FAS

CRS Views Government Access to Phone Records

05.18.06 | 1 min read | Text by Steven Aftergood

The government’s acquisition of telephone records of tens of millions of Americans, as reported last week in USA Today, raises a host of thorny legal issues. In a new report (pdf), the Congressional Research Service performed a preliminary assessment of those issues.

“The factual information available in the public domain with respect to any such alleged program is limited and in some instances inconsistent,” the CRS authors caution, “and the application, if at all, of any possibly relevant statutory provisions to any such program is likely to be a very fact specific inquiry.”

Having said that, the CRS explains that there are several statutes that may be pertinent and that could conceivably entail civil or criminal penalties for telephone companies that provide information to the government without statutory authorization.

“This [CRS] report …summarize[s] statutory authorities regarding access by the Government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, we will also discuss statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions.”

The Congressional Research Service does not make its products directly available to the public. But a copy of the latest report was obtained by Secrecy News.

See “Government Access to Phone Calling Activity and Related Records: Legal Authorities,” May 17, 2006.

publications
See all publications
Education & Workforce
day one project
Policy Memo
Work-based Learning for All: Aligning K-12 Education and the Workplace for both Students and Teachers

The incoming presidential administration of 2025 should champion a policy position calling for strengthening of the connection between K-12 schools and community workplaces.

12.11.24 | 13 min read
read more
Global Risk
day one project
Policy Memo
Pursuing A Missile Pre-Launch Notification Agreement with China as a Risk Reduction Measure

With tensions and aggressive rhetoric on the rise, the next administration needs to prioritize and reaffirm the necessity of regular communication with China on military and nuclear weapons issues to reduce the risk of misunderstandings.

12.11.24 | 7 min read
read more
Government Capacity
day one project
Policy Memo
Unlocking The Future Of Work by Updating Federal Job Classifications

By acting now, the Administration can create clear career pathways for workers and better equip federal agencies with critical workforce insights to optimize national investments.

12.10.24 | 4 min read
read more
Environment
day one project
Policy Memo
Polar Infrastructure and Science for National Security: A Federal Agenda to Promote Glacier Resilience and Strengthen American Competitiveness

Congress and the incoming Trump Administration should work together to reinforce the U.S. position in the regions, recognizing the role Antarctica in particular may have in a changing global order and its significance for sea-level rise.

12.10.24 | 7 min read
read more