WASHINGTON — The Obama administration is secretly carrying out a domestic surveillance program by collecting business communications records involving Americans under a hotly debated section of the Patriot Act, according to a highly classified court order disclosed Wednesday night.
The order, signed by Judge Roger Vinson of the Foreign Intelligence Surveillance Court in April, directs a Verizon Communications subsidiary, Verizon Business Network Services, to turn over “on an ongoing daily basis” to the National Security Agency all call logs “between the United States and abroad” or “wholly within the United States, including local telephone calls.”
The order does not apply to the content of the communications.
Verizon Business Network Services is one of the nation’s largest telecommunications and Internet providers for corporations. It is not clear whether similar orders have gone to other parts of Verizon, such as its residential or cellphone services, or to other telecommunications carriers. The order prohibits its recipient from discussing its existence, and representatives of Verizon declined to comment Wednesday evening.
The four-page order was disclosed by the newspaper The Guardian. Obama administration officials at the FBI and the White House also declined to comment on it Wednesday evening, but did not deny the report, and a person familiar with the order confirmed its authenticity.
“We will respond as soon as we can,” said Marci Green Miller, a National Security Agency spokeswoman, in an e-mail.
The FBI sought the order under a section of the Foreign Intelligence Surveillance Act, the 1978 law that regulates domestic surveillance for national security purposes, including “tangible things” that the law defines as business records. The provision was expanded by Section 215 of the Patriot Act, which Congress enacted after the 9/11 terrorist attacks.
The order was marked “TOP SECRET//SI//NOFORN,” referring to communications-related intelligence information that may not be released to noncitizens. That would make it among the most closely held secrets in the federal government, and its disclosure comes amid a furor over the Obama administration’s aggressive tactics in its investigations of leaks.
The collection of call logs is set to expire in July unless the court extends it.
The mass collection of communications logs, or calling “metadata,” was believed to be a major component of the Bush administration’s surveillance program that took place without court order under the Foreign Intelligence Surveillance Act. The order would suggest that the government later continued a form of that aspect of the program by bringing it under the Patriot Act.
The disclosure late Wednesday seemed likely to set off a new furor over the scope of government surveillance.
Kate Martin of the Center for National Security Studies, a civil liberties advocacy group, said that “absent some explanation I haven’t thought of, this looks like the largest assault on privacy since the NSA wiretapped Americans in clear violation of the law” under the Bush administration.
“On what possible basis has the government refused to tell us that it believes that the law authorizes this kind of request?” she said.
For several years, two Democrats on the Senate Intelligence Committee, Ron Wyden of Oregon and Mark Udall of Colorado, have been cryptically warning that the government was interpreting its surveillance powers under that section of the Patriot Act in a way that would be alarming to the public if it knew about it.
The order requires Verizon to provide ‘ongoing, daily’ information.
“We believe most Americans would be stunned to learn the details of how these secret court opinions have interpreted section 215 of the Patriot Act,” they wrote last year in a letter to Attorney General Eric H. Holder Jr.
They added: “As we see it, there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows. This is a problem, because it is impossible to have an informed public debate about what the law should say when the public doesn’t know what its government thinks the law says.”
A Wyden spokesman did not respond Wednesday to a request for comment on the Verizon order.
The senators were angry because the Obama administration described Section 215 orders as being similar to a grand jury subpoena for obtaining business records, like a suspect’s hotel or credit card records. The senators said the secret interpretation of the law was nothing like that.