NSA Scandal

Introduction: NSA Spying on Americans is Illegal

Introduction: Eavesdropping 101: What Can the NSA Do?


Domestic Telephone Records Database

NSA Has Massive Database of Americans' Phone Calls," USA Today, May 11, 2006.

Transcript of President Bush's statement on NSA domestic telephone database, May 11, 2006.

Letter from 50 House Members To President Bush on domestic telephone records database, May 11, 2006. (PDF)

Statement from AT&T

Statement from BellSouth (not yet available)

Statement from Verizon

Statement from attorney of former Qwest CEO Joseph P. Nacchio

"Whistle-Blower Outs NSA Spy Room," Wired News, April 7, 2006.

Electronic Frontier Foundation page on lawsuit against AT&T, filed Jan. 31, 2006.


Legal Challenges and Analysis

"US Rights Groups Ask Courts to End Domestic Spying," Reuters, March 9, 2006.

"Ex-Justice Lawyer Rips Case for Spying," Washington Post, March 9, 2006.

Congressional Research Service report questioning legality of Bush Administration's notification to Congress of NSA spying, January 18, 2006 (pdf)

"Congressional Agency Questions Legality of Wiretaps," Washington Post, January 19, 2006.

"Two Groups Planning to Sue Over Federal Eavesdropping," New York Times, January 17, 2006.

Letter to Congress from former government officials and law professors on NSA spying, January 9, 2006 (pdf)

"Nonpartisan report questions legality of eavesdropping, " Knight Ridder, January 6, 2006

Morton Halperin, "A Legal Analysis of the NSA Warrantless Surveillance Program," January 6, 2006.

"Report Rebuts Bush on Spying," Washington Post, January 6, 2006

Congressional Research Service report finding lack of legal grounding for NSA spying, January 5, 2006 (pdf)

"Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts," New York Times, December 28, 2005.

Congressional Notification & Investigation

"Feingold Calls for Bush to be Censured Over Spying," New York Times, March 12, 2006.

"Senate Panel Blocks Eavesdropping Probe," Washington Post, March 8, 2006.

"G.O.P. Senators Say Accord is Set on Wiretapping," New York Times, March 8, 2006.

"White House Briefing Intelligence Committees on NSA Spying," Associated Press, February 9, 2006

"Senate Panel Rebuffed on Documents on U.S. Spying," New York Times, February 2, 2006.

"Gonzales Is Challenged on Wiretaps," Washington Post, February 1, 2006.

Letter from Sen. Russ Feingold to Attorney General Alberto Gonzales on testimony during confirmation hearing, January 30, 2006 (pdf)

"White House Dismissed '02 Surveillance Proposal," Washington Post, January 26, 2006.

"Words, Deeds on Spying Differed: Even as warrentless U.S. eavesdropping was being conducted, the White House opposed easing rules on the issue in 2002 to avoid public debate." Los Angeles Times, January 26, 2006.

Glenn Greenwald revealed on his blog on January 24 that the Administration refused to back a bill proposed by Sen. Mike DeWine (R-OH) in 2002, which would have eliminated the "probable cause" barrier of FISA.  This is the exact barrier it now claims necessitates circumvention of FISA.

"Secret Surveillance May Have Occurred Before Authorization," Washington Post , January 4, 2006.

"Power We Didn't Grant ," December 2005 op-ed by former Senate Majority Leader Tom Daschle reporting that Senate explicitly denied president the authority to wage war domestically when passing resolution cited by Bush as authorization for spying.

October 2001 letter from Rep. Nancy Pelosi to then-NSA Director Michael V. Hayden on NSA Activities, with response (declassified, with redactions)

Letter from Sen. Jay Rockefeller to Vice President Cheney regarding briefing on domestic spying activities in 2003 (pdf)

Corporate Participation

"AT&T Seeks to Hide Spy Docs," Wired, April 12, 2006.

"Watching What You Say," The Nation, March 2, 2006.

Letter from Sen. Russ Feingold and Sen. Ted Kennedy to AT&T, Sprint Nextel and Verizon, February 9, 2006 (pdf).

"Telecoms Let NSA Spy on Calls," USA Today, February 5, 2006.

"Lawsuit Targets AT&T Over Domestic Spying Program," Los Angeles Times, February 1, 2006.

Administration Statements

"Gonzales Suggests Legal Basis for Domestic Eavesdropping," New York Times, April 7, 2006.

"DOJ: NSA Could've Monitored Lawyers' Calls," Washington Post, March 25, 2006.

"Gonzales Denies More Extensive Domestic Spying," Washington Post,  March 3, 2006.

Bush remarks on Illegal NSA spying in 2005 State of the Union speech (with commentary by Tim Grieve of Salon), February 1, 2006.

President Bush's speech to the NSA (transcript), January 25, 2006. 

Transcript: Gonzales Defends Survillance Program (transcript), January 24, 2006.

President Defends Illegal NSA Program at Kansas State University (transcript), January 23, 2006.

Gen. Michael V. Hayden remarks to the National Press Club (transcript),, January 23, 2006.

"Criminal Inquiry Opens into Spying Leak" New York Times, December 31, 2005. 

"Cheney Defends Surveillance" New York Sun, December 21, 2005.

Press Briefing by Attorney General Alberto Gonzales and General Michael Hayden, Principal Deputy Director for National Intelligence (transcript), December 19, 2005.

Secretary of State Condoleeza Rice defends spying on Fox News (transcript), December 18, 2005.

President Bush's Radio Address (transcript), December 17, 2005.

FISA Court

"Judges on Secretive Panel Speak Out on Spy Program," New York Times, March 29, 2006.

"Secret Court's Judges Were Warned About NSA Spy Data," Washington Post, February 9, 2006

"Judge Reportedly Resigns over US Spy Program," New York Times, December 21, 2005.

Foreign Intelligence Surveillance Act (FISA): Text and Resources

GOP and Administration Objections

"Bush Faces Republican Revolt Over Spying," Financial Times, February 9, 2006.

Statement by Congresswoman Heather Wilson (R-NM) on NSA Electronic Surveillance, February 8, 2006.

Letter from House Judiciary Committee to Attorney General Alberto Gonzalez, February 8, 2006 (pdf)

"Palace Revolt," Newsweek, February 6, 2006

"Justice Deputy Resisted Parts of Spy Program," New York Times, January 1, 2006.

ACLU Documents

Court Must Protect Americans from President’s Unchecked Spying, ACLU Argues; January 31, 2007.

ACLU Says Gonzales’ Release of NSA Surveillance Details A First Step, Calls on Congress to Conduct Vigorous Oversight; January 31, 2007.

MCLU Applauds Public Utility's Demand that Verizon Tell the Truth About Cooperation with NSA's Spying Program; January 29, 2007.

ACLU Fights Government Legal Maneuvers to Delay Challenges to Datamining; January 25, 2007.

ACLU Throws Support Behind Shareholder Challenge to AT&T on Illegal NSA Spying; January 17, 2007.

Folding Under Pressure, Bush Administration Concedes Judicial Role Over NSA Spying Program; January 17, 2007.

ACLU Continues Campaign to End Unlawful Government Spying on Americans; January 9, 2007.

ACLU Lauds Justice Watchdog’s Investigation of NSA Program; November 27, 2006.

Leading Constitutional Scholars, Civil Rights Organizations, Bar Associations and Reporters' Group Support ACLU Challenge to NSA Warrantless Wiretapping; November 21, 2006.

Bush Wiretapping Program Violates Federal Laws and the Constitution, Says ACLU; November 14, 2006.

MCLU to Court: Keep Maine Lawsuit in Maine; October 27, 2006.

DOJ Threatens to Sue Maine PUC; August 2, 2006.

ACLU of Michigan Says Phone Companies Broke the Law, Urges Public Service Commission to Investigate; July 26, 2006.

ACLU of Illinois Responds to Ruling in Terkel v. AT&T; July 25, 2006.

ACLU Seeks Information on Extent of Bush Administration Spying; July 19, 2006.

ACLU Slams Bush's Block of Justice Department Inquiry on NSA Spying; July 19, 2006.

Government Abusing State Secrets Claim in NSA Case, ACLU Tells Court; July 10, 2006.

Lawmakers Confirm NSA Spying Program; June 30, 2006.

Despite New Privacy Policy, AT&T Can't Rewrite Right and Wrong, ACLU Says; June 22, 2006.

ACLU Urges Court to Reject State Secrets Claim in NSA Case; June 21, 2006.

House Judiciary Committee Adopts Request for Illegal NSA Spying Documents; ACLU Welcomes Unexpected Move, Calls for Thorough Congressional Oversight; June 21, 2006.

ACLU Urges House to Rein In Illegal NSA Spying Program, Bipartisan Proposal Would Require Administration Respect the Rule of Law; June 20, 2006

Court Hears Arguments on Legality of NSA Spying Program for the First Time Ever; June 12, 2006.

ACLU To FCC: Review of AT&T-BellSouth Merger Must Look At NSA Spying; June 6, 2006.

ACLU Urges Federal Court to End NSA Spying Program; June 6, 2006.

ACLU Files Lawsuit in California Court Demanding End to Privacy Violations by AT&T and Verizon; May 26, 2006.

ACLU Launches Nationwide Action Against NSA Snooping on Americans’ Phone Calls; May 24, 2006.

Responding to Complaint Filed in Maine, Verizon Refuses to Deny Participation in the NSA Spying Program; May 19, 2006.

ACLU Urges Congress to Reject Attempts to Legitimize Illegal NSA Activities, Welcomes Harman-Conyers Bill to Restore the Rule of Law; May 17, 2006.

ACLU Says Specter’s NSA Legislation Would Pardon President’s Illegal Actions; Group Calls for Inspector General Investigation; May 16, 2006. 

NSA Spying Complaint filed with Maine Public Utility; May 12, 2006. 

ACLU Asks Federal Court to Block Illegal Spying Program, Citing 'Concrete Harm' to Americans," March 9, 2006.

New poll commissioned by ACLU shows Americans reject NSA warrantless surveillance program; February 26, 2006

Introduction: Eavesdropping 101: What Can the NSA Do?

Introduction: NSA Spying on Americans is Illegal

The NSA's Surveillance Octopus: map of likely NSA facilities (jpeg) -- or pdf file (500k)

ACLU letter to the Attorney General calling for a special counsel

ACLU legal complaint in lawsuit over NSA spying (see also this fact sheet on legal claims)

ACLU feature page on NSA spying

ACLU Newspaper Ads: The President Lied to the American People and Broke the Law

ACLU Report: "The Surveillance-Industrial Complex"

ACLU Blog on Surveillance and the Patriot Act

Freedom of Information Act Requests on NSA Spying:

Key Investigative Pieces
(registration may be required for some sites)

"The White House Says Spying on Terror Suspects Without Warrants is Okay. What About Physical Searches?" US News & World Report, March 27, 2006.

"Paper Said to Show NSA Spying Given to Post Reporter in 2004," Washington Post, March 3, 2006.

"
Surveillance Net Yields Few Suspects," Washington Post, February 5, 2006

"Spy Agency Data After Sept. 11 Led F.B.I. to Dead Ends," New York Times , January 17, 2006.

"Files Say Agency Initiated Growth of Spying Effort," New York Times , January 4, 2006.

State of War: The Secret History of the C.I.A. and the Bush and Administration by James Risen (Free Press, January 3, 2006)

"NSA Gave Other U.S. Agencies Information From Surveillance," Washington Post, January 1, 2006

"U.S. Spying Is Much Wider, Some Suspect," Los Angeles Times, December 25, 2005.

"Spy Agency Mined Vast Data Trove, Officials Report," New York Times, December 24, 2005.

"At Security Agency, News of Surveillance Program Gives Reassurances a Hollow Ring," New York Times, December 22, 2005.

"Spying Program Snared US Calls," New York Times, December 21, 2005.

"Bush Lets U.S. Spy on Callers Without Courts," New York Times, December 16, 2005.

Selected Opinion and Commentary
(registration may be required for some sites)

"Resolving the Wiretap Debate," New York Times Editorial, April 6, 2006.

Al Gore, "Restoring the Rule of Law," speech delivered in Washington DC, January 16, 2006 (text and video).

"Early Warning," Washington Post columns by national security expert William W. Arkin

"Tinker, Tailor, Miner, Spy: Why the NSA's snooping is unprecedented in scale and scope," by Shane Harris and Tim Naftali, Slate, January 3, 2006.

"Spy Controversy, Redux," column by Ruth Marcus. Washington Post, January 2, 2006.

"The NSA's Overt Problem," Washington Post, January 1, 2006.

"The Agency That Could Be Big Brother," by reporter James Bamford, author of two books on the NSA, New York Times, December 25, 2005.

"So Much for Protecting Constitution," Geoffrey Stone, University of Chicago Law Professor analyzes NSA spy program in the historical context of domestic spying in wartime. Chicago Tribune, December 21, 2005.

"No President is Above the Law" Speech by Sen. Robert Byrd, December 19, 2005.

"The Fog of False Choices," New York Times editorial, December 20, 2005.

"...unlimited?" Former Reagan Administration official Bruce Fein calls Bush's spying program "a clear and present danger to the rule of law." Washington Times, December 20, 2005.

"Listening in and Naming Names: The old tricks of the NSA," Slate, December 20, 2005.

"Uncle Sam is Listening," by security technology expert Bruce Schneier, author of "Beyond Fear: Thinking Sensibly About Security in an Uncertain World," Salon, December 20, 2005.

"This Call May be Monitored," New York Times editorial, December 18, 2005.

"Spying on Americans," Washington Post editorial, December 18, 2005.

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