Secret Court Order Gives NSA & FBI Access to All Verizon Phone Records

If you thought that US Attorney General Eric Holder’s authorization to access the phone and email records of reporters was a constitutional violation, wait to you see what a judge did for the FBI and NSA.

First reported by British news – The Guardian – Judge Roger Vinson of the United States Foreign Intelligence Surveillance Court (never knew there was such a court), signed an order in April that gave the FBI and NSA access to the phone records of all of Verizon’s customers.  The order was signed by Judge Vinson on April 25, 2013 and will expire on July 19, 2013.

The order gives the FBI and the NSA access to all foreign and domestic phone calls of Verizon customers.  They will have access to the phone numbers of the caller and the person being called, the duration of the call and the location of each person involved in the call.  The once secret order reads:

“TOP SECRET//SI//NOFORN

UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE APPLICATION OF THE FEDERAL BUREAU OF INVESTIGATION FOR AN ORDER REQUIRING THE PRODUCTION OF TANGIBLE THINGS FROM VERIZON BUSINESS NETWORK SERVICES, INC. ON BEHALF OF MCI COMMUNICATION SERVICES, INC. D/B/A VERIZON BUSINESS SERVICES.

 

Docket Number: BR 13-80

SECONDARY ORDER

This Court having found that the Application of the Federal Bureau of Investigation (FBI) for an Order requiring the production of tangible things from Verizon Business Network Services, Inc. on behalf of MCI Communication Services Inc., d/b/a Verizon Business Services (individually and collectively “Verizon”) satisfies the requirements of 50 U.S.C. § 1861,

 

IT IS HEREBY ORDERED that, the Custodian of Records shall produce to the National Security Agency (NSA) upon service of this Order, and continue production

 

TOP SECRET//SI//NOFORN

Derived from:            Pleadings in the above-captioned docket

Declassify on:           12 April 2038

 

on an ongoing daily basis thereafter for the duration of this Order, unless otherwise ordered by the Court, an electronic copy of the following tangible things: all call detail records or “telephony metadata” created by Verizon for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls. This Order does not require Verizon to produce telephony metadata for communications wholly originating and terminating in foreign countries.  Telephony metadata includes comprehensive communications routing information,. including but not limited to session identifying information (e.g., originating and terminating telephone number, International Mobile Subscriber Identity (IMSI) number, International Mobile station Equipment Identity (IMEI) number, etc.), trunk identifier, telephone calling card numbers, and time and duration of call. Telephony metadata does not include the substantive content of any communication, as defined by 18 U.S.C. § 2510(8), or the name, address, or financial information of a subscriber or customer.

 

IT IS FURTHER ORDERED that no person shall disclose to any other person that the FBI or NSA has sought or obtained tangible things under this Order, other than to: (a) those persons to whom disclosure is necessary to comply with such Order; (b) an attorney to obtain legal advice or assistance with respect to the production of things in response to the Order; or (c) other persons as permitted by the Director of the FBI or the Director’s designee. A person to whom disclosure is made pursuant to (a), (b), or (c) shall be subject to the nondisclosure requirements applicable to a person to whom an Order is directed in the same manner as such person. Anyone who discloses to a person described in (a), (b), or (c) that the FBI or NSA has sought or obtained tangible things pursuant to this Order shall notify such person of the nondisclosure requirements of this Order. At the request of the Director of the FBI or the designee of the Director, any person making or intending to make a disclosure under (a) or (c) above shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

 

IT IS FURTHER ORDERED that service of this Order shall be by a method agreed upon by the Custodian of Records of Verizon and the FBI, and if no agreement is reached, service shall be personal.

 

This authorization requiring the production of certain call detail records or “telephony metadata” created by Verizon expires on the 19th day of July, 2013, at 5:00 p.m., Eastern Time.

 

Signed  04-25-2013 Eastern Time

Roger Vinson

Judge, United States Foreign Intelligence Surveillance Court”

Please note that there is nothing in this order that specifies a reason or what type of information the FBI and NSA are after.  There is no justification given for the blanket spying on all of Verizon’s customers, of which I am one.  Isn’t it convenient that there is a court just for spying on Americans whose judge is appointed by the government who just happens to sign a top secret order to allow the government to spy on Verizon’s customers?

Perhaps because of all of my anti-Obama and conservative postings, they feel it necessary to know who I talk to.  Other than family and business colleagues, I wonder if I should notify the several local garden nurseries I call to tell them that our calls are being spied upon by the feds?