Petition From Mclu To Intervene

ELECTRONICALLY FILED ON MAY 16, 2006 STATE OF MAINE PUBLIC UTILITIES COMMISSION __________________________________________ JAMES D COWIE, ET AL. ) ) PETITION TO INTERVENE RE: Request for Commission Investigation ) NOTICE OF INTERVENTION Into Whether Verizon is Cooperating in Maine ) With the National Security Agency’s ) Warrantless Domestic Wiretapping Program ) ) May 16, 2006 Docket No. 2006-274 ) THIS IS A VIRTUAL DUPLICATE OF THE ORIGINAL HARDCOPY SUBMITTED TO THE COMMISSION IN ACCORDANCE WITH ITS ELECTRONIC FILING INSTRUCTIONS The Maine Civil Liberties Union (MCLU), by and through its counsel Zachary L. Heiden, pursuant to §§ 720-22 of the Rules of Practice and Procedure (Chapter 110) of the Maine Public Utilities Commission, petitions to intervene as a party in the above-captioned proceeding and notifies the Commission of its intention to intervene. The grounds for this Petition are as follows: 1. On May 8, 2006 the Public Utilities Commission commenced an investigation into whether Verizon is cooperating in Maine with the National Security Agency’s warrantless domestic wiretapping program. 2. The MCLU represents over 3,000 members in the State of Maine, some of whom desire privacy and anonymity regarding their associations in general, and regarding their membership and support of the MCLU in particular. These members are also committed to ensuring the preservation of the right to privacy. The MCLU and its parent organization, the American Civil Liberties Union, have hosted meetings and prepared reports on technology and liberty, surveillance, data mining, and privacy. 3. The people of Maine are entitled to a right to privacy with regard to their phone conversations. 35-A M.R.S.A. § 7101-A(1). The right to free association and free speech (including anonymous speech) are guaranteed by the First Amendment to the United States Constitution and Article One, Section Four of the Constitution of the State of Maine. 4. The MCLU has gained expertise in surveillance technology and privacy issues through its advocacy activities, which positions it to investigate the liberty and privacy interests at stake in this

investigation. Recently, the MCLU launched an investigation of surveillance activity by the FBI and the Department of Defense, which uncovered evidence of warrantless surveillance of critics of governmental policy. 5. If in fact Verizon is cooperating in Maine with the NSA surveillance program, it is contrary to the right to privacy that the people of Maine enjoy. This program jeopardizes the right of speakers to remain anonymous; the right of journalists to assure confidentiality to government sources; and the right of organizations to protect the anonymity of members. 6. The MCLU wishes to intervene as a person that may be substantially and directly affected by the proceeding. § 720(A) of the Rules of Practice and Procedure (Chapter 110) of the Maine Public Utilities Commission. The MCLU’s ability to assure its members and supporters that their membership in the MCLU will remain anonymous would be jeopardized if Verizon is disclosing private personal data concerning contact with the MCLU. 7. The MCLU alternatively wishes to intervene as an interested person on behalf of its members. § 721 of the Rules of Practice and Procedure (Chapter 110) of the Maine Public Utilities Commission. The MCLU is committed to defending the right to privacy, the right to free association, and the right to free speech, which are at stake in this investigation. 8.

The MCLU wishes to intervene as a full party to the proceeding.

9. The MCLU intends to seek evidence of the technology being used for surveillance; the enticement used for Verizon participation in this program; the nature of any records disclosed; the steps taken by Verizon to ensure customer privacy; the targeting of government critics for investigation; any other relevant information. 10. The MCLU intends to submit arguments regarding the impact of warrantless domestic wiretapping on the civil rights and liberties of the people of Maine including the right to privacy, the right to free speech, and the right to association. WHEREFORE, Petitioner requests this Commission to permit the Maine Civil Liberties Union to intervene in the above-captioned proceedings.

Respectfully submitted, May 16, 2006

/s/ Zachary L. Heiden Zachary L. Heiden, Esq. (Maine BBO No. 9476) Maine Civil Liberties Union Foundation 401 Cumberland Avenue, Suite 105 Portland, Maine 04101 (207)774-5444 Counsel for Maine Civil Liberties Union 2