Verizon Wiretapping - Mclu Additional Comments

MAINE CIVIL LIBERTIES UNION FOUNDATION June 21, 2006 THIS IS A VIRTUAL DUPLICATE OF THE ORIGINAL HARDCOPY SUBMITTED TO THE COMMISSION IN ACCORDANCE WITH ITS ELECTRONIC FILING INSTRUCTIONS. Andrew S. Hagler, Esq. State of Maine Public Utilities Commission 242 State Street Statehouse State 18 Augusta, Maine 04333-0018 Re:

JAMES D COWIE, ET AL. Request for Investigation, Docket No. 2006-274

Dear Mr. Hagler: The Maine Civil Liberties Union appreciates the opportunity to comment on the above referenced matter. Through our work at the National level and here in Maine, we have gained valuable knowledge about technology and personal privacy. Hopefully, this knowledge will prove valuable to the Commission as it continues with its investigation. The MCLU is concerned about Verizon Maine’s recent intimation that a complaint filed by the Department of Justice in Federal Court in New Jersey should have any effect on the Commission’s decision as to whether to open an investigation here in Maine. Arguments presented in complaints have no legal authority anywhere. Even assuming for purposes of argument that the District Court in New Jersey agrees with the Department of Justice’s position, such a holding does not control the actions of the Public Utilities Commission, or anybody else in the State of Maine. Title 35-A obligates the Commission to protect the privacy rights of Maine telephone customers. Nothing in Maine law prevents the Commission from fulfilling that obligation. If Verizon Maine has defenses for its alleged conduct, the proper time to present them is during an investigation. We urge the Commission to open an investigation promptly. Very truly yours,

Zachary L. Heiden, Esq.

401 Cumberland Avenue • Suite 105 • Portland, Maine 04101 • 207 774-5444 • Fax 207 774-1103