Sept. 27,2006
The Washington Utilities and Transportation Commission will defer investigating claims that telephone companies shared private customer information with the federal government until the federal courts decide key legal issues, the Commission announced Sept. 27.
(See press release for announcement on this decision)
The commission discussed the ACLU's request and heard from interested persons at its May 31 open public meeting. The commission decided to ask for comments from interested persons on threshold legal and jurisdictional issues relevant to the request for investigation, and to meet again after considering the comments. Specifically, the commission invites comments on the following preliminary questions:

• Does WAC 480-120-202 or any other state law or regulation prohibit a regulated telephone company or its affiliated interests from providing customer telephone calling information to the National Security Agency (NSA)?
• Does the Commission have the legal authority to compel a regulated telephone company or its affiliates to disclose whether it has provided customer calling information to the NSA?
• Does the Commission have the legal authority to compel regulated telephone companies or their affiliates to release relevant information about such allegations?
• Would an assertion of the military and state secrets privilege by the United States Government preclude the Commission from taking action against a regulated telecommunications company?
• If the Commission decides to investigate the matter raised in the ACLU’s May 25, 2006, letter, which procedural options would be most appropriate? (e.g., informal investigation, formal investigation, complaint).