Many people thought I should not take such action, many people declined to take such a position, out of fear we would be put on a “list”. Maybe I will, maybe I won’t but if people are afraid that they will be spied on or put on “a list” such spying or lists do not even have to be real for them to be effective.

Posted by: HLH | July 11, 2007, 12:46 pm 12:46 pm

To this story one must understand…there is no true privacy as I have learned on this land…this is why the saying has been”if you can’t say anything nice don’t say it” my friend…we are humane but to much has gotten out of control…so we loose our right for good and bad, evil looms in every humane…but discipline, and good teaching doesn’t always correct itself, we have become so overly smart we can’t even tell who is real and who is not…we are in a race war, a religion war, a culture war, and a overseas war…why! I once relied on the Detective, and the Spy for good intent on thy brother, but when its to shift power for another, I do not believe that this populus who breeds…is so powerful that we don’t see, but we have Leaders, followers, and hired help to each of corporations to be the best…why is it that none of us can put our heads together and come to the table with ego’s left outside the door, take your shoes off before crossing the floor, and do like the Japenes, bow your head, speak civilly or this America will loose what we hope for in the aftermath of our Men and Women so far from home…..Drugs, Sex, Corruption at best, it begins in the minds of men…The soldiers who are at home bring this to the forefront so we will know…will it change our votes to come, if we do not wake up there will be nothing left to hold on too, this is just a request. Apache

Posted by: Apachecheynne | July 11, 2007, 12:52 pm 12:52 pm

To those who have nothing to hide and say this sort of intrusion is necessary to maintain our security, I remind you that we are free and have our civil liberties not because everything was OK, but because we declared it so, and took those rights. We learned about that in elementary school.
Since it is our government’s job to do whatever we tell it, I am asking it to keep me safe without taking away the rights upon which our country was founded in the first place. To those who are too afraid, you need to buck up–not me.

Posted by: roy | July 11, 2007, 5:11 pm 5:11 pm

Gee, and none of us saw that coming. I mean, it isn’t like it’s the new standard operating procedure or anything, is it?
What’s that again about fascism being the merging of government and business?

Posted by: smchris | July 11, 2007, 5:29 pm 5:29 pm

Looks like good old nanny government is up to her unethical violations of our civil liberties again. All in the name of Homeland Security…

Posted by: Bob Jones | July 11, 2007, 10:47 pm 10:47 pm

I M P E A C H

Posted by: Pat Burton | July 12, 2007, 1:58 pm 1:58 pm

Apachecheynne – I like the tone of your message very much. It is really hard to discuss issues and solutions on Internet discussion boards. Too many individuals expressing their emotions and not looking beyond their own point of view. It takes many more than two eyes to see things clearly.

Posted by: MikeMo1947 | July 12, 2007, 6:55 pm 6:55 pm

So what if the FBI wants these corporations to keep records. They don’t care about Jim Bob from Alabama’s conversations but, thank goodness, they do care about suspected terrorists and their plans. Terrorists want to kill us. Any means by which they can be stopped is wonderful. Believe me, the FBI doesn’t care if shoes are on sale at Belk’s or that your sister is gonna pick up Katie from ballet. Those corporations aren’t “spying” on anyone but if the FBI wants to check up on a suspected terrorist then we should be grateful that at least someone is trying to keep us safe.

Posted by: Cindi | July 12, 2007, 9:30 pm 9:30 pm

What a bunch of paranoid libs!!! I hope you all remember what your saying when the bad guys attack again. Only this time I hope your mother, your wife, your son/daughter, someone you really care about, is the one that is harmed/killed. Then and only then will you be able to see how rediculous your claims of loss of freedoms will be. You will be the first in line to complain that the government should have known that the attack was coming, but yet you try to deny them the tools that will help them find the bad guys. Maybe if Clinton would have allowed these things to occur we would have known that the terrorists were here and what they were trying to accomplish. You people need to grow up and take a class in common sense, Oh that’s right, colleges can’t find any liberal professors with those credentials!

Posted by: rgeilow | July 13, 2007, 12:17 pm 12:17 pm

i’m pleased to be in the company of somany who want our US Constitution to prevail.
Ya know when Britain and Canada attacked, sacked and burned the White House (now the ‘Dirty House” – time to take out the garbage eh)…back when James Madison was President – he didn’t sack the rights bought and paid for by the Revolution a few years earlier. He didn’t suspend Habeas Corpus, he didn’t call for Big Brother to “listen in” ( i get the feeling there’s an Arlo Gutherie tune here)
…anyways WE the people have the Right and responcibility to see the documents/evidence that promulgated this insane debacle and currently illegal occupation ~ and to the simpletons who think the the Military Commissions Act, and the disembowelment of our sacred US Constitution, and the illegal surveillance / warrentless wire taps is OK well YOU really have no need for liberty. But WE the People DO!
(gaud what dimwits) ‘ i’m not doin nothin wrong, master, so go ahead an spy on me ‘ soooooo ok but just because i know someone who knows someone who knows Mary Poppins, doesn’t mean i’m guilty,???. You see dimwits it works two ways… soon as we Dems/Liberals/gawd4bidAtheists/ are in total power we’ll come listening into your superkalifragilistic little conversations – but we don’t like Expialidocious conversations }}} they are like poison to US !!!= but we’re in power so buh bye off to Stalag 19.

Posted by: Darwin26 | July 14, 2007, 1:59 am 1:59 am

As usual, the media and everyone else as a result is missing the real picture here. The reality is that an FBI agent conducting a LEGITIMATE investigation into, say, a potential terrorist (or, for that matter, any type of criminal enterprise) cell CANNOT ever recreate what phone calls/contacts the subject(s) of that LEGITIMATE, LEGALLY-SUPPORTABLE investigation if the phone company has destroyed the phone records dating back more than six months, or whatever the current industry standard is. Imagine you are an FBI agent charged with protecting the public against another catastrophe and you are trying to figure out where this guy or that guy has been, who he was talking to, and when….and you can’t because the phone companies destroy the records from the pertinent time period.

Posted by: don'tbelievethehype | July 17, 2007, 5:41 pm 5:41 pm

How can I trust those who do not trust me.? I am a patriotic American Nd I love my country. BUT If my leaders do not trust me how can I trust them.?

Posted by: Claude westervelt | July 20, 2007, 10:33 am 10:33 am

do not trust those who do not trust you.

Posted by: Claude westervelt | July 20, 2007, 10:34 am 10:34 am

Our civil liberties are being completely eroded in this country while everyone sits back, distracted by ‘American Idol’ and shopping malls. Sadly, most Americans don’t even realize what their rights are anymore. They think something like this is fine. That is exactly what those who are attacking our liberties want. I asked a friend working in China how they can be Communist and Capitalist at the same time. He looked at me and said ‘what is the difference between the US, really?’

Posted by: Jasn | September 21, 2007, 6:26 pm 6:26 pm

I don’t inderstand why so many Americans are outraged that our country is trying to do its job, and that is to protect us. Please, take a political science class, you have a lot to learn. I certainly believe that a lot of corrupt things happen, but come on; get over yourselves and realize that no one is coming after you or invading your personal information if you are not performing suspicious acts. GIVE ME A BREAK!

Posted by: Lisa | October 24, 2007, 10:42 am 10:42 am

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