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Wyden Exposes Which Phone Carriers Don't Notify Customers About Government Surveillance
"While now rectified for Senate-funded lines, significant gaps remain, especially for the campaign and personal phones used by most senators. I urge your support for legislative changes to allow the sergeant at arms (SAA) to protect senators' phones and accounts from cyber threats, both foreign and domestic," he wrote. "I also urge you to consider switching your campaign and personal phone lines to other carriers that will provide notice of government surveillance."
Wyden noted that "while AT&T and Verizon only provide notice of surveillance of phone lines paid for by the Senate, T-Mobile has informed my staff that it will provide notice for senators' campaign or personal lines flagged as such by the SAA. Three other carriers—Google Fi Wireless, U.S. Mobile, and Cape—have policies of notifying all customers about government demands whenever they are allowed to do so. The latter two companies adopted these policies after outreach from my office."
In a Wednesday statement announcing the letter and the above chart, Wyden's office warned that "beyond members of Congress, journalists, political activists, people seeking reproductive healthcare, and other law-abiding Americans who could be targeted by the government all have reason to be concerned about secret surveillance of their communications and location data."
The findings of his staff include details relevant to every American with a cellphone, but much of Wyden's letter is focused on improving protections for lawmakers. He pointed to "two troubling incidents" that "highlight the vulnerability of Senate communications" to foreign adversaries and U.S. law enforcement: Chinese Salt Typhoon hackers and the U.S. Department of Justice, during the first Trump administration, both collected records of lawmakers and their staff.
"Executive branch surveillance poses a significant threat to the Senate's independence and the foundational principle of separation of powers," Wyden argued. "If law enforcement officials, whether at the federal, state, or even local level, can secretly obtain senators' location data or call histories, our ability to perform our constitutional duties is severely threatened."
"This kind of unchecked surveillance can chill critical oversight activities, undermine confidential communications essential for legislative deliberations, and ultimately erode the legislative branch's co-equal status," he continued. Wyden called on senators to support his proposals for the next annual appropriations bill "that would allow the SAA to protect senators' phones and accounts—whether official, campaign, or personal—against cyber threats, just as we have for executive branch employees."
The longtime privacy advocate's letter to fellow senators was first reported by Politico, which noted that T-Mobile did not immediately respond to requests for comment while spokespeople for AT&T and Verizon defended their companies.
"We are complying with our obligations to the Senate sergeant at arms," AT&T spokesperson Alex Byers said in a statement to the outlet. "We have received no legal demands regarding Senate offices under the current contract, which began last June."
Verizon spokesperson Richard Young told Politico that "we respect the senator's view that providers should give notice to senators if we receive legal process regarding their use of their personal devices, but disagree with his policy position."
Meanwhile, Sean Vitka, executive director of Demand Progress—an advocacy group long critical of government spying on lawmakers and warrantless surveillance—said in response to the revelations from Wyden's office that "we now know that Comcast, Verizon, T-Mobile, and other phone companies have followed AT&T's unprecedented efforts to facilitate secret government surveillance of their own customers, with some even allowing the government to secretly spy on senators."
"This is a bright, red warning sign at a time when the Trump administration keeps blowing past constitutional checks on executive power and is siccing the Justice Department on elected lawmakers," Vitka added. "These companies should be shamed and ashamed until they fix this."
Dems Accused of Caving to 'Rabid' Telecom Industry Smear Campaign Against FCC Nominee
The digital rights group Fight for the Future tweeted late Thursday that President Joe Biden and Senate Majority Chuck Schumer (D-N.Y.) promised to restore Obama-era net neutrality rules, of which Sohn was a chief architect.
"But instead they're sitting on the sidelines while Big Telecom mounts a massive dark money-funded smear campaign against their nominee to the FCC, Gigi Sohn," Fight for the Future added. "Where's the leadership? Do what you said you would do."
Fight for the Future director Evan Greer said Thursday that "it is absolutely absurd that millions of people from across the political spectrum fought for and won net neutrality at the FCC."
Ajit Pai, who chaired the FCC during the Trump administration, "repealed it, Dems promised to restore it, and they've so far failed to do so by caving to industry pressure and slow-walking" Sohn's nomination, Greer added.
"The only reason for this is corruption. Plain and simple," she charged, adding that it is a "good time to remember that Comcast, AT&T, Verizon etc. are huge donors to Democratic leadership and candidates. They've got their hands all up in there."
The campaigner also said that while the telecom sector and others--including the Fraternal Order of Police (FOP)--attack Sohn, "Dem leadership is nowhere to be found defending their nominee."
Greer pointed to a piece that Scott Roberts, senior director of criminal justice campaigns for Color of Change, wrote for The Root last year, declaring that the FOP is "one of the largest and most powerful hate groups in the country" and "acts as the guardian, enforcer, and perpetuator" of "racist police culture."
The FOP has openly opposed Sohn, citing her "forceful advocacy of end-to-end encryption and 'user-only-access'" and claiming that her employment history, public policy stances, and social media activity "indicated serious animus towards law enforcement officers and the rule of law."
The FOP on Wednesday released polling it commissioned from Morning Consult, which asked U.S. registered voters various questions, including some about Sohn.
"In the poll, 65% of voters had no opinion on this nominee. But after seeing information and social media posts about her extreme positions on policing issues, 6 in 10 said they would be less likely to support the nomination," said FOP national president Patrick Yoes. "For those who say Ms. Sohn's nomination will impact their vote in the Senate's midterm elections, 60% say they are more likely to vote for a Republican candidate--which is very significant in states like Arizona, Colorado, Georgia, Nevada, and Washington."
Critics framed the FOP polling as part of the ongoing efforts to tank Sohn's nomination.
"The smear campaign against [Sohn] has been beyond ridiculous," said Techdirt founder Mike Masnick. "Everyone who knows anything about her knows that it's pure nonsense, that she's beyond qualified, and that she will do an amazing job."
"The smear merchants are doing it *because* they know she'll do a good job," added Masnick, who was responding on Twitter to similar comments from technology writer Karl Bode.
Bode had tweeted of the FOP polling that "this is part of a manufactured smear campaign being run by AT&T and Comcast against a highly qualified and extremely popular FCC nominee literally everyone in the telecom/media space knows would be great on telecom monopolization, broadband affordability, and media consolidation."
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Writing for Techdirt on Friday, Bode blasted the FOP's "not-at-all-scientific poll" as well as the "grotesque campaign" by telecom giants to "spread harmful gibberish in a bid to either flip or provide flimsy justification" for right-wing Democratic senators opposing her nomination.
He also wrote:
The Biden team isn't faultless here either. It took the Biden administration nine months to even nominate Sohn, giving the telecom industry... ample time to galvanize opposition. Team Biden also hasn't done anything to defend Sohn publicly, or apply any meaningful pressure on the Senate confirmation voting process. Nor have Sohn's future FCC colleagues voiced any public support, despite the shamelessness of the attacks.
Which, in turn, is fairly reflective of how the federal government doesn't really take stuff like telecom monopolization and telecom consolidation seriously, especially in an era where "Big Tech" has sucked all the oxygen out of the D.C. policy room. And again, this is all occurring in an era when D.C. pretends to be interested in "bipartisan antitrust reform," revealing the hollowness of the gambit.
In a series of tweets Friday, Bode warned that "it is going to be an EXTREMELY long and painful decade if Democratic strategists don't start pulling their heads out of their asses and start displaying something vaguely resembling urgency, passion, and creativity."
"The phony appeal of authoritarianism can only be defeated if the [Democratic National Committee] shakes off corruption and truly represents the public interest," Bode added. "You don't accomplish this by letting a hugely popular media and telecom reformer drown under unopposed GOP/telecom propaganda attacks."
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