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The Honolulu Advertiser
Posted on: Monday, July 31, 2006

Public needs to know if NSA sought records

The issue of whether the National Security Agency gained access to consumer telephone call records in pursuit of its anti-terrorism mission may not be fully answered for many months. But at least the questions are being asked.

In Hawai'i, the state Public Utilities Commission has stepped up to fulfill its mission of protecting the consumer interest. In this case, the public wants to know whether telephone carriers have supplied the NSA or other federal agencies with their records — data that it rightfully considered private.

In June, the commission sent a letter to these carriers: Hawaiian Telcom, Sandwich Isles Communications, Cingular Wireless, Verizon Wireless, T-Mobile, Sprint PCS, Nextel Partners, AT&T Communications, Sprint Communications, Oceanic Communications, Pacific LightNet, Verizon Long Distance, Verizon Business Services, and Verizon Communications.

In it, commission Chairman Carlito Caliboso underscored that the Telecommunications Act of 1996 and the commission's own rules require carriers to protect personally identifiable customer data, "except as required by law." Caliboso asked each company to describe its privacy policies and procedures and to disclose whether it received any government request for telephone call records.

It's unfortunate that state government hands seem tied otherwise. In other jurisdictions, federal courts are due to weigh in on whether states have any power to intercede on behalf of consumers, or whether the "supremacy clause" of the U.S. Constitution would preclude that.

Because actions in other states already have triggered court review of the issue, the state administration here has justifiably decided against filing its own subpoenas for information from the carriers. And given the further complication of class-action litigation filed locally, key lawmakers believe calling a special session on the matter would not be productive.

It's hard to argue with that logic, but that doesn't relieve the frustration for the powerless consumer. So it's a relief to see a response from the PUC, however limited.

Once the responses are compiled — and please make it soon — the next step is for the PUC to disclose as much information as possible to the public that it is bound to serve.