DoJ Threatens Maine PUC Over NSA Inquiry TelecomWeb The U.S. Department of Justice (DoJ) has warned Maine regulators to back off from investigating Verizon Communications' alleged involvement in a controversial National Security Agency (NSA) telephone-call surveillance program, lest there be legal consequences.
In considering whether to take up a May request from 21 state citizens regarding the scandal, the Maine Public Utilities Commission (PUC) heard from the DoJ, which asked the regulator to decline the inquiry for a variety of statutory, national-security and classified-information reasons. The feds don't appear to exactly threaten a lawsuit against the state regulator; but official, citizens' and media reports suggest the warning is indeed being taken as a legal threat. "We sincerely hope that, in light of governing law and the national security concerns implicated by the requests for information, you will decline to open an investigation and close these proceedings, thereby avoiding litigation over the matter," said the July 28 letter from Peter D. Keisler, an assistant attorney general. In early May, James D. Cowie and 21 other people filed a complaint against Verizon Maine and petitioned for a Maine PUC investigation of the carrier's alleged connection with the NSA's purported warrantless domestic wiretapping program. The regulator at the time said Maine law requires it to investigate complaints against a utility if a petition involves at least 10 of the utility's customers. The commission is scheduled to consider the matter for a vote Aug. 7. The DoJ says federal law pre-empts the state on the matter. It also cites the illegality of unauthorized sharing of classified documents and existing court cases against NSA and telcos as reasons why the Maine PUC should not open an investigation. Verizon, which clearly has been seeking to stem the state regulator's possible inquiry, isn't even in a legal position to comply with the state due to security statutes, according to the DoJ. The Maine PUC won't comment on the DoJ position, although the posture of the commission and its members would be expected at the session next Monday. PUC spokesman Phil Lindley declined comment on the DoJ's arguments because they involve a pending case. News reports suggest the DoJ has angered the petitioners, while the state Public Advocate's Office has questioned the propriety of the DoJ warning. "The federal Department of Justice is trying to kill the proceeding even before it begins, and I don't think that's proper," said Wayne Jortner, senior counsel in the Maine Public Advocate's Office. Shenna Bellows, executive director of the Maine Civil Liberties Union, reportedly accused Justice of attempting to intimidate state regulators. In similar cases that have surfaced in such states as New Jersey and Missouri surrounding unconfirmed news reports on telcos and the NSA, the DoJ has filed lawsuits to prevent the disclosure of information. Vermont regulators have considered inquiries into Verizon and AT&T, both of which won't confirm or deny the reports. The Administration - through congressional testimony by DoJ, NSA and Central Intelligence Agency (CIA) officials - has been attempting to stem House and Senate inquiries, especially the possibility of telco executives being sworn in as witnesses. --------------------------------------------------------------------- Duane Whittingham (N9SSN) - Producer Tom and Darryl Radio Shows Heard on C-Band Analog Satellite (W0KIE) - Telstar 6 (IA6) Ch 1 6.2/6.8 mHz Also on WTND-LP Macomb 106.3 FM, WQNA 88.3 FM, WBCQ 7415 kHz & the Internet. Heard Fridays 9pm ET, Sundays 12am ET and Tues 2am ET (Folk) An Independent Freeform Eclectic Radio Show. http://www.tomanddarryl.org http://www.wtnd.us Reply with a "Thank you" if you liked this post. _____________________________ MEDIANEWS mailing list [email protected] To unsubscribe send an email to: [EMAIL PROTECTED]
