DEFENSE  INTELLIGENCE  AGENCY 
(  REGULATION  NO.  35-3 
HEADQUARTERS,  DEFENSE 
INTELLIGENCE  AGENCY 
WASHINGTON,  DC  20301 
28  August  1980 
COMMUNICATIONS 
TELEPHONE  MONITORING  AND  RECORDING 
( 
1.  PURPOSE:  To  implement  policies  and  proce- 
dures concerning  telephone  monitoring  and  record- 
ing within  the  Defense  Intelligence  Agency  (DIA)  as 
established  by  DoD  Directive  4640.1. 
2.  REFERENCES: 
a.  DoD  Directive  4640.1,  "Telephone  Monitoring 
and  Recording,"  15  January  1980. 
b.  Secretary  of  Defense  Multiple-addressee 
Memorandum,  29  January  1977,  subject:  Monitor- 
ing of  Conversations. 
c.  DASD(A)  Multiple-addressee  Memorandum, 
"Telephone  Monitoring,"  21  July  1977. 
d.  DIAR  12-12,  "Implementation  of  the  Privacy 
Act  of  1974." 
e.  DIAR  12-39.  "Availability  to  the  Public  of  De- 
partment of  Defense  Information." 
f.  DIAR  50-4,  "Interception  of  Wire  and  Oral 
Communications  for  Law  Enforcement  Purposes." 
3.  APPLICABILITY: 
a.  This  regulation  applies  to  all  DIA  personnel. 
b.  This  regulation  is  not  applicable  to  the  policy 
governing: 
(1)  Communications  security  monitoring  and  re- 
cording. 
(2)  Signals  intelligence  activities. 
(3)  Foreign  intelligence  and  counterintelligence 
collection  activities  as  set  forth  in  DoD  5240. 1-R, 
"Procedures  Governing  the  Activities  of  DoD  Intel- 
ligence Components  that  Affect  U.S.  Persons." 
(4)  Interception  of  certain  communications  as  set 
forth  in  DoD  Directive  5200.24,  "Interception  of 
Wire  and  Oral  Communications  for  Law  Enforce- 
ment Purposes,"  and  DIAR  50-4  (same  subject). 
(5)  Control  of  Compromising  Emanations  (DoD 
Directive  S-5200.19). 
(6)  Telephone  monitoring  during  wartime  or  un- 
der combat  conditions  (DoD  Directive  5230.7). 
4.  DEFINITIONS:  See  enclosure  1. 
5.  SUPERSESSION:  This  regulation   supersedes 
DIAR  35-3,  8  November  1979. 
6.  POLICY: 
a.  Telephone  monitoring  or  recording  for  the  pur- 
poses described  in  this  regulation  is  permitted  pro- 
vided that  the  information  to  be  acquired  is  neces- 
sary for  the  accomplishment  of  the  DIA  mission  and 
the  information  is  obtained  in  compliance  with  this 
regulation.  Any  other  telephone  monitoring  or  re- 
cording within  the  DIA  beyond  that  delineated  here- 
in is  prohibited  except  when  specifically  authorized 
by  the  Director  (DR). 
b.  Office  monitoring  and  recording  of  telephone 
conversations  may  be  conducted  for  the  purpose  of 
making  a  transcript  or  summary  of  the  conversa- 
tion; however,  the  individual  seeking  to  have  the 
conversation  monitored  or  recorded  must  have  the 
prior  expressed  consent  of  all  of  the  parties  to  the 
conversation. 
c.  Conversations  may  not  be  recorded  for  com- 
munications management  purposes. 
d.  Monitoring  and  recording  of  Intelligence  Cen- 
ter communications  is  permitted  in  order  to  pre- 
serve the  command  and  control  instructions  that  di- 
rect foreign  intelligence  efforts.  The  specific  employ- 
ment of  recording  devices  within  the  National  Mili- 
tary Intelligence  Center  (NMIC)  is  subject  to  the 
prior  authorization  of  the  DR. 
OPR:  RCM-4
DIAR  35-3 
(2)  Activities  with  a  mission-directed  requirement 
for  telephone  monitoring  and  recording  equipment 
will  forward  a  request  containing  a  statement  of  spe- 
cific need  for  the  monitoring  or  recording  device,  de- 
tailed requirements  and  justification  to  the  DR, 
through  GC  and  RCM.  The  request  will  also  reflect 
the  name  and  title/position  of  those  individuals  who 
will  have  access  to  the  equipment  when  it  is  in  oper- 
ation. 
c.  GC. 
(1)  The  GC  will  provide  legal  advice  and  counsel 
on  questions  arising  concerning  telephone  monitor- 
ing and  recording  within  the  DIA. 
(2)  GC  will  provide  a  legal  opinion  regarding  the 
conformity  to  law  and  applicable  regulation  of  any 
request  pertaining  to  installation  of  telephone  moni- 
toring and  recording  equipment  within  the  DIA. 
9.  RECORDS  ADMINISTRATION: 
a.  All  records  of  information  obtained  through 
monitoring  activities  will  be  maintained  and  dis- 
seminated in  accordance  with  references  d  and  e. 
FOR  THE  DIRECTOR: 
OFFICIAL: 
/ 
STANLEY  D.  WARD 
Colonel,  USA 
Acting  Chief  of  Staff 
MANLEY  S.  SULLIVAN 
Chief,  Publication  and 
Presentation  Division 
DISTRIBUTION  C 
A122A    DUSD(PR) 
Enclosure 
Definitions
DIAR  35-S 
DEFINITIONS 
1.  ACOUSTIC  DEVICE.  A  wireless  receiving  device  that  attaches  to  a  telephone  handset  and  electronically 
transmits  communications  to  a  recording  device. 
2.  COMMAND  AND  INTELLIGENCE  CENTER  MONITORING  AND  RECORDING.  Monitoring  or  re- 
cording communications  of  command  and  intelligence  centers  that  direct  operations  and  control  forces  or  di- 
rect national  intelligence  efforts.  Such  communications  include  the  disposition  of  armed  forces,  implementa- 
tion of  the  Department  of  Defense  (DoD)  foreign  intelligence  mission,  emergency  police  and  fire  reporting  in- 
formation, air  traffic  control,  distress  calls  from  ships  and  aircraft,  and  the  coordination  of  actions  resulting 
from  bomb  threats  and  hijacking  incidents. 
3.  COMMUNICATIONS  MANAGEMENT  ACTIVITIES.  Measures  taken  to  insure  the  proper  mechanical 
operation  and  the  efficient  use  of  DoD-owned  or  leased  telephone  communications  systems.  The  measures  in- 
clude mechanical  and  electronic  means  of  recording,  the  computer  analysis  of  numbers  of  telephone  calls  and 
their  duration,  the  number  of  busy  signals  for  a  given  period,  and  the  total  load  on  a  telephone  system.  Com- 
munications management  also  includes  the  accumulation  of  system-wide  records  of  international  long-dis- 
tance and  local  calls,  to  include  numbers  called,  time,  and  duration  of  calls. 
4.  INDUCTIVE  DEVICE.  Essentially  the  same  as  an  acoustic  device  except  that  the  receiving  device  is  con- 
nected by  a  wire  to  the  recording  device. 
5.  INTERCEPTION.  The  aural  acquisition  of  the  contents  of  any  wire  or  oral  communication  through  the  use 
of  any  electronic,  mechanical,  or  other  device. 
6.  MONITORING.  The  aural  acquisition  of  the  contents  of  a  telephone  conversation  by  a  person  or  persons 
other  than  the  participants  in  the  conversation. 
7.  OFFICE  MANAGEMENT  ACTIVITIES.  The  monitoring  or  recording  of  telephone  conversations  for 
business  purposes  by  persons  or  devices  located  in  the  same  office  as  one  of  the  participants  in  the  conversa- 
tion. Office  management  activities  include  the  monitoring  by  secretaries,  administrative  assistants  or  other 
non-participants  in  the  conversation  through  the  use  of  extension  phones,  speaker  phones,  or  other  devices 
and  making  of  notes  by  such  non-participants. 
8.  PEN  REGISTER.  A  mechanical  device  that  records  the  telehone  numbers  dialed  from  a  particular  tele- 
phone instrument.  A  pen  register  records  telephone  numbers  only,  not  conversations. 
9.  RECORDING.  The  process  of  preserving  the  contents  of  a  telephone  conversation  through  the  use  of  elec- 
tronic, mechanical,  magnetic,  stenographic,  or  other  devices.  Recording  does  not  include  the  making  of  writ- 
ten notes  by  participants  in  a  conversation. 
ENCLOSURE  1