Unbelievable

Or maybe not, considering the Bush administration's established fondness for big-government intrusion and the shrinking of privacy rights.

But I was shocked — but sadly, not surprised — when I read a story from USA Today detailing how the National Security Agency, with the compliance of three large telecom companies, has been collecting data on the phone calls made and received by tens of millions of Americans.

It's all part of fighting the "war on terror," but does it really make anyone feel safer to know that the government — without first obtaining a warrant, of course — has a list of everyone you have called, and who has called you?

So you're not a terrorist, but can you really trust Bush and the government that the information won't somehow be used against you? If you're not a terrorist, what business is of the government to know who you are calling?

And doesn't this revelation — which marks yet another expansion of government intrusion into Americans' lives — mean that Bush lied when he said earlier that the government was only tracking international calls to and from possible terrorists in the United States?

What will we learn next and how scary will that be?

This story is further proof that everyone, especially U.S. senators, should be paying close attention when confirmation hearings for Gen. Michael Hayden to become director of the CIA.

Hayden was the boss at the NSA when the agency started tracking your phone calls.

NSA has massive database of Americans' phone calls

The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans - most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

"It's the largest database ever assembled in the world," said one person, who, like the others who agreed to talk about the NSA's activities, declined to be identified by name or affiliation. The agency's goal is "to create a database of every call ever made" within the nation's borders, this person added.

For the customers of these companies, it means that the government has detailed records of calls they made - across town or across the country - to family members, co-workers, business contacts and others.

The three telecommunications companies are working under contract with the NSA, which launched the program in 2001 shortly after the Sept. 11 terrorist attacks, the sources said. The program is aimed at identifying and tracking suspected terrorists, they said.

The sources would talk only under a guarantee of anonymity because the NSA program is secret.

Air Force Gen. Michael Hayden, nominated Monday by President Bush to become the director of the CIA, headed the NSA from March 1999 to April 2005. In that post, Hayden would have overseen the agency's domestic call-tracking program. Hayden declined to comment about the program.

The NSA's domestic program, as described by sources, is far more expansive than what the White House has acknowledged. Last year, Bush said he had authorized the NSA to eavesdrop - without warrants - on international calls and international e-mails of people suspected of having links to terrorists when one party to the communication is in the USA. Warrants have also not been used in the NSA's efforts to create a national call database.

In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. "In other words," Bush explained, "one end of the communication must be outside the United States."

As a result, domestic call records - those of calls that originate and terminate within U.S. borders - were believed to be private.

Sources, however, say that is not the case. With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers' names, street addresses and other personal information are not being handed over as part of NSA's domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.

(emphasis added)

Read the rest of the story here. Also, be sure to read this Q and A about the program.

UPDATED, 12:10 p.m. EDT

Predictably, Michelle Malkin wants to give the NSA a medal.

But First Amendment lawyer Glenn Greenwald, in discussing Qwest's refusal to participate in the program, notes a disturbing pattern by the Bush administration every time its spying techniques are challenged.

(T)here is one highly significant, and revealing, item buried in the USA Today article regarding Qwest's refusal to cooperate with the NSA’s demands (and it heroic refusal to capitulate to the NSA’s intimidation tactics and threats) that it turn over its customers' calling data:

The NSA, which needed Qwest's participation to completely cover the country, pushed back hard.

Trying to put pressure on Qwest, NSA representatives pointedly told Qwest that it was the lone holdout among the big telecommunications companies. It also tried appealing to Qwest's patriotic side: In one meeting, an NSA representative suggested that Qwest's refusal to contribute to the database could compromise national security, one person recalled.

In addition, the agency suggested that Qwest's foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.

Unable to get comfortable with what NSA was proposing, Qwest's lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.

The NSA's explanation did little to satisfy Qwest's lawyers. "They told (Qwest) they didn't want to do that because FISA might not agree with them," one person recalled. For similar reasons, this person said, NSA rejected Qwest's suggestion of getting a letter of authorization from the U.S. attorney general's office. A second person confirmed this version of events.

This theme emerges again and again. We continuously hear that the Bush administration has legal authority to do anything the President orders. Claims that he is acting illegally are just frivolous and the by-product of Bush hatred. And yet, as I detailed here, each and every time the administration has the opportunity to obtain an adjudication of the legality of its conduct from a federal court (which, unbeknownst to the administration, is the branch of our government which has the authority and responsibility to interpret and apply the law), it does everything possible to avoid that adjudication.