DEFENSE  INTELLIGENCE  AGENCY 
REGULATION  NO.  50-4 
HEADQUARTERS,  DEFENSE 
INTELLIGENCE  AGENCY 
WASHINGTON,  DC   20301 
25  October  1978 
SECURITY 
INTERCEPTION  OF  WIRE  AND  ORAL  COMMUNICATIONS 
FOR  LAW  ENFORCEMENT  PURPOSES 
*•   PURPOSE ;   To  implement  policies  and  procedures  governing 
Interception  of  wire  and  oral  communicat ions  for  law  enforcement 
purposes  within  the  DIA,  both  In  the  United  States  and  abroad, 
as  established  by  DoD  Directive  5200.24. 
2.  REFERENCES : 
a.  Executive  Order  12036,  "United  States  Intelligence  Activ- 
ities," 24  January  1978, 
b.  DoD  Directive  5200,24,  "Interception  of  Wire  and  Oral 
Communications  for  Law  Enforcement  Purposes,"  3  April  1978. 
3.  APPLICABILITY : 
a.  This  regulation  applies  to  all  elements  of  the  DIA  within 
the  United  States  and  abroad. 
b.  This  regulation  is  not  applicable  to  the  policy  governing: 
(1)  Telephone  monitoring  and  recording  as  set  forth  in 
DoD  Directive  4640.1,  "Telephone  Monitoring,"  3  September  1969, 
as  amended^ and  DIAR  35-3,  "Telephone  Monitoring  and  Recording," 
8  December  1977. 
(2)  Signals  Intelligence  as  set  forth  in  DoD  Directive 
S-3115.7,  "Signals  Intelligence  (SIGINT)." 
(3)  National  Foreign  Intelligence  Program  as  set  forth  in 
reference  a. 
4.  DEFINITIONS.:   See  enclosure  1. 
5.  SUPERSESSION:   This  regulation  supersedes' DIAR  50-4,  "Inter- 
ception of  Wire  and  Oral  Communic&t ions , "  14  November  19 7  7 • 
OPR:   RSS-3B
DIAR  50-4 
6.   POLICY: 
a.  There  will  be  no  interception  cf  wir 
tions  for  law  enforcement  purposes  except  in 
plicable  law  and  regulation. 
or  oral  communica 
accordance  with  ap 
b«   DIA  personnel  and  elements  are  not  authorized  to  intercept 
wire  and  oral  communications  or  conduct  pen  register  operations* 
c.   DIA  personnel  and  elements  are  not  authorized  to  procure, 
maintain  or  store  in  DIA-occupied  or  controlled  spaces  any  mech- 
anical or  electronic  equipment  or  devices  primarily  useful  for 
intercepting  wire  or  oral  commun icat ions • 
7.    RESPONSIBILITIES : 
a.  Chiefs    of    all    elements    will    insure    that    the    contents    of 
this     regulation    are    made    known    to    fill    DIA    personnel,    both    in     the 
United    States     and    abroad. 
b.  The    Assistant    Deputy    Director    for    Security    Services     (RSS) 
will: 
(1)  Be  the  DIA  point  of  contact  for  coordination  with 
law  enforcement  agencies  'for  investigative  or  law  enforcement 
purposes  within  all  elements  of  the  DIA. 
(2)  Insure  compliance  with  the  administrative  controls 
established  by  this  regulation  and  references  a  and  b. 
8. 
COURT  ORDER: 
a.  The  DIA  General  Counsel  (GC)  will  be  the  DIA  point  of 
contact  in  connection  with  court  ordered  intercepts  issued  to  DoD 
components  that  may  be  a  matter  of  interest  to  the  DIA  during  the 
course  of  a  lawful  investigation- 
b.  RSS  will  be  the  DIA  point  cf  contact  for  coordination  with 
lav  enforcement  agencies  for  implementation  of  such  an  order  with- 
in the  DIA  and  its  elements.   RSS  will  keep  the  CC  and  the  DIA 
Command  Element  fully  informed  regarding  the  status  of  any  court- 
ordered  intercept. 
c.  Dissemination  of  information  regarding  the  receipt  of  a 
Court  Order  and  its  implementation  within  the  DIA  will  be  held  to
DIAR    50-4 
an    absolute    minimum    number    of    individuals     and    the    "need- 1 o-know11 
principle    will    be    striccly    applied. 
FOR    THE    DIRECTOR; 
OFFICIAL; 
f 
i 
MERRILL    Z.     SCHARMEN 
Colonel,     USAF 
Assistant     Deputy    Director 
for    Support    and    Services 
Rear    A^aii  r&L  ,    USH 
Chief    c;    C-te:€ 
Enclosure 
Definitions 
DISTRIBUTION    B 
B252A         RSS-3B
DIAR  50-4 
DEFINITIONS 
^#   Ab  road .   Outside  the  United  States.   An  interception  takes 
place  abroad  when  the  interception  device  is  located' and  operated 
outside  the  United  States  and  the  target  of  the  interception  is 
located  outside  the  United  States, 
5,  Court  Order,  An  order  issued  by  a  judge  of  a  U.S.  District 
Court  or  a  U.S.  Court  of  Appeals  or  by  a  military  judge  author- 
izing a  wire  or  oral  interception  or  a  pen  register  operation. 
**•   Electronic,  Mechanical,  or  Other  Device.   Any  device  or 
apparatus  that  can  be  used  to  intercept  a  wire  or  oral  communica- 
tion  other  than  any  telephone  equipment  furnished  to  the  sub- 
scriber or  user  by  a  communications  common  carrier  in  the  ordinary 
course  of  its  business  and  used  by  the  subscriber  or  user  in  the 
ordinary  course  of  its  business  or  used  by  an  investigative  or 
law  enforcement  officer  in  the  ordinary  course  of  duty. 
D.  Interception .   The  aural  acquisition  of  the  contents  of  any 
wire  or  oral  communication  through  the  use  of  any  electronic, 
mechanical,  or  other  device.   The  terra  "contents"  Includes  any 
information  concerning  the  Identity  of  the  parties  to  such  com- 
munication or  the  existence,  substance,  purport,  or  meaning  of 
that  communication. 
E.  Oral  Communication. -  Any  oral  communication  uttered  by  a 
person  exhibiting  an  expectation  that  such  communication  is  not 
subject  to  interception,  under  circumstances  justifying  such 
expect  at  ion . 
F.  F 
or  li 
from 
inclu 
a  tou 
ment 
dis  ta 
re  co  r 
cat  io 
en  Register.   A  device  connected  to  a  te 
ne  that 
a  parti 
des  dec 
ch-tone 
used  to 
nee  tel 
ds  for 
ns  mana 
permits  the  recording  of  telepho 
cular  telephone  instrument.  "Fen 
oder  devices  used  to  rt-cord  the  n 
telephone.  "Pen  register"  does 
record  the  numbers  dialed  for  an 
ephone  calls  when  the  equipment  i 
an  entire  telephone  system  and  fo 
gement  purposes. 
lephone  instrument 
ne  numbers  dialed 
register"  also 
umbers  dialed  from 
not  Include  equip- 
d  duration  of  long- 
a  used  to  make  such 
r  billing  or  communi 
ed  Stat 
let  of 
torv  or 
regulation,  the  term 
es"  includes  the  50  States  of  the  United  States,  the 
rto  Rico ,  and  any 
G.   United  S  tat es .   For  the  purposes  of  this 
"Unit 
Distr 
terri 
Columbia,  the  Commonwealth  of  Pue 
possession  of  the  United  States. 
H.   Wire  Communication.   Any  communication  made  in  whole  or  in 
part  through  the  use  of  facilities  for  the  transmission  of  com- 
munications by  the  aid  cf  vlre,  cable,  or  other  like  connection 
ENCLOSURE  1
DIAR  50-4 
of  reception  furnished 
between  the  point  of  origin  and  the  point 
or  operated  by  any  person  engaged  as  a  conson  carrier  in*  provid- 
ing or  operating  such  facilities  f-^r  the  transmission  of  "inter- 
state or  foreign  communications. 
( 
ENCLOSURE  1