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WIRETAPPING AND EAVESDROPPING LEGISLATION

HEARINGS

BEFORE THE

SUBCOMMITTEE ON
CONSTITUTIONAL RIGHTS

OF THE

COMMITTEE ON THE JUDICIARY

EIGHTY-SEVENTH CONGRESS

FIRST SESSION

ON

S. 1086, S. 1221, S. 1495, and S. 1822
BILLS RELATING TO WIRETAPPING AND EAVESDROPPING

MAY 9, 10, 11, AND 12, 1961

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1961

85952 O

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chair man ESTES KEFAUVER, Tennessee

ALEXANDER WILEY, Wisconsin OLIN D. JOHNSTOX, South Carolina

EVERETT McKINLEY DIRKSEN, Illinois JOHN L. MCCLELLA.V, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

KEXYETH B. KEATING, New York
JOBS A. CARROLL, Colorado

NORRIS COTTON, New Hampshire
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan
EDWARD V. LONG, Missouri
WM. A. BLAKLEY. Texas

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS

SAM J. ERVIX, JR., North Carolina, Chair man OLIN D. JOHNSTON, South Carolina

ROMAN L. HRUSKA, Nebraska JOHN L. MCCLELLAN, Arkansas

ALEXANDER WILEY, Wisconsin
JOHN A. CARROLL, Colorado

KENNETH B. KEATING, New York
EDWARD V. LONG, Missouri
WM. A. BLAKLEY, Texas

WILLIAM A. CREECH, Chief Counsel and Staff Director

BERNARD WATERS, Minority Counsel
HELEN D. MAYNOR, Professional Staf Member

MARCIA J. MACNAUGHTOx, Professional Staff Member
II

CONTENTS

1

Statements by witnesses and members of the subcommittee:

Page
Dash, Samuel, attorney at law, Philadelphia, Pa...

101
Dodd, Thomas J., U.S. Senator from Connecticut

449

Ervin, Sam J., Jr., U.S. Senator from North Carolina, chairman,

Senate Subcommittee on Constitutional Rights...

1

Everett, Robinson 0., professor of law, Duke University Law School,
Durham, N.C.

262

Gasperini, Edwin L., chairman, Committee on Federal I egislation,

Association of the Bar of the City of New York...

122

Gutman, Daniel, dean, New York Law School, New York, N.Y.. 80

Hogan, Frank S., district attorney, New York County, N.Y.

429

Hruska, Roman L., U.S. Senator from Nebraska

15

Hudgins, W. Coles, vice president, Mountain States Telephone &

Telegraph Co., Denver, Colo....

246

Keating, Kenneth B., U.S. Senator from New York

10

Lane, Mark, Assemblyman from the State of New York, representing
Americans for Democratic Action ---

390

Layton, John B., inspector, Police Department, District of Columbia - 471

Miller, Herbert J., Jr., Assistant Attorney General in Charge of the

Criminal Division, Department of Justice --

351

North, John E., professor of law, Creighton University School of
Law, Omaha, Nebr.

89

O'Connor, Frank, district attorney of Queens County, N.Y.

327

Reich, Charles A., professor of law, Yale University Law School,

New Haven, Conn...

180

Sarachan, Goodman A., chairman, Commission of Investigations,

State of New York..

334

Savarese, Anthony P., Jr., chairman, New York Joint Legislative

Committee on Privacy of Communications, accompanied by
Howard F. Cerny, counsel..

453

Schwartz, Herman, attorney at law, New York City, representing the

American Civil Liberties Union.

406

Silver, Edward S., district attorney, Kings County, NY

19

Ward, Daniel P., state's attorney, Cook County, Ill.

397

Westin, Alan F., professor of government, Columbia University, New

York City--

195

Williams, Edward Bennett, attorney at law, Washington, D.C.

378

Letters and statements for the record:

American Jewish Congress...

487

Bruton, T. W., attorney general, State of North Carolina -

17
Central Intelligence Agency -

417

Defense Department -

496

Dorsen, Norman, professor of law, New York University

485

Federal Communications Commission.-

500

Supplementary statement.--

503

Correspondence between Federal Communications Commission

and Justice Department regarding investigation of wiretapping

complaints.

504

Geographic distribution of Section 605 (Federal Communications

Act) complaints, received by FCC, 1957–61.-

506

Report by FCC on Investigation into Use of Recording Devices in

Connection With Telephone Services (1947) ---

506

Orders issued by FCC to Telephone Carriers, regarding use of

recording devices (1948) ---

--- 521, 523

Statistics regarding processing of complaints of violations of

section 605 of the Federal Communications Act, received by
FCC.

505
Page
499
498
498
483

[graphic]

486
499
499
372
497
344
525

428

341

348

1

1

Letters and statements for the record-Continued

Federal Power Commission.-
Federal Trade Commission..
General Service Administration.
Hartley, Earl E., attorney general, State of New Mexico.
Inbau, Fred E., professor of law, Northwestern University Law School,

Chicago, Ill.'
Interior Department.
Interstate Commerce Commission.
Justice Department.
Labor Department.-
Murphy, Michael J., police commissioner, New York City.
Parker, W. H., chief of police, Los Angeles, Calif..
Speiser, Laurence, director, Washington office, American Civil Liber-

ties Únion.
Wickersham, Gen. C. W., counsel for the Grand Jury Association of

New York County, N.Y.
Wilson, O. W., superintendent of Police Department, Chicago, Ill..

EXHIBITS

S. 1086, a bill to amend title 18 of the United States Code to authorize

certain communications to be intercepted in compliance with State law,

and for other purposes, introduced by Senator Keating, February 28,

1961...

S. 1221, a bill to regulate eavesdropping and for other purposes, introduced

by Senator Keating, March 7, 1961...

S. 1495, a bill to prohibit wiretapping by persons other than duly authorized

law enforcement officers engaged in the investigation or prevention of

specified categories of criminal offenses, and for other purposes, intro-

duced by Senator Dodd, March 30, 1961..

S. 1495, containing revisions suggested by Department of Justice

S. 1822, a bill to amend title 18 of the United States Code to authorize

certain communications to be intercepted in compliance with State law,

and for other purposes, introduced by Senator Hruska, May 8, 1961..-

Article, “New Procedures of Scientific Investigation and the Protection

of the Accused's Rights,” by Robinson 0. Everett, Duke Law Journal,

pp. 32–77, Vol. 1959.
Article, "The Wiretapping-Eavesdropping Problem: A Prosecutor's

View," by Edward S. Silver, 44 Minnesota Law Review 835..

Affidavit, for wiretap order, submitted to county court, Kings County,

N.Y.

Constitution of the State of New York, article 1, section 12, "Security

Against Unreasonable Searches, Seizures and Interceptions":

Court order, authorizing wiretapping, issued by Judge of Kings County

court, New York.

Report by the Committee on Federal Legislation of the Association of the

Bar of the City of New York:

(1) "Proposed Federal Legislation To Legalize Wiretapping Permitted

by State Laws," January 10, 1961..

(2) "Pending Wiretap Bills," May 3, 1954.

Resolution by the National District Attorneys' Association, March 1961,

regarding $. 1086...

Section 813-A of the Code of Criminal Procedure of the State of New

York: "Ex Parte Order for Eavesdropping"'.

Statement by Executive Committee of the New York District Attorneys

Association, regarding Benanti v. United States, decided by the U.S.

Supreme Court, December 9, 1957-

Survey of opinions of the State attorneys general, on the subject of wire-

tapping and eavesdropping:

(i) Analysis of survey results, by American Law Division, Legislative

Reference Service, Library of Congress...

(2) Opinions of State attorneys general:

281

40

39

Alabama..

Alaska.

Arizona.

Arkansas.

California..

542

543

543

545

545

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