OFF THE WIRE
The
federal government has access to a massive database of 25 years of
AT&T phone data, NBC News has confirmed, as part of a secret program
in which phone company employees work alongside local and federal law
enforcement agents to track the phone calls of suspected drug dealers.
As first reported by the New York Times,
the Hemisphere Project is at least six years old and has access to the
data from every call coming through an AT&T switchboard back to
1987. The pool grows by billions of calls a day, includes information on
the location of callers, and is larger than the controversial database
maintained by the NSA, which goes back five years.
As part of the Hemisphere program, the government is currently paying
AT&T to embed a handful of phone company employees with drug task
forces of local police and DEA agents in Atlanta, Houston and Los
Angeles.
However, officials noted that the database is maintained by AT&T,
and all government access to the records is controlled by valid
subpoenas. They emphasized that the program does not involve listening
to phone calls, but instead allows them to quickly “connect the dots.”
Drug
traffickers use numerous methods to avoid electronic surveillance,
including so-called “burner phones,” which are prepaid phones that can
be bought for cash and used temporarily before being thrown away.
Officials
told NBC News that the database lets them establish call patterns by
finding links between these anonymous and short-lived numbers and
networks of other phone numbers. Having the AT&T employees on-hand
to receive the subpoenas, they said, makes for quicker turnaround. Most
of the subpoenas are “administrative subpoenas,” meaning they are issued
by a federal agency, generally the DEA, rather than a grand jury or a
judge.
AT&T spokesman Mark Siegel said the company could not
comment "on any particular matter," but said, "We, like all other
companies, must respond to valid subpoenas issued by law enforcement."
The
New York Times obtained a PowerPoint presentation describing the
program from Drew Hendricks, an activist in Washington state. He said he
had received the slideshow, which was not classified, via public
information requests to West Coast police departments.
The
PowerPoint slides have the logo of the White House Office of National
Drug Control Policy and are marked “Law enforcement sensitive.”
According to the Times, one slide says, “All requestors are instructed
to never refer to Hemisphere in any official document.”
The slides
also list several instances in which the program allegedly helped find
suspects or drug shipments, and underline the utility of the program in
tracking “burner” phones.
Representatives of other phone companies
declined to comment when asked by the Times whether their companies
participated in Hemisphere or any similar program.