8/14/2019 Verizon Wiretapping - James D Cowie Letter Concerning MCLU Decision

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James D. Cowie

32 North Street

Portland Maine 04101

207-774-2365

ELECTRONICALLY FILED

ON 07-21-06

THIS IS A VIRTUAL DUPLICATE OF THE ORIGINAL HARD COPYSUBMITTED TO THE COMMISSION IN ACCORDANCE WITH ITS

ELECTRONIC FILING INSTRUCTIONS

July 21, 2006

Mr. Dennis L. Keschl, Administrative DirectorMaine Public Utilities Commission242 State Street, 18 State House StationAugusta Maine 04333-0018

RE: MAINE PUBLIC UTILITIES COMMISSIONRequest for Commission Investigation intoWhether Verizon is Cooperating in MaineWith the National Security AgencysWarrantless Domestic Wiretapping ProgramDocket No. 2006-274

Dear Mr. Keschl:

I have been notified by the MCLU that today it filed the 19 July decision inthe caseHepting v. AT&T Corp by Chief Judge Vaughn R. Walker for the Federal

District Court of Northern California. On behalf of the Complainants in this case,I would like the Commission to know we endorse the MCLUs filing of thatdecision, as well as the entire content of the cover letter from Attorney John M.R. Paterson, and I offer a few additional remarks for the Commissionsconsideration.

Judge Walker found that the government has opened the door for judicialinquiry by publicly confirming and denying material information about itswarrantless monitoring of telephone and e-mail communications content, andsummarized what the government has disclosed about its surveillance activities,including which persons communications are being monitored; the locations ofthose persons; and the types of information being monitored. He found thatbecause of the public disclosures by the government and AT&T, the court cannotconclude that merely maintaining [Hepting v. AT&T Corp.] creates a reasonabledanger of harming national security. ThusJudge Walkerrejects thegovernment's claims that allowing the case to go forward could expose statesecrets and jeopardize the war on terror or threaten national security. And mostimportant for this complaint that is before the Commission, Judge Walkerconcluded this: "The compromise between liberty and security remains a difficultone, but dismissing the case at the outset would sacrifice liberty for no apparent

8/14/2019 Verizon Wiretapping - James D Cowie Letter Concerning MCLU Decision

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enhancement of security." The Complainants believe that conclusion and JudgeWalkers other findings fit to a T the arguments the Public Advocate, the MCLU,and the I have made in this complaint case, regarding the state secrets andsecurity classification issues Verizon has raised, and to convince the Commissionto open an investigation.

Finally, in recommendations I filed on behalf of the Complainants inresponse to the 23 June procedural order I recommended the Commission retainestablished experts in Lucent and Nortel switching machines to assist theCommission in determining if Verizon has provided NSA access to any of its orMCIs switches in Maine. Now, as the Commission studies Judge Walkersdecision, I recommend the Commission consider adopting, in the complaint case,Judge Walkers plan to retain, inHepting v AT&T Corp., an expert with a securityclearance to receive the most highly sensitive information and extensiveexperience in intelligence matters, to advise him as that case goes forward.

Sincerely yours,

James D. CowieLead Complainant

Cc: Andrew Hagler, Esq.Donald W. Boecke, Esq., VerizonWilliam C. Black, Esq., OPAJohn M. R. Paterson, Esq., MCLU

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