use of recording devices and describing in detail the operation and significance of the tone warning signal. In addition, the telephone companies should make available a special telephone number which when dialed or called, would reproduce the tone warning sound. 4. No recording device should be used in connection with interstate and foreign message toll telephone service unless, at the will of the user, it can be physically connected to and disconnected from the telephone line or switched on and off. 5. In the case of a telephone recorder physically attached to the telephone line, the equipment necessary to make such physical connection should be provided, installed, and maintained by the telephone companies. 6. Insofar as any tariff regulations now on file with this Commission have the effect of barring the use of recording devices in connection with interstate and foreign telephone service under the conditions of such use concluded above to be proper, such tariff regulations are unjust and unreasonable, and therefore unlawful under the provisions of section 201 of the Communications Act. 7. Telephone carriers subject to the Communications Act should, in accordance with the provisions of section 203 of the act, file tariff regulations with the Commission in which the use of recording devices in connection with interstate and foreign message toll telephone service is authorized, so long as the recording device can, at the will of the user, be physically connected to or disconnected from the telephone line or switched on and off. Such tariff regulations should provide that recording devices be used only when such use is accompanied by the operation of an automatic tone warning device; and that the telephone carriers will furnish, install, and maintain any equipment which is necessary physically to connect a recording device to the telephone line. Provision should also be made for reasonable arrangements which would permit sales demonstrations by recorder organizations of their equipment. 8. An engineering conference of representatives of the telephone companies, the recorder manufacturers, the State commissions and this Commission, will be held to consider the technical questions presented by the use of telephone recorders, and the installation and operation of proper automatic tone warning devices. On the basis of such findings and recommendations as result from this conference, the Commission will give consideration to the adoption of engineering standards to govern the installation, use and operation of telephone recorders and automatic tone warning devices in connection with interstate and foreign message toll telephone service. 9. The Commission will postpone the issuance of a final order in this proceeding until it has considered these engineering matters. FEDERAL COMMUNICATIONS COMMISSION, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. (Docket No. 6787) In the Matter of Use of Recording Devices in Connection With Telephone Service ORDER At a session of the Federal Communications Commission held at its offices in Washington, D.C., on the 26th day of November, 1947; The Commission, having under consideration the record herein, including its report made and filed herein on March 24, 1947; and IT APPEARING, That in said report, it was concluded, among other things, that an engineering conference of representatives of the telephone companies, the recorder manufacturers, the State commissions, and this Commission, be held to consider the technical questions presented by the use of telephone recorders, and the installation and operation of proper automatic tone warning devices; that on the basis of such findings and recommendations as resulted from this conference, the Commission would give consideration to the adoption of engineering standards to govern the installation, use, and operation of telephone recorders and automatic tone warning devices in connection with interstate and foreign message toll telephone service; and that the Commission would postpone the issuance of a final order herein until it had considered these engineering matters; IT FURTHER APPEARING, That a Public Engineering Conference was duly held on April 29, 1947, pursuant to the terms of the above report of the Commission, at which conference representatives of the telephone companies, the recorder manufacturers, the State commissions, and this Commission were present and participated; and that subsequent to said conference various engineering work and tests have been conducted pursuant to the conclusions formulated at said engineering conference. IT FURTHER APPEARING, That upon consideration of the recommendations formulated at the above engineering conference, the automatic tone warning devices contemplated by the Commission's report of March 24, 1947, should produce a signal having the following characteristics: Number of tones--- Pitch of tone--- Frequency of recurrence of each signal___ Level of tone---. 1. 20/100 of a second with a tolerance of plus or minus 20 percent. 1,400 cycles per second with a tolerance of plus or minus 10 percent. not less than 12 seconds and not more than 15 seconds. equal to the average telephone talking signal strength. IT FURTHER APPEARING, That a tone warning signal having the above described characteristics will provide adequate notice to all parties to a recorded telephone conversation that the conversation is being recorded; and that such signal will not unduly interrupt the telephone conversation or interfere with the recording thereof, having regard to the desirability of adequate notification of the use of a telephone recorder; IT FURTHER APPEARING, That in the Commission's above report of March 24, 1947, it was also concluded, among other things, that the telephone companies should undertake a publicity program designed to inform telephone users generally of the use of telephone recording devices and of the import of the warning signal; that any publicity program should provide for the insertion of full page statements in telephone directories informing the telephone-using public of the nature and use of recording devices and describing in detail the operation and significance of the tone warning signal; and that, in addition, the telephone companies should make available a special telephone number which, when dialed or called, would reproduce the tone warning sound; IT FURTHER APPEARING, That objections have been filed by the American Telephone & Telegraph Co. and the United States Independent Telephone Association with respect to the above conclusions insofar as they would require telephone companies to insert full-page statements in telephone directories and to make available a special telephone number which would reproduce the tone warning sound, for the reasons that such measures would involve considerable expense and burdensome operating arrangements, particularly in the case of small telephone companies; and that therefore the kinds of publicity measures to be carried out by the telephone companies should not, at least at this time, be prescribed; IT FURTHER APPEARING, That on August 27, 1947, the Soundscriber Corp., and on October 9, 1947, Thomas A. Edison, Inc., filed petitions with the Commission requesting the issuance of an order authorizing the use of recording devices in connection with telephone service, with or without tone warning devices, pending the issuance of a final order herein, and also pending the actual availability of the tone warning devices contemplated by said report of March 24, 1947; and that on September 29, 1947, Dictaphone Corp., filed a petition requesting reconsideration by the Commission of the requirement of a warning device, and, upon such reconsideration the elimination of this requirement; IT FURTHER APPEARING, That the American Telephone & Telegraph Co., and the United States Independent Telephone Association have filed statements in opposition to the above petition of the Soundscriber Corp.; IT FURTHER APPEARING, That a grant of the above petitions of the Soundscriber Corp., Thomas A. Edison, Inc., and Dictaphone Corp., would mean the authorization of the use of recording devices in connection with interstate and foreign message toll telephone service without any form of notification to parties using such telephone service that telephone recording devices were being used, which would be contrary to the findings and conclusions of the Commission, as set forth in its report of March 24, 1947, herein, with respect to the need for such notification in connection with the use of telephone recording devices; IT IS ORDERED, That the Commission's report of March 24, 1947, herein, as modified by this order, is made a part hereof by reference; IT IS FURTHER ORDERED, That the use of recording devices in connection with interstate and foreign message toll telephone service is authorized, subject to the following conditions: (1) That such use is accompanied by adequate notice to all parties to the telephone conversation that the conversation is being recorded; (2) That such notice will be given by the use of an automatic tone warning device, which will automatically produce a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use; such signal to have the characteristics specified above; (3) That such automatic tone warning device may be furnished or maintained by anyone, whether or not a telephone company, subject to the requirement that such device have the characteristics specified above; (4) That no recording device shall be used in connection with interstate or foreign message toll telephone service unless, at the will of the user, it can be physically connected to and disconnected from the telephone line or switched on and off; (5) That in the case of a telephone recorder physically attached to the telephone line, the equipment necessary to make such physical connection as distinguished from the automatic tone warning device, shall be provided, installed, and maintained by a company or other organization responsible for the furnishing of the telephone service; IT IS FURTHER ORDERED, That respondent carriers shall rescind and cancel any tariff regulations which any of them now have on file with this Commission which have the effect of barring the use of recording devices in connection with interstate and foreign telephone service under the conditions of such use specified in this order; IT IS FURTHER ORDERED, That telephone carriers subject to the Communications Act of 1934, as amended, shall, in acordance with the provisions of Section 203 of the Act, file tariff regulations with the Commission which provide for the use of recording devices in connection with interstate and foreign message toll telephone service under the conditions specified in this order; and which, in addition, provide for reasonable arrangements for sales demonstrations of telephone recorders by recorder organizations; IT IS FURTHER ORDERED, That telephone carriers subject to the Communications Act of 1934, as amended, shall undertake an appropriate publicity program designed to inform telephone users generally of the use of telephone recording devices and of the import of the warning signal; IT IS FURTHER ORDERED, That the above petitions of The Soundscriber Corp., Thomas A. Edison, Inc., and Dictaphone Corp., are denied ; IT IS FURTHER ORDERED, That this order shall take effect on the 15th day of January 1948. By the Commission. Commissioners Webster and Jones not participating. T. J. SLOWIE, Secretary. BEFORE THE FEDERAL COMMUNICATIONS COMMISSION, WASHINGTON 25, D.C. (Docket No. 6787) In the Matter of Use of Recording Devices in Connection With Telephone Service ORDER At a session of the Federal Communications Commission held at its offices in Washington, D.C., on the 20th day of May, 1948: The Commission, having under consideration its Order of November 26, 1947, herein, and its Order of March 25, 1948, postponing the effective date of the Order of November 26, 1947, to a date to be subsequently fixed by order of the Commission; and also having under consideration the petition filed on December 85952 O-62-34 19, 1947, by the Bell System Companies requesting the Commission to modify said Order of November 26, 1947, so as to (1) provide that the furnishing, installation and maintenance of the automatic tone warning device contemplated thereby shall be the sole responsibility of the company or other organization responsible for the furnishing of the telephone service, (2) specify a greater variance in the recurrence of the signal produced by such tone warning device, and (3) extend the effective date of the Order forty-five days from the date of the Commission's action on said petition; the various other petitions, replies, and statements filed by the parties herein since the issuance of the above Order of November 26, 1947; the public informal conference held on April 6, 1948. pursuant to the Commission's public notice of March 17, 1948, at which certain questions presented by the above petitions, replies, and statements were considered; and the statements filed on May 10, 1948, by certain of the participants in said conference; IT APPEARING, That a requirement that the furnishing, installation and maintenance of the above-mentioned tone warning device shall be the responsibility of the company or other organization responsible for the furnishing of the telephone service is desirable and in the public interest, in that such requirement will insure the use and proper maintenance of the tone warning device which will produce the signal having the characteristics described in the Order of November 26, 1947, as hereinafter modified; will insure maximum uniformity in the warning signal produced by tone warning devices throughout the country as contemplated in the final report adopted herein on March 24, 1947; will serve better to effectuate the basic purpose of the Order of November 26, 1947, to offer adequate notification to the telephone-using public that their telephone conversations are being recorded; and will provide a guard against impairment of telephone service which may result from inferior tone warning devices and improper maintenance thereof; IT FURTHER APPEARING, That an increase in the permissible variance in the frequency of recurrence of the tone warning signal as specified in the above Order of November 26, 1947, is desirable and in the public interest in that such increase will reduce the cost of manufacture of tone warning devices without materially affecting the efficacy of the tone signal as an adequate warning: IT IS ORDERED, That the Order of November 26, 1947, herein IS MODIFIED in the following respects: In the third recital paragraph of said Order, the fourth characteristic specified therein shall read: "Frequency of recurrence of each signal *** not less than 12 seconds and not more than 18 seconds." In the second decretal paragraph of said Order, subparagraphs (3) and (5) thereof are revised to read as follows: “(3) That such automatic tone warning device shall be furnished, installed, and maintained by the company or other organization responsible for the furnishing of the telephone service, subject to the requirements that such device have the characteristics specified above: “(5) That in the case of a telephone recorder physically attached to the telephone line, the equipment necessary to make such physical connection, including the automatic tone warning device, shall be provided, installed, and maintained by the company or other organization responsible for the furnishing of the telephone service." The fourth decretal paragraph of said Order is revised to read: "It is further ordered that telephone carriers subject to the Communications Act of 1934, as amended, shall, in accordance with the provisions of Section 203 of the Act, file tariff regulations with the Commission, to become effective on not less than 30 days' notice, but in no event to become effective later than August 2, 1948, and to provide for the use of recording devices in connection with interstate and foreign message toll telephone service under the conditions specified in this Order; and, in addition, to provide for reasonable arrangements for sales demonstrations of telephone recorders by recorder organizations." IT IS FURTHER ORDERED, That the Order of November 26, 1947, as modified herein, shall take effect on the 30th day of June, 1948. Commissioner Jones dissenting. FEDERAL COMMUNICATIONS COMMISSION, Commissioners Hyde, Webster, and Sterling not participating. (The following letter was submitted for the record by Senator Thomas J. Dodd:) Hon. THOMAS J. DODD, CITY OF LOS ANGELES, CALIF., July 11, 1961. DEAR SENATOR DODD: Permit me to join with you, your colleagues in the Senate, and the office of the U.S. Attorney General in advocating the legalization of wiretapping by appropriate agencies of government on all levels, with adequate controls, in the enforcement of the law and the protection of the Nation's security. In a television debate on the program, "The Nation's Future," broadcast July 8, 1961, I debated the affirmative of the question "Are Wiretapping and Eavesdropping Desirable Law Enforcement Methods?" My opening statement was as follows: "I believe that the security of the nation will depend largely upon the internal security of the country. I think in this contest in the cold war, this international conflict, that somehow we must meet the challenge that has been given to us by President Kennedy when he says the self-discipline of the free mind must match the iron discipline of the mailed fist. And as I interpret that, I believe that he is talking about a level of discipline in America that must be sufficiently high to permit us to contest in the cold war with the Soviet bloc, and I think that the only measure of discipline that is reasonably accurate, the level of discipline in America, is the amount of disorder and crime that the American people are committing. "Now, as crime is increasing four times the rate of the population increase in the past decade, we see an ever-growing amount of crime in relation to the population that I think threatens the internal security of the Nation. "As far as the electronic devices are concerned, it is incumbent, I believe, upon all agencies of government to utilize those devices that are perfected in the technological advancement of our Nation and that can be properly, legally, and constitutionally used to aid in the discharge of their responsibilities. "Now I think that the interception of communications by electronic means under proper control is a source of intelligence that is imperative in the war that we are waging against the criminal army, and I believe if we deprive our law enforcement forces of these facilities that we are crippling them in their attempt to do their task. "We are spending a tremondous amount of money without the real reward that we should be getting in the way of services rendered, and we are making it almost impossible for these agencies to meet the challenge that they face. "We are told by one eminent English historian, a contemporary from Oxford by the name of Charles Rieth, that his study of the history of nations and their downfall has convinced him that every nation that has failed to enforce its laws has perished. I think that is a very sobering thought for the American people. And of course, the question of where do we pivot on law enforcement I think depends largely upon the ability of our law enforcement agencies at least to hold the line until the American people can decide what it is they wish to sacrifice in order to maintain their Nation. "Now, we talk about the invasion of privacy, and that is the big issue in this, and I will agree that it is a question that can be debated conscientiously and honestly from either side. But there is hardly any police action taken that does not involve an invasion of privacy. So, really, what we want to talk about and think about, I believe, is the balance between the protection that the Constitution gives the individual in his own activities, and the constitutional guarantees to the law abiding. Who is going to protect them from the standpoint of the invasion of their rights to life, liberty, and property if it is not law enforcement? If we have not the tools we cannot do it, and we are not doing the job in America. Seven out of ten criminals in this country are never apprehended. And that situation appears to be even deteriorating. "So I submit to you that under proper controls within the constitutional guarantees that the electronic devices available should be utilized by law enforcement in the proper enforcement of the law just the same as all other technological advancements available to them should be utilized." Among the statistical data used in this debate is one item that may be of interest to you. Twenty-four States with a total population of 83,672,999 inhabitants admit wiretap evidence while 26 States with a total population of 94,054,411 inhabitants exclude wiretap evidence. Twenty-four States that admit such |