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(a) Inserting, at the end of the sectional analysis preceding section 241 thereof, the following new section caption : "245. Interception of wire communications."

(b) Inserting immediately after section 244 thereof, the following new section : "§ 245. Interception of wire communications

“Whoever, without authorization from the sender and the recipient of any wire communication by common carrier, willfully intercepts, or attempts to intercept, or procures any other person to intercept or attempt to intercept, or conspires with any other person to intercept or attempt to intercept such wire communication, except in compliance with the second paragraph of this section, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

“Whenever the Attorney General has reason to believe that evidence of the commission of any crime punishable under chapter 37, chapter 105, or chapter 115 of this title, or under section 4 or section 15 of the Subversive Activities Control Act of 1950, may be obtained through the interception of any wire communication, he may so certify in writing and designate in such certificate any United States Attorney, Assistant United States Attorney, or officer or attorney of the Department of Justice authorized by him to make application for an order allowing such interception pursuant to this paragraph. Any officer or attorney so authorized may file with any judge of the District Court of the United States for the district within which such interception is sought an application for an ex parte order allowing such interception. Such application shall be supported by the authorizing certificate of the Attorney General and such oral or other evidence as the judge may require to determine whether there is reasonable ground for belief that such interception will result in the procurement of evidence of the commission of any such crime. If, after hearing upon such application, the judge determines that such ground has been shown, he shall issue an order allowing such interception. Each such order shall specify the person or persons whose communications may be intercepted, the purpose of such interception, and the identity of the individual or individuals authorized to make such interception. No such order shall be effective for a period longer than six months unless renewed for a period not in excess of six months, by the judge who issued the original order, after a hearing and determination by him that reasonable ground for continued interception has been shown. No such order shall authorize any such interception by any individual unless such individual is a duly appointed investigative officer of a department or agency of the United States who has been designated by the Attorney General to conduct such interception. Any such order, together with the papers upon which the application therefor was based, shall be retained by the individual or individuals conducting such interception as authority for such interception, and a true copy of such order shall be retained by the judge who issued such order.

“As used in this section

“(a) The term 'wire communication' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services incidental to such transmission;

(b) The term 'common carrier' means any person engaged, as a common carrier for hire, in wire communication (1) in interstate or foreign commerce, (2) in intrastate commerce, if its communications facilities are physically connected with the communications facilities of any such carrier engaged in interstate or foreign commercce, or (3) within the District of Columbia or any Territory or possession of the United States; and

"(c) The term 'person' includes an individual, partnership, association, jointstock company, trust, or corporation."

SEC. 2. The proviso contained in section 605 of the Communications Act of 1934 (48 Stat 1103; 47 U. S. C. 605) is amended to read as follows: "Provided, That this section shall not apply to the interception, receiving, divulging, publishing, or utilizing the contents of (a) any radio communication broadcast, or transmited by amateurs or others for the use of the general public, or relating to ships in distress, or (b) any wire communication intercepted by any individual in compliance with the second paragraph of section 245 of title 18 of the United States Code."

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[Confidential subcommittee print, May 6, 1954]

[S. 3229, 83d Cong., 2d sess. ]
Amendments intended to be proposed by Mr. McCarran

[Omit the part in black brackets and insert the part printed in italic) A BILL To prohibit wiretapping by any person other than a duly authorized law-enforce

ment officer engaged in the investigation of offenses involving the internal security of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 13 of title 18 of the United States Code, entitled "Civil Rights”, is amended by

(a) Inserting, at the end of the sectional analysis preceding section 241 thereof, the following new section caption : “245. Interception of wire communications."

(b) Inserting immediately after section 244 thereof, the following new section: "§ 235. Interception of wire communications

"Whoever, without authorization from the sender and the recipient of any wire communication by common carrier, willfully intercepts, or attempts to intercept, or procures any other person to intercept or attempt to intercept, or conspires with any other person to intercept or attempt to intercept such wire communication, except in compliance with State law or, in any case of an interception by a Federal officer or employee, in compliance with the second paragraph of this section, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

"Whenever the Attorney General has reason to believe on the basis of a request by the head of any Federal investigative agency for action pursuant to this section that evidence of the commission of any crime punishable under chapter 37, chapter 105, or chapter 115 of this title, or under section 4 or section 15 of the Subversive Activities Control Act of 1950, may be obtained, or that the commission of any such crime may be prevented, through the interception of any wire communication, he may so certify in writing and designate in such certificate any United States Attorney, Assistant United States Attorney, or officer or attorney of the Department of Justice authorized by him to make application for an order allowing such interception pursuant to this paragraph. Any officer or attorney so authorized may file with any judge of the United States Court of Appeals for the District of Columbia Judicial Circuit an application for an ex parte order allowing such interception. Such application shall be supportde by the authorizing certificate of the Attorney General and by the basic request from the Federal investigative agency head and by such oral explanation as the judge may require to determine whether there is reasonable ground for belief that such interception will result in the procurement of evidence of, or the prevention of, the commission of any such crime. If the judge determines that such ground has been shown, he shall issue an order allowing such interception. Each such order shall specify the circuit or circuits upon which communications may be intercepted, the purpose of such interception, and the identity of the individual or individuals authorized to make such interception. No such order shall be effective for a period longer than six months unless renewed for a second or subsequent period not in excess of six months, after a new determination by the judge in the case of each renewal that reasonable ground for continued interception has been shown. No such order shall authorize any such interception by any individual unless such individual is a duly appointed investigative officer of a department or agency of the United States which has been designated by the Attorney General to conduct such interception. Any such order, together with the papers upon which the application therefor was based, shall be retained by the individual or individuals conducting such interception as authority for such interception, and a true copy of such order shall be retained by the judge who issued such order.

"As used in this section

“(a) The term 'wire communication' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like communication between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services incidental to such transmission;

“(b) The term 'common carrier' means any person engaged, as a common carrier for hire, in wire communication (1) in interstate or foreign commerce, (2) in intrastate commerce, if its communications facilities are physically connected with the communications facilities of any such carrier engaged in interstate or foreign commerce, or (3) within the District of Columbia or any Territory or possession of the United States; and

"(c) The term 'person' includes an individual, partnership, association, jointstock company, trust, or corporation.

(d) The term "intercepts' or 'intercept shall not include anything done in the normal operation or use of a common carrier communications system."

SEC. 2. proviso contained in section 605 of the Communications Act of 1934 (48 Stat. 1103; 47 U. S. C. 605) is amended to read as follows: "Provided, That this section shall not apply to the interception, receiving, divulging, publishing, or utilizing the contents of (a) any radio communication broadcast, or transmitted by amateurs or others for the use of the general public, or relating to ships in distress, or (b) any wire communication intercepted by any individual in compliance with the second paragraph of section 245 of title 18 of the United States Code; nor be deemed to prohibit the use by Federal law-enforcement officials, in connection with the prosecution or prevention of any crime affecting the internal security of the United States, of any information obtained as a result of any interception, not in violation of section 245 of title 18 of the United States Code, of any wire or radio communication."

[S. 2753, 83d Cong., 2d sess. ] A BILL To allow admission of certain types of evidence in the Federal courts of the United of 1934 (48 Stat. 1103). The information thus obtained shall be admissible in evidence, but only when such evidence is offered in a criminal or civil proceeding involving any of the foregoing violations in which the United Statees Government is a party : Provided, That prior to acquiring or intercepting the communications from which the information is obtained, an authorized agent of any one of said investigatorial agencies shall have been issued a permit by a judge of any United States court, authorizing the agent to acquire or intercept such communications.

States against defendants prosecuted for treason, espionage, and other crimes involving the national security

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 605 of the Communications Act of 1934 approved June 19, 1934 (48 Stat. 1103), is hereby amended by changing the period at the end thereof to a colon and by adding thereafter the following words: Provided further, That this section shall not apply to any future or past reception or interception of any communication nor to any future or past divulging, publishing, or use of the existence, contents, substance, purport, effect, or meaning of any communication (a) if such reception, interception, divulging, publishing, and use, whether occurring heretofore or hereafter, was or is for the purpose of aiding a prosecution in the Federal courts of the United States for treason, espionage, or any other crime involving the national security, or (b) if such communication, whether occurring heretofore or hereafter, is relevant or material to the prosecution in such courts of any person charged with any such crime."

[S. 832, 83d Cong., 1st séss. ] A BILL To authorize acquisition and interception of communications in interest of national

security and defense Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Director of the Federal Bureau of Investigation of the Department of Justice; the Director of the Military Intelligence Division of the Department of the Army; the Director of Intelligence, United States Air Force; and the Chief of the Office of Naval Intelligence of the Navy Department are authorized under rules and regulations as prescribed by the Attorney General, in the conduct of investigations, to ascertain, prevent, or frustrate any interference or any attempts or plans for interference with the national security and defense by treason, sabotage, espionage, seditious, conspiracy, violations of neutrality laws, violations of the Act requiring the registration of agents of foreign principals (Act of June 8, 1938, as amended (52 Stat. 631)); violations of the Act requiring the registration of organizations carrying on certain activities within the United States (Act of October 17, 1940 (54 Stat. 1201)), or in any other manner, to require that telegrams, cablegrams, radiograms, or other wire or radio communications and copies or records thereof, or, upon the express written approval of the Attorney General, that any information obtained by means of intercepting, listening in on, or recording telephone, telegraph, cable, radio, or any other similar messages or communications, be disclosed and de-, livered to any authorized agent of any one of said investigatorial agencies, with: out regard to the limitations contained in section 605 of the Communications Act

(b) Upon application by any authorized agent of any one of said investigatorial agencies to acquire or intercept communications in the conduct of investigations pursuant to this section, a judge of any United States court shall issue a permit, signed by the judge with his title of office, authorizing the applicant to acquire or intercept such communications, if the judge is satisfied that there is reasonable cause to believe that the communications may contain information which would assist in the conduct of such investigations.

(c) No person shall fail to comply forthwith with the request of any duly authorized person, pursuant to this section, for the disclosure and surrender of any telegram, cablegram, radiogram, or other wire or radio communication, or copies or records thereof in his possession or under his control.

(d) No person shall divluge, publish, or use the existence, contents, substance, purport, or meaning of any information obtained pursuant to the provisions of this section otherwise than for the purposes hereinbefore enumerated.

(e) Any person who willfully and knowingly violates any provision of this section shall be guilty of a felony and upon conviction thereof shall be fined not more than $10,000 or imprisoned not more than two years, or both.

(f) If any provision of this section or the application of such provision to any circumstances shall be held invalid, the validity of the remainder of this section and the applicability of such provision to other circumstances shall not be affected thereby.

(8) For purposes of this section the term “person" shall include any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

(h) The Attorney General is hereby authorized to prescribe such rules and regulations as he may deem necessary to carry out the provisions of this section.

us.

STATEMENT OF HON. HERBERT BROWNELL, JR., ATTORNEY

GENERAL OF THE UNITED STATES Attorney General BROWNELL. It is very heartening to us in the Department how deeply concerned this subcommittee is over the shameful history of Communist espionage in our Government and in other segments of our society and the betrayal of our vital secrets. You are seeking to find a new and fair solution to a very old problem by your present inquiry into the pending wiretap evidence proposals.

This is no easy task, I need not remind you. The wiretapping controversy has raged for many years. The problem touches each of

How can we best achieve a proper balance between the safety of the Nation and the precious liberties of our people?

Every Attorney General over the last 20 years has favored and authorized wiretapping by Federal officers in cases involving our national security. This policy adhered to by my predecessors has been taken with the full knowledge, consent and approval of Presidents Roosevelt and Truman.

The first point I would like to make to you this morning is that none of the proposals before you gives the Attorney General or any other Government official any additional power to tap wires over and beyond that which has been exercised since 1941.

As you know, much of the evidence now available of the illegal actions of Communists and of their future plans, has been derived from wiretapping by the Federal Bureau of Investigation under supervision of various Attorneys General.

Now we come to the point of the controversy. Wiretap evidence, information so collected, is not admissible in prosecutions in Federal courts. This is not because of any provision of our Constitution. On the contrary, the Supreme Court has held that introduction of wiretapping evidence neither violates rights against unlawful search or seizure under the fourth amendment nor rights against self-incrimination under the fifth amendment. So it is not a constitutional question.

The only reason wiretapped evidence is presently inadmissible in the Federal courts is that the Supreme Court has construed section 605 of the Federal Communications Act, enacted in 1934, as a bar to admitting such evidence even when obtained by Federal officers.

Now information is not an end in itself. The information gained is important to the extent that it can be used promptly to forestall threatened danger to our internal security. It is equally essential that the information we obtain be admissible in court at the proper time and proper place to accomplish the objective of jailing those who have offended our laws.

Now about section 605: Under Section 605, as construed by the Supreme Court, the wiretaps might disclose that the accused has stolen and peddled important bomb secrets, or that he was plotting the assassination of a high Government official, or that he was about to blow up a strategic defense plant or commit some other grave offense against our national security. Yet neither the information obtained thereby, nor other information or clues to which the wiretaps indirectly led, could be introduced to convict this defendant. Indeed, if either all the evidence or any part of the vital evidence was obtained through this means, the defendant would go scot-free.

That was the problem in the Coplon case, the so-called Judy Coplon case, where the conviction which was obtained was reversed by the court of appeals. Even though Judge Learned Hand, speaking for the court of appeals, refused to dismiss the indictment because he said the guilt was plain. Senator WILEY. Would it not be well at this time in

your

statement to put into the record section 605 ?

Attorney General BROWNELL. An excellent idea. Senator WILEY. It is so ordered. (Sec. 605 follows:) SEC. 605. No person receiving or assisting in receiving, or transmitting, or assisting in transmitting, any interstate or foreign communications by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, or to the master of a ship under whom he is serving, or in response to a subpoena issued by a court of competent jurisdiction, or on demand of other lawful authority. And no person not being authorized by the sender shall intercept any communication and divulge or pub lish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person, and no person not being entitled there shall receive or assist in receiving any interstate or foreign communication by wire or radio and use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto, and no person having received such intercepted communication or having become acquainted with the

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