HUNG UP ON SECRECY

In May, Verizon sent out two press releases in response to reports that it participated in a the National Security Agency warrantless program to collect phone-call records. In short, Verizon said in those press releases the reports were false. Responding to a complaint from a Verizon customer, the Maine Public Utilities Commission recently asked a Verizon officer to swear that the denials in those releases were accurate. Monday, Verizon said it wouldn’t do this.

The PUC wanted a Verizon officer to confirm the accuracy of the statements because it recognized Maine telephone subscribers have a right to privacy and that the press releases denying involvement in the NSA program were not attributed to anyone with authority in the company or who would know whether Verizon was involved.

The simple question to Verizon officials was essentially, “Were those statements back in May true?” The statements had been submitted to the PUC in response to the complaint and, if found to be false in a significant way, could constitute a crime.

Verizon on Monday informed the PUC the company “was not in a position at this time to submit sworn affirmation” because the Department of Justice on that same day told Verizon and the PUC that it had filed a lawsuit against both in federal district court. The Department of Justice claims the PUC’s actions – asking whether what has already been made public is accurate – “are contrary to federal law.”

Maine is the third state sued under these circumstances by the Justice Department of Alberto Gonzales, a department that previously sued states to protect the rights of individuals rather, as is being done here, than preventing those citizens from exercising their rights.

Carefully, the PUC has not asked about the kinds of information a phone company might collect; it has not looked for specific instances of information being collected. It simply wanted confirmation of statements volunteered by Verizon. The district court should abstain from getting involved in an ongoing state proceeding except to tell the Justice Department that raising a state secrets privilege over verification of press releases made public months ago is silly.

Nearly five years after 9/11, the common observation is over how much has changed in Americans’ attitudes about terrorism and the need for protection. But many things haven’t changed, and among those is the right of people to be secure against unreasonable searches. Maine has its own set of privacy laws, which the PUC is attempting to ensure with a high degree of deference for national security. Rather than be sued, it should be encouraged for defending so basic a national value.