OLYMPIA - State regulators are considering a possible probe into whether phone companies in Washington are secretly providing customer calling information to the National Security Agency. The American Civil Liberties Union of Washington has asked the commission to investigate whether the NSA is routinely getting information about who calls whom. The state attorney general's office is also urging the commission to look into the issue.
"I'm quite sure there's no way the commission can collect the relevant information," David Carpenter, a Chicago lawyer representing AT&T Inc., told commissioners at a hearing Wednesday. "There are federal prohibitions on the disclosure of classified state secrets."
Doug Klunder, director of the state ACLU's privacy project, said there's a way around the state-secrets issue. He said the commission should simply ask phone companies whether they have provided calling records to any third party. Gregory Romano, general counsel for Verizon Communications Inc., said the company cannot confirm or deny participation in a classified NSA program. Yet in a statement issued May 16, Verizon listed the company's major businesses - wireless, landline phones, long-distance service, Internet and directories - and said: "None of these companies - wireless or wire-line - provided customer records or call data." Verizon's statement also disputed allegations that even simple cross-town calls are being tracked.
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