Phone companies failed to warn senators about surveillance, Wyden says
Government surveillance of lawmakers, though legal, raises concerns that members of Congress cannot effectively legislate when they are being spied on.
Alfred Ng 05/21/2025, 12:07pm ET
Sen. Ron Wyden (D-Ore.) revealed in a new letter to Senate colleagues Wednesday that AT&T, Verizon and T-Mobile failed to create systems for notifying senators about government surveillance on Senate-issued devices — despite a requirement to do so.
Phone service providers are contractually obligated to inform senators (what about Congress Members), when a law enforcement agency requests their records, thanks to protections enacted in 2020.But in an investigation, Wyden’s staff found that none of the three major carriers had created a system to send those notifications.
“My staff discovered that, alarmingly, these crucial notifications were not happening, likely in violation of the carriers’ contracts with the [Senate Sergeant at Arms], leaving the Senate vulnerable to surveillance,” Wyden said in the letter, obtained first by POLITICO, dated May 21.
Wyden said that the companies all started providing notification after his office’s investigation. But one carrier told Wyden’s office it had previously turned over Senate data to law enforcement without notifying lawmakers, according to the letter. When reached for comment, spokespeople for AT&T and Verizon defended their companies against accusations of noncompliance.
“We are complying with our obligations to the Senate Sergeant at Arms,” said AT&T spokesperson Alex Byers in a statement. “We have received no legal demands regarding Senate offices under the current contract,which began last June.” Said Verizon spokesperson Richard Young in a statement, “We respect the Senator’s view that providers should give notice to Senators if we receive legal process regarding their use of their personal devices,but disagree with his policy position.”T-Mobile did not immediately respond to requests for comment.
Despite the positive outcome of the staff inquiry, Wyden warned senators that holes in the system still exist, specifically when it comes to personal devices.Major carriers are required to disclose government records requests only for Senate-issued devices, but lawmakers commonly use devices outside of that scope.
“[S]ignificant gaps remain, especially for the campaign and personal phones used by most senators,” Wyden wrote.
AT&T and Verizon told Wyden thatthey will now provide notice of surveillance only for phone lines issued by the Senate, while T-Mobile agreed to also provide notice for senators’ personal and campaign devices.
In the meantime, Wyden recommended for senators and their staff to consider switching to mobile providers that offer surveillance notifications for both their personal and campaign devices. He also flagged cybersecurity concerns within the Senate,pointing out that senators’ personal and campaign devices don’t have the same protections enjoyed by agencies like the Departments of State and Defense.
This all comes as Wyden is seeking to secure new regulations in the legislative branch appropriations bill that would allocate government resources to protect senators’ personal devices. He proposed legislation to this effect in 2019 with Sen. Tom Cotton (R-Ark.) in the wake of Russian hacking threats from the 2016 election, but the bill never advanced out of committee.
While it’s legal for the government to conduct surveillance of lawmakers in certain situations, it raises concerns that members of Congress cannot effectively legislate when they know are being spied on.
A Justice Department watchdog report published last December revealed that the first Trump administration had requested communication records of 43 congressional staffers. That confirmed a 2021 report in the New York Times that Trump officials had subpoenaed digital records from members of Congress and their families. The DOJ report found that the surveillance threatened “Congress’s ability to conduct oversight of the executive branch.” (They fail to mention that Nunes, Patel and many others were tapped by Rosenstein and the FBI, this was not approved by TrumpShouldn't the citizens be treated the same way?)
https://www.politico.com/live-updates/2025/05/21/congress/exclusive-phone-companies-failed-to-warn-senators-about-surveillance-wyden-says-00361400