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July 31, 2013
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Dear John,
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Two months ago, when Edward Snowden stole and leaked American classified information to the world, he simultaneously shed light on a program that was unnecessarily shrouded and damaged intelligence capabilities around the world.* Since that time, Americans have engaged in a national debate on the proper role of government and the storage of our personal information.**
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All of us are aware that private entities like banks, internet providers, phone companies, and credit card companies store significant data on each of us, a process deemed constitutional by the Supreme Court in*Smith v. Maryland.* The Court ruled that because consumers knowingly allow telephone companies access to their phone records, they cannot claim "any general expectation that the numbers they dial will remain secret."* However, none of us were aware that the NSA also keeps a list of millions of phone calls transmitted in America.*
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Initial reports led Americans to believe that the NSA keeps the contents of each call as well, but that information has proven to be completely false.* The NSA does not listen to or record any phone calls unless a specific court order is issued to tap a specific phone for a criminal case, nor does the NSA maintain a database of email content or email traffic.* Early reports also implied that all Members of Congress were informed of this program, but I can assure you that we were not.
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Since the information leaked, I have participated in numerous classified briefings, face-to-face meetings, and lengthy conversations about the privacy and security implications of this program.* I have concluded that the NSA and the courts put into place many essential safeguards for this program but not enough to satisfy me or many of the people I represent in central Oklahoma.* I have great respect for our defense and intelligence personnel, and I expect our national security team to work daily to protect American citizens from foreign terror plots and real threats, within constitutional boundaries.* We must guard our liberties with great diligence while we also protect our citizens.*
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We cannot surrender our privacy for constant promises of future security.* Our Constitution does not permit it, and we should not allow it.* Liberty is the right of each person, but security is a task for government and each individual.* We cannot confuse our rights with our tasks.* Clearly our rights take priority.* Now, the real question is not if we should fix this problem, but how.*
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After a month of personal investigation and verification, here is what I know about the 215 NSA program:* The NSA has stored in a secure location a massive list of phone calls made in the United States.* Every time the database is accessed for any reason, House and Senate Intelligence Committee personnel are notified with the details of that search.* When our intelligence community discovers an overseas phone number of a known terrorist or when they pick up a phone on an overseas terrorist, they quickly determine whether they have called an American phone number.* If they have contacted a number based in the United States, they reach into the NSA phone number database and try to discover when the call was placed and the duration of the call to that U.S. phone.*
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The NSA database does not include any names connected to the phone number, content of the call, or GPS location information.* The agency only has access to the sending and receiving call numbers, the date, time and duration of the call.**If law enforcement determines that there is reasonable suspicion, they must get a separate court order before they can acquire the name connected to the call or any other information.*
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This level of accountability is reasonable, but it also fails to include a citizen advocate outside of the court to argue for any specific record search.* Before the NSA searches through a database that includes my records, my mom's records, or yours, I want to know that someone is speaking up on my behalf.* I also want to know why a database is necessary to keep in federal control, instead of the private hands in which it currently resides.*
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As you know, Major Nidal Hasan brutally shot his fellow soldiers in cold blood at Fort Hood, Texas, and his trial is ongoing even now.* Following his attack, it was discovered that he was communicating with a foreign radical Muslim cleric.* Many people asked me after the shooting why the intelligence community did not pick up on that communication and confront Hasan before he killed 13 soldiers on American soil.
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On the other hand, since 2007, under this system, U.S. security and intelligence authorities thwarted a plot to bomb the New York City subway system and 53 other foreign-connected attacks in 20 different countries.* While the system is not perfect, it has saved hundreds
