Maine Today : U.S. suit shows new toughness with state

U.S. suit shows new toughness with state

By By GREGORY D. KESICH, Staff Writer | August 23, 2006

Copyright © 2006 Blethen Maine Newspapers Inc.

Verizon Communication's alleged cooperation with a domestic surveillance program marks a new level of aggressiveness by the federal government, privacy advocates say.

Maine is the third state to be sued in federal court for looking into charges that telecommunications companies cooperated with the government inwarrantless wiretapping and data mining programs.

Unlike the other states that have been sued, however, Maine has never opened an investigation into the program.

In fact, in a decision that disappointed privacy advocates, PUC Chairman Kurt Adams only asked that a Verizon executive affirm the truth of statements made in press releases last spring that denied any illegal activity. The PUC did not require the company to produce any new information.

In its lawsuit, the U.S. government said the company could not comply with the order without endangering national security.

"The United States will be irreparably harmed if Verizon is permitted or is required to disclose sensitive and classified information to the (PUC)."

The attempt to prevent even that level of scrutiny shows that the government is using the protection of state secrets as a weapon, said Shenna Bellows, executive director of the Maine Civil Liberties Union.

"They are going after people before they have done anything," she said. "Frankly, we feel that the lawsuit is without merit, and we hope the PUC will resist the actions of a bully and proceed with an investigation into whether Mainers' privacy rights were violated."

State officials worked Tuesday to respond to the lawsuit filed Monday in U.S. District Court in Bangor.

Representatives of the Maine PUC met Monday with the state Attorney General's Office to plan legal strategy.

Speaking after the funeral of Pfc. Andrew Small in Wiscasset, Gov. John Baldacci said he has communicated with Adams, the PUC chairman, and was confident that Adams would find a way without endangering national security to address the concerns of the telephone company customers who requested a PUC investigation.

Baldacci noted that PUC Commissioner Sharon Reishus is a former employee of the CIA and has experience handling sensitive information.

He said Adams planned to work with the Attorney General's Office and make a recommendation on how the state should proceed.

"We've got the best minds working on it, and I look forward to getting their recommendations," Baldacci said.

On Aug. 9, the PUC issued a written order requiring Verizon to affirm the truth of seven statements the company issued in two press releases in May. The press releases were included in the company's response to the PUC.

In the unsigned statements, Verizon asserted in broad language that it had not broken any state or federal laws involving the privacy of telephone customers.

In its order, the PUC asked that a responsible company official issue a sworn statement affirming the truth of the statements.

The telephone customers who filed the original complaint with the PUC were unhappy with the order, preferring that the PUC had voted to open an investigation instead. Chris Branson, a Portland lawyer and one of the original plaintiffs, said Maine officials were overly cautious about looking into the matter.

"I've been disappointed with both public officials and elected officials on this issue," Branson said. "They appear to lack energy pursuing this matter and they seem to lack the political will or courage to go forward."

Officials in the other states that have been more aggressive have also been sued.

On June 14, the federal government sued New Jersey Attorney General Zulima Farber, who sent subpoenas to five telecommunications carriers demanding documents revealing whether they had turned over records without warrants.

On July 24, the federal government sued members of the Missouri Public Service Commission after they had issued subpoenas to AT&T Inc. over alleged violations of state privacy laws.

When announcing his proposed order, PUC Chairman Adams said requesting a sworn statement could resolve the matter without the need to start an investigationand provoke a lawsuit by the federal government.

Some state lawmakers are also considering a response as the case moves forward.

State Sen. Philip Bartlett, D-Gorham, chairman of the Legislature's Utilities Committee, said he was "stunned" by the lawsuit, and said that the government had gone too far.

"It's a clear case of the federal government overstepping its authority," he said. "It deals directly with states' rights."

Bartlett said the PUC had done nothing more than ask Verizon to affirm the truth of statements it presented to the commission. Doing so would not violate any state secrets, he said.

Bartlett said he has written to U.S. Attorney General Alberto Gonzales protesting the lawsuit and would consider proposing a legislative resolution when the Legislature reconvenes next year.

Sen. Carol Weston, R-Montville, who also serves on the Utilities Committee, said lawmakers should wait before responding to the suit.

"I think we should step back and gather the facts before we second-guess anything as vital as national security," she said.

Staff Writer Gregory D. Kesich can be contacted at 791-6336 or at: gkesich@pressherald.com