Rep. Jim Cooper (D-TN) and NRECA CEO Glenn English

This is video from the 06-26-08 hearing by the House Oversight and Government Reform Committee. NRECA CEO Glenn English states Mr. Cooper is currently under investigation by the Federal Bureau of Investigation for his unauthorized access and downloading of information from NRECA's password-protected website in violation of the Federal Computer Fraud and Abuse Act.

Below is NIT's transcript of the exchange. If Rep. Cooper was given someone's password who did not have the authority to share that password, Rep. Cooper and the co-op member could face serious legal issues. It all boils down to whether the person who provided the passworded access had the authority to share that access. Mr. English asserts no one with authority to do so gave Mr. Cooper that access.

REP. JIM COOPER: I don't think it's been acknowledged in this hearing the fact that if you look the NRECA's real website, the secret, password protected one, they offer lots of legal or quasi legal advice. For example, through the Electric Co-op Bar Association, and other entities, there are elaborate slide shows, for example, that tell you how to fill out the 990 form. In the earlier panel they talked about how in Texas what some 40% of those forms are misfilled out. So I think the trade association, to the extent it tries to give legal advice, should take some responsibility for practices, board practices and other practices that may not adhere to the high ethical standard that I think the average co-op member back home wants their co-op to adhere to because these were not ever intended to be average. These were supposed to be idealistic organizations that did the most to server the consumer interest by cutting their light bills, and not to have organizations that raise rates unnecessarily as the TVA Inspector General has found that too many of ours have done. So, will the gentleman care to inform us on the slideshows and other informational materials on the secret, password protected website like this document that he refused to give to my office, to Mr. Watson or anyone else who inquired, even though it's superb legal research. It's extraordinarily well done, and it backs up the premise that co-ops need to behave in order to retain their tax exemption status.

GLENN ENGLISH: Mr. Chairman, I'm sorry that Mr. Cooper raised this issue and asked me that question when I was hoping we were gonna avoid this, but um. The reference that he made was with regard to a private website and gave even a website that provides access to members' 401ks and also their retirement benefits, and NRECA's counsel has advised me that Mr. Cooper is currently under investigation by the Federal Bureau of Investigation for his unauthorized access and downloading of information from NRECA's password protected website, and that's in violation of the Federal Computer Fraud and Abuse Act. These abuses...

REP. JIM COOPER: Will the gentleman yield?

GLENN ENGLISH: accesses occurred on a House.gov IP address on December 10th, 11th, 12th and 14th of 2007. And to in order to not jeopardize that investigation, I'd prefer not to answer any questions with regard to those matters that downloaded.

REP. JIM COOPER: Will the Chairman give me a moment to respond?

REP. HENRY WAXMAN: Yes, the gentleman may, uh...

REP. JIM COOPER: I had authorization to use the website from someone who gave me their password and information.

GLENN ENGLISH: The only people that could give you authorization is myself or others at NRECA and a limited numbers of others. Like I said, this is a matter that are under investigation by the FBI. You can take it up with them.

REP. HENRY WAXMAN: Alright. I think we've explored this issue at great length, but I think there's still some matters left to be resolved, and uh, we'll continue to pursue uh, what to uh, an urban guy like me is an intersting and surprising turn of events. So, uh, we, uh, I think have concluded the hearing for today and uh, we stand adjourned.

UPDATE 1:44pm - NRECA Attorney Nick Akerman told NIT on a conference call just now that NRECA knows the username and password used by Rep. Jim Cooper to access the website in question. When asked by NIT whether that user had the authority to grant third party access to the website in question, Mr. Akerman said, "No."

Given the case law citied in the call by NRECA legal counsel, and the following acknowledgement (page 350-351) by Rep. Jim Cooper that the website is protected, the legal trouble ahead for Rep. Jim Cooper could be serious.

The most informative NRECA website, www.cooperative.com, is password-protected so that no outsider can access it.104 Even co-op insiders seem to be unfamiliar with the site.105