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UC Law SF Communications and Entertainment Journal

Authors

Alan J. Chang

Abstract

In May of 2006, news broke out across the United States that the National Security Agency had compiled a call record database that consisted of numerous American consumers' private phone records. The NSA apparently obtained this data directly from four of the nation's largest phone providers at the time: AT&T, BellSouth, Verizon, and SBC. Although Congress called for an FCC investigation as to whether or not these phone companies broke the law, the Commission ultimately refused to involve itself in the matter despite the potentially immense breach of consumer privacy involved. Based on the minimal precedent to have covered this issue thus far, the results are legally inconclusive. Ultimately, however, due to the FCC's experience, discretion, and expertise, an FCC investigation is the best initial tool to properly assess the legality, or lack thereof, of the phone companies' involvement with the NSA. Therefore, to demonstrate this position, this note will cover the applicable federal law governing the FCC's role regarding the NSA Call Database, relevant case law on the matter thus far, and analyses as to why existing law indicates that the FCC should be the authority to take the first initial step in resolving the controversy. Until then, Americans are left without answers.

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