Senators Not Notified of Surveillance Requests by Major Carriers

Senator Ron Wyden, a prominent member of the Senate Intelligence Committee, revealed a critical oversight involving major U.S. cellphone carriers and their handling of government surveillance requests. In a letter to fellow Senators, Wyden disclosed that AT&T, T-Mobile, and Verizon failed to notify Senators about legal demands for surveillance, despite contractual obligations requiring such notifications.

This revelation follows a 2021 report uncovering that the Trump administration secretly obtained call and text logs of congressional staffers and lawmakers, including gag orders preventing disclosure. Wyden emphasized that such executive branch surveillance threatens Senate independence and the separation of powers, undermining Senators’ ability to perform their constitutional duties.

According to Wyden’s letter, while the carriers have now indicated they are providing notifications, the investigation found that these crucial alerts were not happening previously. One unnamed carrier even confirmed handing over Senate data to law enforcement without notifying the Senate. AT&T stated compliance with current contracts but did not clarify past practices. Verizon and T-Mobile did not comment.

Smaller carriers like Google Fi, US Mobile, and Cape have adopted policies to notify customers about government demands whenever legally permissible, some after outreach from Wyden’s office. These policies enhance transparency and empower users to challenge requests when possible.

The Senate Sergeant at Arms updated contracts in 2020 to require carriers to notify Senators of surveillance requests, but these protections do not extend to personal or campaign phones. Wyden urged Senators to switch to carriers that comply with notification policies to protect their communications from secret surveillance.

This situation highlights the ongoing challenges in balancing national security, privacy rights, and legislative oversight. It underscores the importance of transparency and accountability in government surveillance practices, especially concerning elected officials whose independence is vital to democracy.