Senator Ron Wyden has highlighted critical lapses in the way major U.S. mobile carriers handle government surveillance notifications in a letter to fellow lawmakers. Despite existing contractual requirements mandating communication about surveillance requests, Wyden’s investigation revealed that AT&T, T-Mobile, and Verizon failed to inform senators regarding such legal requests, including those from the White House. Following the revelation, the carriers have since indicated that they are now adhering to these notification requirements.
Politico first reported Wyden’s disclosure, which follows a troubling Inspector General report documenting the Trump administration’s covert collection of call logs from 43 congressional staffers and two sitting members of the House of Representatives between 2017 and 2018. This illicit collection included gag orders imposed on the phone companies, shielding the surveillance from scrutiny. Notably, the surveillance affected key figures like Adam Schiff, the former top Democrat on the House Intelligence Committee.
In his letter, Wyden expressed concern over the implications of such executive branch surveillance on the Senate’s autonomy and the separation of powers doctrine. He cautioned that the secret acquisition of sensitive data like senators’ location or call histories undermines their constitutional responsibilities.
An AT&T spokesperson assured compliance with obligations to the Senate Sergeant at Arms, noting that no legal demands for Senate-related data have been received under the current contract since it began last June. However, questions regarding past demands remain unanswered. Wyden’s office did not disclose the identity of a carrier that admitted to submitting Senate data to law enforcement without prior notification, aiming to avoid deterring transparency from the companies.
Responses from Verizon and T-Mobile were not forthcoming. Wyden’s letter also referenced smaller carriers like Google Fi, US Mobile, and Cape, which have committed to notifying all customers whenever permissible about government data requests. Following outreach from Wyden’s office, US Mobile and Cape adopted this policy, as confirmed by US Mobile’s spokesperson. They stated that previously there had been no formal notification procedures in place concerning surveillance requests. The carrier confirmed that they are now committed to informing customers of legal demands for information, provided they are legally allowed to do so.
Wyden’s ongoing advocacy has underscored the need for transparency and accountability in government surveillance practices. Following legislative protections enacted in 2020, the Senate Sergeant at Arms revised its contracts to require notifications of surveillance requests, yet Wyden’s investigation revealed that this crucial communication was not consistently occurring. He encouraged his Senate colleagues to consider switching to carriers that comply with these notification policies to safeguard their communications. Notably, the protections do not extend to non-official phones, such as personal devices or campaign phones used by senators and staff.
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