INTERCEPT OF COMMUNICATIONS IN THE U. S.

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01430428
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: January 29, 1973

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29 January 1973
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. MEMORANDUM FOR:. Acting Chief,
SUBJECT:
REFERENCE:
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Intercept of Communications in the U. S.(b)(3)
26 Tan 73 Memo for CC fr AC
Same Subject
I. In referent you request our views as to the lecral
aspects of a radio telephone intercept a.-ctivitv
2. The basic law is contained in section 605 of the
Communications Act of 1934, 47 U. S. C. 605, which prohibits
interception of any radio communication without the authoriza-
tion of the sender and also prohibits divulging the substance
thereof to any person. Chapter 119 of Title 18, U.S. C., makes
the interception of any- wire or oral communication a crime
punishable by $10,000 or five years' imprisonment, or both.
There are two exceptions to these prohibitions:
a. The first provides for application through
the Department of Justice to a Federal court for a
court order authori:2.-.ing such interception for specific
purposes in connection with law-enforcement
Since this Agency is prohibited by statute.frorn. any .
-police or law-enforcement activities, obviously we
cannot operate under this exception.
b. The other exception is contained in section 2511
of Title 18, U.S. C. , at subsection (3). his provides
that the 'prohibition cited above on interception shall not
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limit the constitutional po,.r.-er of the President to take
such (rc:asures as he deems necessary to protect a.-;;-,..?...11st -
attack, to obtain foreign intelligence information deemed
essential to the security of the United States or to protect
such information, and to protect the United States against
overthrow by force or other unlawful means or against any .
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other clear- and 3::)r-esent 6.-anger to th.structure or e:Kister_ce
of the Government.
3. Th type of information you describe 2.r. yo
.does not appear to fall within any of these categories
it appears to be collection for law-
enforcement purposes, which as noted above is barred to this(b)(3)-Wcv
by statute.
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4. For your information) in most cases where there is a-
criminal prosecution for violation of-the narcotics laws, the bepa,-t-
merit of Justice queries us as to whether we have engaged in any
interception in connection with the defendants. If a case should
involve the interception it woul(b)(1)
be deemed to be unauthorized and in all prooabiiity tne p..osecutic(b)(3)
would have to be dropped by the Government. It is our view, there-
fore, that such interception should be carried on by appropriate
law-enforcement agencies in accordance with the authority of
chapter 119 of Title 18, U.S. C.
Distribution: .
Copy 1-Addressee
Copy 2.General Counsel
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.LAWRENCE R. HOUSTON
General Counsel
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