Bowing to national security concerns, the FCC won抰 investigate whether phone companies violated consumer privacy by giving the National Security Agency phone records, Chmn. Kevin Martin said in a letter to Rep. Edward Markey (D-Mass.). Markey, a senior House Democrat on telecom issues, had called for an investigation of whether phone companies violated Sec. 222 of the Communications Act, which requires carriers to protect the confidentiality of customer information. Martin said an investigation wouldn抰 be appropriate because of security concerns expressed by John Negroponte, dir. of National Intelligence, and NSA Dir. Keith Alexander. 揟he representations of Dir. Negroponte and Gen. Alexander make clear that it would not be possible for us to investigate the activities addressed in your letter without examining highly sensitive classified information,?Martin said in his letter. 揟he Commission has no power to order the production of classified material.?Martin also said the statutory privilege that applies to NSA activities under the National Security Act of 1959 effectively prohibits an investigation. nnMarkey said he was disappointed that the Commission won抰 even launch an investigation. 揥e can抰 have a situation where the FCC, charged with enforcing the law, won抰 even begin an investigation of apparent violations of the law because it predicts the Administration will roadblock any investigations citing national security,?Markey said in a written statement. 揟he call for an investigation was misguided,?said Senate Commerce Committee Chmn. Ted Stevens (R-Alaska) in comments after Republican policy lunches: 揟here was nothing much to examine.?Stevens said he had been briefed on the phone company program and believed the information the companies gave the NSA was equivalent to creating a database of the names and phone numbers in a phone book.
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