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.

QUESTIONS AND ANSWERS: The NSA record collection program

"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.

Don Weber, a senior spokesman for the NSA, declined to discuss the agency's operations. "Given the nature of the work we do, it would be irresponsible to comment on actual or alleged operational issues; therefore, we have no information to provide," he said. "However, it is important to note that NSA takes its legal responsibilities seriously and operates within the law."

The White House would not discuss the domestic call-tracking program. "There is no domestic surveillance without court approval," said Dana Perino, deputy press secretary, referring to actual eavesdropping.

She added that all national intelligence activities undertaken by the federal government "are lawful, necessary and required for the pursuit of al-Qaeda and affiliated terrorists." All government-sponsored intelligence activities "are carefully reviewed and monitored,"  Perino said.  She also noted that "all appropriate members of Congress have been briefed on the intelligence efforts of the United States."

The government is collecting "external" data on domestic phone calls but is not intercepting "internals," a term for the actual content of the communication, according to a U.S. intelligence official familiar with the program.  This kind of data collection from phone companies is not uncommon; it's been done before, though never on this large a scale, the official said.  The data are used for "social network analysis," the official said, meaning to study how terrorist networks contact each other and how they are tied together.

Read the entire article at  http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm

WASHINGTON - The government has abruptly ended an inquiry into the warrantless eavesdropping program because the National Security Agency refused to grant Justice Department lawyers the necessary security clearance to probe the matter.

The Justice Department's Office of Professional Responsibility, or OPR, sent a fax to Rep. Maurice Hinchey (news, bio, voting record), D-N.Y., on Wednesday saying they were closing their inquiry because without clearance their lawyers cannot examine Justice lawyers' role in the program.

"We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program," OPR counsel H. Marshall Jarrett wrote to Hinchey.  Hinchey's office shared the letter with The Associated Press.

Jarrett wrote that beginning in January, his office has made a series of requests for the necessary clearances. Those requests were denied Tuesday.

"Without these clearances, we cannot investigate this matter and therefore have closed our investigation," wrote Jarrett.

Justice Department spokesman Brian Roehrkasse said the terrorist surveillance program "has been subject to extensive oversight both in the executive branch and in Congress from the time of its inception."[Note that Roehrkasse calls it a "terrorist surveillance program" even though they are spying on ordinary Americans!  How can we trust our government?]

Roehrkasse noted the OPR's mission is not to investigate possible wrongdoing in other agencies, but to determine if Justice Department lawyers violated any ethical rules. He declined to comment when asked if the end of the inquiry meant the agency believed its lawyers had handled the wiretapping matter ethically.

Hinchey is one of many House Democrats who have been highly critical of the domestic eavesdropping program first revealed in December.  He said lawmakers would push to find out who at the NSA denied the Justice Department lawyers security clearance.

"This administration thinks they can just violate any law they want, and they've created a culture of fear to try to get away with that. It's up to us to stand up to them," said Hinchey.

In February, the OPR announced it would examine the conduct of its own agency's lawyers in the program, though they were not authorized to investigate NSA activities.

Bush's decision to authorize the largest U.S. spy agency to monitor people inside the United States, without warrants, generated a host of questions about the program's legal justification.

The administration has vehemently defended the eavesdropping, saying the NSA's activities were narrowly targeted to intercept international calls and e-mails of Americans and others inside the U.S. with suspected ties to the al-Qaida terror network.

Separately, the Justice Department sought last month to dismiss a federal lawsuit accusing the telephone company AT&T of colluding with the Bush administration's warrantless wiretapping program.

The lawsuit, brought by an Internet privacy group, does not name the government as a defendant, but the Department of Justice has sought to quash the lawsuit, saying it threatens to expose government and military secrets.

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On the Net:

Justice's Office of Professional Responsibility: http://www.usdoj.gov/opr/index.html

National Security Agency: http://www.nsa.gov/home_html.cfm