DEFENSE INTELLIGENCE AGENCY HEADQUARTERS, DEFENSE EGULATION NO. 50-4 INTELLIGENCE AGENCY WASHINGTON, DC 20301 25 October 1978 4 rn x SECURITY INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS FOR LAW ENFORCEMENT PURPOSES 1, PURPOSE: To implement policies and procedures governing interception cf wire and oral communications 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 reguiation is not applicable to the policy governing: (1) Telephone monitoring and recording as set forth in DoD Directive 4640.1, "Telephone Manitoring," 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 $-3115.7, "Signals Intelligence (SIGINT)." (3) National Foreign Intelligence Program as set forth in reference a. 4. DEFINITIONS: See enclosure l. 5S. SUPERSESSION: This regulation supersedes DIAR 50-4, "Inter- ception of Wire and Oral Communications," 14 November 1977. OPR: RSS-3B
DIAR 50-4 6. POLICY: a. There will be no interception cf wire or oral communica- tions for law enforcement purposes except in accordance with ap- plicable law and reguiation. b. DIA personnel and elements are not authorized to intercept wire and oral communications or conduct pen register operations. Ce DIA personnel and elements are not authorized tc procure, maintain or store in DlA-occupied or controlled spaces any mech- anical or electronic equipment or devices primarily useful for intercepting wire or oral communications. 7. RESPONSIBILITIES: a. Chiefs of all elements will insure that the contents of this regulation are made known to all DIA personnel, both in the United States and abroed. 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 ail elements of the DIA. (2) Insure compliance with the administrative controls established by this regulation and references a and b. ~ 8. COURT CRDER: oa a. The DIA Genersl Counsel (GC) will be the DIA point of contact in connection with court ordered intercepts issued to DoD components thet may be a matter of interest to the DIA during the course of a lawful investigation. . b. RSS will be the DIA point ef contact for coordination with law enforcement egencies for implementation of such an order with- in the DIA end its elements. RSS will keep the GC 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 Grder and ita implementation within the DIA will be held to
DIAR S0-4 an absolute noinimum numbder cof individuals and the ‘need-to- know" principle will be strictly applied. FOR THE DIRECTOR: OFFICIALS: Ti fle! — BO MERRILL ©. SCHARMEN Colonel, USAF Assistant Deputy Director for Suppore and Services Enclosure Definitions DISTRIBUTION B B252A RSS-3B 7
DIAR 50-4 DEFINITIONS A. Abroad. Outside the United States. An interception takes place abroad when the interception device fs located and operated outside the United States and the target of the interception is located outside the United States. B. 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. C. 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 subd- 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 cf the contents of any wire or oral communication through the use of any electronic, mechanical, or other device. The term "contents" includes any inforcation concerning the identity of the parties to such con- 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 expectation. F. Pen Register. A device connected to a telephone instrument or line that permits the recording of telephone numbers dialed from a particular telephone instrument. "Pen register" also includes decoder devices used to record the numbers dialed fron | a touch-tone telephone. “Pen register" does not include equip- H ment used to record the numbers dialed for and duration of long- distance telephone calls when the equipment ia used to make such records for an entire telephone system and for billing or communti- cations management purposes. G. United States. For the purposes of this regulation, the tern “Onited States" includes the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or 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 wire, cable, or other like connection ENCLOSURE 1
DIAR 50-4 between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in provid- {ng or operating such facilities fxr the transmission of inter- state or foreign communications. ENCLOSURE 1 2