Hold the Phone

In the difficult days after 9/11, White House officials quietly passed the word through Washington's alphabet soup of intelligence agencies: tell us which weapons you need to stop another attack. At the supersecretive NSA, the National Security Agency (also known as No Such Agency), the request came back: give us permission to collect information on people inside the United States. The NSA had been struggling, without much success, to listen in on terrorists who use cheap and easily available encrypted phones, and officials eagerly drew up a wish list, according to a participant in the discussions. This source, who declined to be identified discussing sensitive matters, said NSA officials did not really expect the White House to say yes to domestic spying. After scandals over wiretapping erupt-ed in the 1970s, the code breakers and electronic sleuths at the NSA had been essentially restricted to eavesdrop-ping on conversations between foreigners abroad. American residents and even most foreign visitors to the United States were off-limits to "Big Noddy," as NSA insiders call their giant "Ear in the Sky" surveillance capability.

But after 9/11, president George W. Bush wanted fast action. He believed that most Americans thought their government should do whatever was necessary to catch terrorists before they struck again. Though the details remain highly classified, the "National Security Presidential Directives" issued by Bush called for an all-out war on terrorism, including, it is generally believed, expanded electronic surveillance. Out went the old rules--a 1980 document called "U.S. Signals Intelligence Directive 18," which sharply limited domestic surveillance; in came a new, still dimly understood regimen of domestic spying.

Desperate times call for desperate measures. In times of war, open societies have been will-ing to accept the need for secret spy services. Americans now spend upwards of $40 billion a year on intelligence. Given a hard choice between security and privacy, most Americans would probably choose to sacrifice some of the latter to get more of the former. The harder question is whether the techno wizards at the NSA, overwhelmed by tidal waves of digital data, searching for tiny poisonous fish in a giant sea, can provide true security from another 9/11.

There can be no doubt that Bush correctly read the public mood in the days and weeks following the 2001 attacks. And had the president sent a bill up to Capitol Hill giving the NSA broad powers to wiretap and eavesdrop inside the United States, in all likelihood, the lawmakers would have shouted it through. But the president did not ask for public support. Instead, like most chief executives charged with running the modern national-security state, he chose the path of secrecy. True, the administration's spymasters confidentially briefed congressional leaders on the new eavesdropping program. But some of the lawmakers now claim they were confused, or misled, or somehow did not fully understand what the spooks were telling them. Perhaps the legislators weren't fully informed. Or perhaps they didn't really want to hear what they were told.

In any case, the story eventually, and inevitably, leaked. Last December, The New York Times revealed that the NSA had eavesdropped on thousands of phone calls between people in the United States and foreign countries without first obtaining warrants. Then, last week, USA Today reported that the NSA had amassed a vast database of billions of calls inside the United States--not the content of the calls themselves, but a record of when and to which phone numbers the calls were made and for how long. (The government did not ask the phone companies for names and addresses, but the simplest Internet search of a phone number can divulge that information.) The revelation was another blow to Bush, whose approval rating in the new news-week Poll dipped to 35 percent, his record low in the survey, and it may slow the administration's plan to find a CIA director who can restore morale at the beleaguered intelligence agency. The brewing scandal is likely to entangle the government and the phone companies that helped in a legal morass.

Administration officials have always insisted that any eavesdropping or "data collection" had been narrowly focused on Al Qaeda terror suspects. It is hard to determine if the NSA goes on fishing expeditions. A senior administration of-ficial, who declined to be identified discussing classified matters, acknowledged to NEWSWEEK that the NSA had crunched through vast databases to help identify suspects who may have then been subjected to electronic eavesdropping, either without a warrant or under court order. This official claimed that the NSA program had helped gather evidence that had foiled terrorist operations, though the official would not be more specific. If the program "leads to one disruption of another 9/11, then it would be worth it," said the offi-cial. But other administration officials interviewed by NEWSWEEK questioned whether the fruits of the NSA program--which they doubted, though not publicly at the risk of losing their jobs--have been worth the cost to privacy. And many Americans naturally wondered whether Big Brother was watching or listening in ways that are still unknown. There are hints, for instance, that the government has been fishing the Internet as well as the phone lines.