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Serial Scope:

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";

SECRET

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED EXCEPT

The Attorney General

WHERE SHOWN OTHERWISE.

JUNE

September 23, 1965

1 - Mr. Belmont

Directos, FBI

1 - Miss HImes

1

- Mr. Sullivan

PAKISTANI MISSION TO

THE UNITED NATIONS

INTERNAL SECURITY - PARISTAN

]

- Mr. Cotter

1 - Mr. Mossburg

(S)

10|19100

CLASSIFIED BYS DIALM/ely

DECLASSIFY ON: 25X

INFORMATION

Disclosure

Sanctions

SECURITY

Criminal

Unauthorized

NATIONAL

Subject to

MDR-K

On September 21, 1955, an informant who has furnished

reliable information in the past advised that the Pakistani

Mission to the United Nations had contacted the Sviet Mission

to the United Nations and requested a meeting between the

Pakistani Foreign Minister and Andrei Gronyko, Soviet Foreign

Minister.

It was indicated that the Foreign Minister of Pakistạn

would be arriving

in the United States on the evening of

-tai

Septamhor ?1

end the meeting tas namected for lß am.

that date.

This information was immediately furnished to the

Department of State. (S)

At 8 p.I. on September 21, 1965, Mi. Tom Hughes,

•Director, Bureau of Intelligence and Reserch, Department of State,

contacted a sepresentative of this Bureau and

referred to the

earlier information regarding the proposed meeting between the

Pakistani and Soviet loreign Ministers. Pr. Hughes stated. that

following this meeting between the Foreign Ministers, in all,

probability, the Pakistani Foreign Minister would attempt to

confer with the President of Pakistan by radio telephone. Mr. Hughes

MAILED, 2i

2. 3 1965

SEP

said that the Department of State believed that the results of

COMM-FBI,

this conversation between the Pakistani Foreign Minister and the

President of Pakistan would be of vital importance to the

U. S. Department of State in connection with its future planning

of action relative to the Pakistan-India dispute, and to the

United Nations cease-fire order which had a deadline of 3 a.n.

Septenber 22, "1965:

Inasmich as this Bureau does not have

• Tolson

technical coverage of the Pakistani Mission to the United Nations,

Belmont -

Mohr

We were unable to supply the Dapartmentro, State with the vita

De Loach.

information requested.

Casper -

REG- 34 6% -

& SEP 24 1965

Callahan -

7-242- 5

Conrad _

Felt.

At 10:25 a.m., September 22, 1955

we received infor-

Gale— mation from the above informant that

the Tore gn Minister of (5)

Sullivan -

Tavel -

AJD/mea (9)

• Trotter

POC'O SECRET

GROUP 1

Tele. Rogiz-

Holmes E3

ES& PLY 1965

Excluded

rom automatic

see note, pg

N

dow rains and

H4 95230 DocId: 32689655

JELETYRE UNIT

age

declassification

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## Page 3

SECRET

te male al... i 1.

The Attorney General

Pakistan would meet with Andrei. Gromyko at the Soviet Mission t

the United Nations, 3 p.I.: September 22, 1965. This information

was immediately furnished to the Department of State; however,

our lack of technical coverage on the Pakistani Mission to the

United Nations again precluded our obtaining results of the

probable telephonic contaci, following this meeting, between the

Foreign Minister of Pakistan and the President of Pakistan. (S)

The curtailment of our technical and microphone

surveillance coverage has severely restricted us in supplying

valuable data to interested Government agencies, relative to

the national defense.

1 - The Deputy Attorney General

NOTE:

Classified "Secret" inasmuch as refers to[Eechnical

surveillance everase of foreien diplomete establishent asse

the unauthorized disclosure of which would cause serious

to the national defense.

SECRET

HH 55230

DocId: 32989655

Page 3

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## Page 4

OFFICIAL SUPin NO, 1O

Air 1982 EDITION

ASA CEN. REG. NO. ?;

SECRET

UNITED STATES GOVERNMENT

MemorandumROUTE IN ENVELORD

Tut.

Cy:

TO

: Mr. A. H. BELMONT

DATE:

September 25:,

1964

JUNE

1

- Mx. Belmont

FROM

MR. W. C. SULLIVAN

Mr. Conrad

• Tele. Room

-

HiT.

ROSED

MI .

W.

C.

Sullivan

SUBJECT:

CONFIDENTIAL INFORMANT AND

Nix .

SIMILAR TYPES

Of COVERAGE

Enl

Baungardner

Mr.

Deegan

1019/00

Mr.

Engelstad.

-

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFLED EXCEPT

WHERE SHOWN OTHERWISE.

CLASSIFIED BYSOLALM

Mx e

TEoP

1

DECLASSIFY ON: 25X

NX •

Donohue

This is a monthly memorandum setting forth the totaly

number of the Bureau's confidential informants, mail covers

and the coverage we are maintaining for other Government agencies

as

set forth in the attached pages.

Technical surveillances are only utilized when necessary

and are discontinued when they are no longer productive. Their

(number varies and as of this date we are operating 54 investigative

type security Leonica, surveillances in Buzeau

cases.

öperating one

Investigative type technical surveillance in

connection with the layng or me three curt Fights.

Mississippy Ve are

operating 76 intelligence-uype (security

techical Surveillances restricted to coverase ox foreign country,

"diplomatic and official establishments,

which are in adaition to

those we are operating in Bureau cases.

In addition, at the specific request of National

Security

are covering the teletype facilities

of The white House work

OL LasS News Agency in New.

13

HH

55230

and 6U are installed in criminal matters.

During August, 1964,

16 security informants vere added

and 16 were deleted,

making a

total of 1,095 security informants.

Potential security informants during the same period increased

Sl From 367 to 369.

Duzing August, 1964, 158 criminal informants were added

while 109 criminal informants

were deleted.

This changes the nunber

of approved criminal informants from 3,290 to 3,339. AlSO,

auxing

August, 1964, the nunber of potential criminal informants changed

Enco

RECA 134-115501

JDD:k1b

(11)

TINCT.OSURE

16 10AA.;

DocId: 32989655

Page +

NATIONAL SECURITY INFORMATION

* Unauthorized Diselosure

Subiect ta

Criminal Sanctions

OCT 221054

---

## Page 5

MEMORANDUM TO MR. A. H. BELMONT

RE:

CONFIDENTIAL INFORMANT AND

SIMILAR TYPES OF COVERAGE

from 8,130 to 8,169.

During August, 1964, four racial informants were

added and eight were deleted,

leaving a total of 118 racial

informants. The number of probationary racial informants is

76.

in criminal fugitive cases and none in criminal cases other than

Investigative Division.

cases.

There are 76 mail covers in security

ACTION:

потеть

I suggest fees le

This is for your information. male cover ti

I langue ali

to pa place. in

SECRET

HH 55230

DocId: 32989655 Page

5

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## Page 6

I'S

MS

INT.

T'S

OFFICE

TEL

ALBANY

ALBUQUERQUE

ANCHORAGE

ATLANTA

BALT ILIORE

BIRMINGHAM

BOSTON

BUFFALO

BUITE

CHARLOITE

CHICAGO

CINCINNATI

CIEVELAND.

DALLAS

doodoooon

DENVER

• DETROIT

EL PASO

0

HONOLULU

HOUSTON

INDIANAPOLIS

JACKSON

JACKSONVILLE

KANSAS CITY

KNOXVILLE.

LAS VEGAS

2

LITTLE ROCK

0

LOS ANGELES

LOUISVILLE

INVESTIGATIVE-TYPE TECHNICAL SURVEILLANCES (INV) (IS)

MICROPHONE SURVEILLANCES. - MS

INTELLIGINE-TYPE TICHNICAL SURVEILIANCES (INT)

(IS)

TELETYPE COVERAGE - TEL.

SECURITY MAIL COVERS. - SMC

FUGITIVE MAIL COVERS - FMC

OTHER MAIL COVERS - ONC.

SMC

OMC

SI

PSI

PCI

RAC

RAC

PROD

22

55

71

32

54

51

51

66

166

61

72

59

51

116

000for000

10O0O

05511-68

TOTAY.

23

2

0

11

69

62

37

53

11'

75

35

57

5

14

5

0

2

21

63

116

]

79

SECURITY INFORMANTS - ST

POTENTIAL, SECURITY INFORMANTS-PS:

CRIMINAL INFORMANTS - CI

POTENTIAL CRIMINAL INFORMANTS - FC

RACIAL. INFORMANIS - RAC

RACIAL, INFORMANTS PROBATIONARY -

RAC

PROB

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 1019/00 BYSPALM, Cl

HH 55230 DocId: 32989655 Page 6

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## Page 7

OFFICE

MEMPHIS

, MIAMI

MILWAUKEE

MINNEAPOLIS

MOBILE

NEWARK

NEW HAVEN

NEW ORLEANS

NEW YORK

NORFOLK

OKLAHOMA CITY

OMAHA

PHILADELPHIA

PHOENIX

PITTSBURGH

PORTLAND

RICHMOND

ST. LOUIS

SALT LAKE CITY

SAN ANTONIO

SAN DIEGO

SAN FRANCISCO

SAN JUAN

SAVANNAH

SEATTLE

SPRINGFIELD

TAMPA

WASHINGTON

TOTALS

INY •

IS

0

1

1

MS

33

•0

•

65

105

NH 55230 DocId:32989655

Page 7

INT .

TS

TEY

.

SMC

FMC

ONC

SI

• PSI

8

36

7

95

•

21

2

76

14

76

3

25

49

1095 369

CI

PCI

32

108

26

SO

38

102

35

25

176

24

48

43

83

26

62

61

26

49

35

143

30

53

65

58

47

69

3339 8169

RAC

-

ORN

118

RAC

PROS

76

---

## Page 8

OPTIONAL FORM NO, 10°

106

MAY 1P62 EDITION

GSA GEN. REG. NU, 27

UNITED'STATÉS GOVERNMENT

Memorandum

MR. TOLSON

TO

JUNE

DATE:

10/6/64

FROM :

SUBJECT:

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIE

DATE 10/15/01

SPECIAL, INVESTIGATIVE

TECHIN IQUES

co Nir.

Belmont

Mobr

DeLoach

Sullivan

Rosen

Evans

Mr. Conrad

Tele. Fac=

Holses

Gancy

1.=5

This is to set forth the procedure being followed, under present

conditions, relative to the use of the following special investigative

techniques.

1.

TRASH COVERAGE

that trash covers were not to be used and any in existence must be

discontinued.

i. ED.

2.

MAIL COVERS

By instructions to the field dated 9/30/64, all offices were

Instzucted to discontinue mail covers in existence and to discoutinue the

of this technique.

instein

3. TECHNICAL SURVEILLANCES

5-Birsneie

Technical surveillances are being used only in security-type

cases. Any departure from this, such as in a kidnaping case, is presente:

to the Director for approval.

We are presently examining each of the technical surveillances

to insure that this technique is not beins used in a case with Drosecutive

possibilities.

The attached proposed instruction to the field stresses

the fact that the Bureau will not authorize any technical surveillance

in a case with prosecutive possibilities, ase do not want to run into

the question of tainted evidence.

REC- 31

1:2.-10

9

We disseminate a great deal of information outside the Bureau

from our technical surveillances, for examptento the White House,

State Department, CIA, the military intelligence agencies, and the

Department. This is necessary because we secure a great deal of intelli

gence

data on such matters as the plans of various countries regardins

issues being considered at the United Nations; the purpose of a pendinz

contact between a foreign diplomat and the State Department, or the

White house; plans of the Communist Party to initiate programs, or to

deluge the white House with tele alloral auditi inforMants of

AHB: CSH CSH_(8)

Unauthorized Disclosure

WW 552RC1d4t20m

DOETA: 329896904 OCT 19 1964

Subject to Criminal Sanctions

---

## Page 9

Mr. Tolson

RE:

SPECIAL INVESTIGATIVE

TECHNIQUES

the Communist Party or subversive elements to infiltrate the racial

movement; possible racial disturbances; advance planning of Martin Luther

King and his associates; demonstrations against Congressional committees,

et cetera. We also pick up information regarding Security Index subjects

which is

included in investigative reports that eventually go to the

Department, as the Department passes on Security Index cases.

Our safeguards in the area of technical surveillances are

(a) careful evaluation before they are installed. Current instructions

are that they shall not be used in any case with

prosegutive possibilitie:

(b) Paraphrasing or covering up of the source when we disseminate, so

that the recipients cannot determine that the source of the information

is a technical surveillance.

(c) Should a case develon prosecutive possibilities, despite our eff rts

not to use technical surveillances in any case which may develop int

prosecution, we will insist on a complete understanding with the Depart-

ment and the US Attorney, so that we will not run into another case,

such as the JARO case, handled so ineptly by US Attorney Hoey.

4. MICROPHONE SURVEILLANCES

Microphone surveillances are being employed in security cases (44)

and criminal intelligence matters (60). Each installation of a micro-

phone must be approved by Mr. Tolson's office.

We are presently going over each of these existing surveillances,

in the security field, to insure that they are not being employed where

there are prosecutive possibilities, and the same precaution will be

lused in future installations. The attached radiogram to the field

so instructs the field.

Intelligence information coming from these security microphones

is likewise disseminated, when pertinent, to outside agencies, with

appropriate paraphrasing and coverup of the source so that the

recipients will not know the source.

and copert on into

As in the case of technical

surveillances, valuable intelligence data is derived from these sources.

In the criminal intelligence field microphone surveillances

have been a primary source of information permitting us to gain knowledge

of the activities in the field of organized crime, and particularly

2

*HW 55230 DocId: 32989655 Page 9

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## Page 10

Mr. Tolson

RE:

SPECIAL INVESTIGATIVE

TECHNIQUES

Cosa Nostra. The information derived has enabled us to know of the

organization and planning of leaders of organized crime, and has pro-

vided data leading toward our primary goal of infiltrating, penetrating

and disrupting organized crime, and provided leads to develop Live

informants within organized crime. Following the leak from the Depart-

ment in the Las vegas case we stopped disseminating to the Department

and the US Attorneys any information coming from our microphone surveil-

lances, and since that policy was adopted we have had no further leaks

Irom these sources. The only dissemination we make is when we pick up

information about a possible forthcoming murder, or a matter within

the jurisdiction of local authorities.

"e then disseminate to carry

out our responsibilities, but we paraphrase and cover the source.

Fie

have had no difficulty in this regara.

The attached radiogram to the

field reiterates instructions that information coming from these

criminal intelligence microphones must not be disseminated without

prior Bureau authority.

If approved, we will operate along the lines set forth above.

A reas

3

1H 55230 DocId: 32989655

Page 10

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## Page 11

cc Mr. Beimo

Ms. Sullivan

Mr. DeLoach

-=

Mr. Baumgardne

Mr. Branigan

EX-100

REC- 49

TES ATTOUNDY CHISRAL

11: 7572

Director, MBI

TECHNICAL SUIVEJILARCES AND

TIE USE OF MLNCTRONIC DEVICES

August 2, 1965

ALL INFORMATION CONTAINED

HEREINIS UNCLASSIREL

DATE ID 1900 BY SPAALMe

On the morning of July 30, 1965, Mr. O. D.

Deloach and

Mr. A. I. Polnonts of tais Dureau, not with

or He Criminal Division 5a

of your oilice, and de, Loward villens,

memorandum of June 30, 1005, coaling with rechnigal

surveillances and the use of elcetronic devices.

In mlew of the soot that this Bureau does obtain

authority iron you on each technical surveillenca,

chus the Departuent exercisos contral control over the

nas of this

tochnique by the 13l, is. Leis advised that

i would be unnecessary for us to send an the 115te pena

tioned su the last paragraph of the Fresident's nemorandun.

with zeference to the first paragraph on page

of the President's nenorandun, dealing nith nechnical and

electzonie devices, as you ase avare we also consult with

you relative to the use of microphone surveillances, and

• consequently ve noot the requirements of this paragraph.

Daring the discussion with llessrs. Reis and killens

It, vas agreed that we would Joard samnles of the requests

have nade in connection with technical surveillances,

so lant the Dapartment can devise appropriate instructions

to other governent agencies concerning the fornat and

procedures to be followed in making requests of the Attoraey

Ceneral.

As oi possible assistance,

I an enclosing three

sanples of actual requests, frod which we have elininated

the

names of the subjects.

56

rid

This document is prepared in response to your request and is not for dissemi-

Its use is amited to officia proceedings by

your Committee que the content may nut be disclosed to unauthorked person-

enclorrashout theserpress approval of the FBl .

_ ARB: CSH

mont

soht

Carpit

Callanan

Contad ~

Felt

Gale

Rosen -

Sullivan

Tavel

Trotter.

Tele. Haom.

state

90759-7463

SENT DIREGIO.

8-9-65

dy

55230

FUS INAL FODULE TELETYPE UNIT

nncId:32989655

Page 11

946

SENT FOM D.

IME L.22F

DATE 5-2. 15

BY

XEROX

185

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## Page 12

9-30-61

-

Airtol

Belmont

HiT.

Evans

BiT.

Rosen

Mr.

W. C. Sullivar

Baungardner

kir. s. D. Dononne

IO: ALL OFFICES

Izui:. Director, IDI

MAIZ COVERS

ALL INFORMATION CONTAINED

IEREIN IS UNCLASSIFIE

Tho Buroin no longer dosics that mil cowers be used as

an investigativo recunique.

Therefore, this is to dyise that all

mail covers have been discontirued and the buresu will not

outertain additioual coquosts for nail covers in the future.

JDD: k1b

1121,

plk

NOTE:

See cover memorandum Sullivan to Belmont, captioned

"Confidential Informant and Similar Types of Coverage, " dated 930-64

prepared by JDD: klb.

nation outside your Committee.

your peqüest.und is not För dissemi

your Committee and the content may hut be disclosed to unmithorized person

nel without the express approval of the EBl •

2_ CC ALL FiELD OFFICIES

MAILED 5

ÜT 1 - 1069

REC 4

19e Nd he

LEADING

(:60M

1948

120-25365

Tolson

Belmont

Mohr

Cagper

Callahan

Conrad

De Loach

OCT 22

ZEt SU

Page

12

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## Page 13

CODE

RADIOGRAM

UNCINT

1 - Belmont

OCTOBOB 6, 2964

- Mohr

1

- DeLoach

- Sullivan

1

1

Rosen

Evans

77%

• Conrad

19. Hd ST

100

TO:

ALL SAC'S

ALL INFORMATION CONTAINED

TEREIN IS UNCLASSIFIEL

FROH; DIRECTOR, IBI

JUNE

TECHNICAL, SUSVEILLANCES ARE TO BE USED FOR INTELLIGERICE.

PURPOSIS ONLY AND, TILLETORE, YOU SHOULD INSUAL THAT YOU DO NOT

PROPOSE OR RIQUEST TECINICAL SUEVEILAICES IN CASES WHICH HAVE

NATIONAL SECURITY INFORMATION

PROSECUTIVE POSSIBILITILS, TAN SALE POLICY APPLIAS TO MICROPIONE

SURVEILLANCES WICH IVOIVE InESPASS, DISSEuIVAIION Of

Unauthorized Disclosure

INPORHATION FROM TECIIVICAL AND MICROFIIONE SUAVSILLANCES MUST

SX PARAPIMASED AND ARPROPRIATELY FORDED TO PROTECE TILL SOURCE.

WITH PARTICULAR RETENCE TO INFCRHATION DEVELOPED EROY

CRIMINAL INTCLLIGHICS RICEONIONES, YOU ARE AGAJI INSTRUCTED THAT

NO DISSIMINATION IS TO BE MADE OUTSIDE IS DURLAU WITHOUR PRIOS

Subject

HIO ADVISED IY MAIL.

10-2-04

10-7-604

ofe alice by la Diego

Batte

AHB: CSA-(10)

Hemphis

Moiste

66-8168-=

Cover memo

El Part

alpalue Belmont to Tolsent 35

RADIOGRAM-

ingfield 10/6/64 re

OCT L9 1961"

Tolson

Belmont

Mohr

DeLoach

Casper

Callahan

Conrad

Evans

Gale

Rosen

Sullivan

Tuval.

Troller

Tele. Room.

Holies co

SPECIAL- INVESTIGATIVE

CCTS

1961

TECHNIQUES (AFE: CSh) -

06 2185

7:56Pm

O-Jm.

VIA TELETYP

LaNT

tues

DIT COOPINS

ENCIPHERED i

ENG.

7242

anit

---

## Page 14

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE LILIAL

Marca 80, 1905

NORANCUM DOR THE ATIORNEY GENERAL

With rescrence to the propar controls over wirctagning and the

Lastallation ci radercphones, you wall recall that Ladyisod you that baci:

under the cuminictation of Altosney Gonaral Clal I recommended that

all Covernor agencios roirain from tircippicy unless ticre was

apocitic approval 1a coch inctance by de Attorney Conoral vio is the

chict law officer of the Covernment. I repentedan came recommendation

to each cucecontre Lutorney General following the administrtiion of littorney

Conoral Clark.

I have always felt that there was a very lax control in the handling

of viretapping by Covcanment agencles. I am to oaly head of a Govornment

intertigotra ngency thn does noi have the authrity to ruthorise 2 viretay,

but wader the system which I personally sot up. Therefore, requests for:

wirctans are sont ly me to the attorney Cancralfor his approval or

of the agency and certainly vithout specific approval of the cabinet officer

ta chargo ci te department,

I still feel quite strongly that no Coverrment agency should tap

a telephone taless it is anecificaliy approved in tach instance by tho Attorney

Whis

Coneral.: Was would certainly cireamarie promiscuous wiretarping oi

ine nar ci Government agencios and voald contralize in one place; the

7 204

Attorney Garoral's afice, a record a any phone taps wilch have been placed

by a Government agency.

As you are aware, in the cuss ci the Ill ve do not request

phoza tags encept in cases involving licnaring ant esplonage. This has been

zodier:

er upon zuy taçory that thon to lie of ea Individual or the lifoici

to Mation is in peril a pione tag is juetitica for intelligence purposes sa

Zeny Luormation obiaincd over a phone tap camobe used in the trial of a

WEEDE.

ST THERM (6)

SENTIN COM D. O.

Full: vu:

Taver

This document

is prepared in response to your request huhis chot for disses

natior; outside your Committee.

Its use is limited

Trotter

Tele. Room

your" Connittee and the content may nut be disclos

dy.

MAIL ROOM

nel without the express approval of the FBI.

BX

TELETYPE UNIT

HH 55230 DocId:32989655

Page 14-

222

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## Page 15

Memorandum for tab Satorney General:

In line with your susgestion this morning, I have aircady set up

tha prosecuro similar to requesting of autority for phone tops to ba usilisca

in roancsting cuthority for the placement di microghoncs. In cher wores,

I shall icaward to you from tima to time request for suinority to install

micrcahores vhoro doomed imporativo loi you consideration and approval

or dicapproval, Furthermore, i have inctrucied that, where you have

approved eithor a phone ton or the lastallatica ci a microphose, you be

advised von such is ciccontinuad i i loos ten dix months and, d not

discontinued in less than six months, that a new request be submitted by me

to you for extension of the telophone tap or microphone inctallation.

Respectially,

John Ecuar Hoover

Director

HW 55230 DocId: 32989655

Page 15.

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## Page 16

• TRUE COPY

9:53

• In a

March 30, 1965

HEWORANDUM FOR MR. TOLSON

ALL INFORMATION CONTAINED

MR. BELAONT

DATE DI900 BYSPLALMeLA

HEREIN IS UNCLASSIFIED

MR. DE LOACH

I called the Attorney General and advised him I had

checked both matters he had inquired about earlier today and

we, of course, have never tapped (Joseph) Alsop's phone and

-have had no surveillance on young Reston.

-

I further advised him that Mr. Deloach told me that

Moyers told him Alsop came in to see Moyers yesterday. The

Attorney General said this was the reason for his phone call.

I advised him that Alsop said he was going to prite a column

If we didn't take it off right away. I said as far as I am

concened Alsop can write anything he pleases.

The Attorney

General said before we get to that, what he is trying to do now

is make euro nohody did.

T said it is entirely possible the

Defense Department or the Comptroller General's office did. i

further stated we could very readily check his (Alsop's) phone

and find out but I wouldn't do that for him.

As to young Reston, I said there was no investigation

by us but it is entirely possible another agency did.

The Attorney General said the thing that occurred to

him is that Alsop believes this because he said something over

the phone which he said to nobody else and,

therefore,

phone must have been tapped,

but it is possible Alsop

talked on

-a phone that was tapped and it was not his phone. I said that

is possible; that it is entirely possible these other Government

agencies are tapping phones.

The Attorney General said the President talked to

him about that and he told the President he was contemplating

that no taps be authorized by anyone except himself - but he

has not discussed this with all the other departnent heads - so

he would have a central control. I told him I recomnended that

back under Tom Clark.

He said the President though that was

good idea. He further, said, if that is set up the way he would

like done, the requests would come through me to him. I said I

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

HH 55230 DocId:32989655 Page 16

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## Page 17

Memorandum for Messrs. Tolson, Belmont,

DeLoach

March 30, 1965

would be glad to do that.

He said Mckamara is perfectly

agreeable to this and McNamara thinks it is not possible in

Defense without his or Vance's approval but that is not his

(the Attorney General's) impression. I said it is not mine.

He said he told the President he had absolutely no question

about the Bureau in this regard but could not speak for the

other agencies.

I stated that, if an agent should get out of line,

he would be fired right away; that they understand that very

clearly; that when we have requests from the field that we

turn down, we don't even send them around to hift; that we try

to keep them down to 50 or 60 for the entire country in

espionage and kidnaping cases.

He remasked that kidnapings

are very rare. I explained that, where the life of an individual

or the life of the Nation is threatened, I think it warranted.

I said that three years ago, we had

about 100 and now have

gotten it down to about aù or so and ile ileiù is very

sensitive to the fact that they will not be approved here unless

it is something very vital; and I think this would be the only

way to do it.

The Attorney General said also he would like to

setup some similar procedure on microtone installations;

that he really ought to be informed in this regard, not be

told after but be told prior. I stated I am perfectly willing

to have that done; that

I see no objection.

The Attorney

General said he does notthink it is right to put a respon-

no to take son,

sibility like that on the Bureau; if authing comes out, he

has to take responsibility and so he might just as well

the responsibility.

I related that there are four categories: the so-

called mail covers and they have been discontinued; the so- called

trash covers and we have one in Miami on a Cuban who is working

for the Castro element; the other two categories are in so-called

phone covers and in the microphone covers. I said we still have

some microphone covers though not in large numbers; that they

are largely limited to espionage and dosa Nostra activities;.

•but I would start right away on the microphones the way we

follow on

"the telephones.

The Attorney General indicated he wanted to discuss

this with me in detail but not on the phone that he thought

on the taps we might have a system where the authorization

would run for a specific time, six months or something; that

as it is now he has no idea when they are taken off or when

-2 -

HH 55230 DocId:32989655 Page 17

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## Page 18

Memorandum for Messrs. Tolson, Belmont, DeLoach March 30, 1965

they continue to go on. I advised him that we re-evaluate

each phone tap every thirty days; that I have no objection

on re-evaluation to again notifying him we would like to

continue the tap. He said he was thinking of a longer period.

I said we could take three months or six months and he said

whatever fits in with our practice. I stated I would ge glad

to do whatever he suggests.

Very truly yours,

"T John Edgar Hoover

Director

not an

1 - Miss Holmes

HH 55230 DocId: 32989655

Page 18

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## Page 19

OTHMA PULL MY 18

194985I

N20.16:e 009, 0.58..

UNITED STATES COVER:

Memorändum

= 100;

JUNE

H8. TOLSON

DATE:

3/30/65

ALL INFORMATION CONTAINEE

XOM

A. H. B

ellion t HEREIN IS UNCLASSIFIED

• It.

Belmont

DATE LO 19/60 BYSALAM

Sullivan

Haized

Rosen

Genty

Oke.

-Gale

SUBJECT:

TECHNICAL SURVEILLANCES and

MICROPHONE SURVEILLANCES

J.D. DonohueL EQUilADS

Britn

With reference to the Director's conversation with

the AGi

this morning, concerning technical and micropione surveillances,.

I Innediately called Assistant Directors Sullivan, Rosen and Gale,

and instructed that, effective imnediately, all microphone surveil.

one to cater to technical sate stances.

are to be authorized, y the AG, in the same manner as we

In addition, when

either & technical or microphone surveillance is discontinued within

six months after being placed, the AG is to be notified. Also, at

intervals of six months after placing a technical or microphone

surveillance, the AG is to be advised that the survellances are i

being continued and the reasons why.

With reference to technical and micromone surveillances aow

In existence, we of course require periodic justification from the

Melù qui the cuuiinuance vi

tHESE SUIVELLIANDES.

AT ERe tIme OI

the next justification on these current surveillances we are

DOLLy thE dG that

they are In

and the reasons way.

existence and are being continued,

This will put hin on notice on a staggered

oasis

las these justifications come in.

io

It is not considered advisable to send out a written cornuni-

cation to the field on these new procedures.

me notification to

the Attorney General is hardled entirely at the seat of governest,

and no technical or microphone surveillances can be placed without

• Clearence by the Bureau at the seat of governmant.. If the Director

lagrees, we will orally. explain to the SACs when they come to the

seat of government for two-day conferences of inservice training

that we are following this new procedure-with the AG,

and, we will

stress to the sACs the absolute necessity for restraint and' caution

usias potta of these techniques:

Occasionally we receive a telephone call fron an SAC request-

jing authority on an urgent basis to place a microphone innediately

to cover the activities of a Soviet-bloc official who is visiting

a city overnight.

The field is required to cover such visits to

see whether the official

is making contact withan espionage agent.

A8B:CSH (6)

CONTIMED

REG. 59

OVER

543

07 APR MY 1955

APA 36,1065

NATIONAL SECURMY, INFORMATION

•Unauthorized Disclosure

Subject to Eininal Sanctions

IH 55230 Docid: 32989655 Page -19..-,r

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## Page 20

XI: Tolson

Such requests are always cleared with lr. Toisod in advance 11 time

permits; otberwise a memorandum is written immediately, advising

of the request and that authority was granted. In cases of such

urgency, it is suggested me continue to handle the requests in the

same manner, and innediately prepare a menorandum to the AG, putting

bim on

Any other problems which hay arise in implementing this new.

procedure will be called to your attention.

55230

• DoeId:32989655

Pare

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## Page 21

JUNE

July 11, 1965

ALL INFORMATION CONTAINED

MEMORANDUM FOR MA. TULSON

NIi. BELMONT

JIT. GALE

AR. ROBIN

MR. SULLIVAN

AAR. DE LOACH

Un duly 1a, 1985, tac Attorney General came around from lis offlue

to seo me relative to the probiem he 15 tachy in connection with tautulying bezure

Senator/Lung'e Committec concerntay tachnical installations and eleutronic une

for listening curpuses.

te stated that he did not anticipate any prosec concernaly

technical devices and i told his wa had been ascuroù by senator bastiand, Chulrian

el the mala vonuattoo of which senator Long dá liscouri is i Carian di à

zubcommittce that beentor Long wesüd not raise any questions avout the EBi'd

oporation: in ine maiter de technical surveluences and electronic devicus.

The Alturny Coneral stated he ielt that in view of the pressure that

is boing brougitto bear, particularty on the intorual Revenue dervise, he wouid

Liko to have all microphone instillations susyended at this time. the stater ast

- to remova duis interapinnes, but to stop any coverage of tha same do thatze -uld

be in a positiva to state that finese was no coverage oi ulcrophones by the jil.

I smaceuiataly iniormed in. belmont in tae prosence al the attorney tiendrai and

toid him to ces thot appropriate ciders were rasued to all fledd unucchavin;

pilcrophone intallatione to stoo cuverago di the samo but to allow lue micrusiones,

to remain la und not take them out unth furtzer word ton the Attorney Gonurd.

In the meantime, of course, we should not send any requeats for

microphone instailations to the attorney General for approvul but should avait

tos cutcome où the precent developments in the hearings veiore the dung Curicittee.

Ehon the Atturney General appeared before tao long Committee juitur aye

dr, bernard Fonsterwald, J6., Wuo ia to Chief Counsel of ta Cummittee, ti

Tomn Bo into the matter of kouhnicad inatallations by the 1BI anil asked varioue question:

Noboach Mascania, lae sacio, end lie Attornoy Goncial tae agroed to suyply certalo

Casper

Callahan.

Conrad

JLIi: BUM (10)

HEC:

1:624.22

ralt

12114

MOT

Gale

Rosen

Sullivan

1 - 1 10a Hol: NATIONAL SECURITY INFORMATION

Tuvel

Unauthorized Disclosure

JUL: 15 1965

COPY

UL RECORDED

Troller.

Tile. Room

Subject, to Criminal Sanctions

MAILWOOD L TELETYPE UNIT

HH 55230 DocId:32989655 Page 21

XEROX

JUL 1G 1355

---

## Page 22

Judy 19, 1065

Memorandum for Mesars. Tolson, Belmon, Galo, Rosen, Sullivan, Deloait

information, l instructed yesterday that a memorancur be prepared loneciatel,

for the Attornoy Geavral giving him the anawers to toe questions which hau icea

asked ot hit that pertain to the l'Bl. Guviasly Seuator Long did not seep Lia

promise do icnator lastiand reiative to invoiving tue visi in this lavestigativa

which the bong Conmittee is matung and which has beea largeiy cratered upon

the Internal Revenue nervice and its activities in the Pittavurgn fieid division.

do rugards the teciatial susvetllances witch ve have in operation, i

note that the Attoracy Gentral is holding and has aut sei approven drout his fucil

requedia dor tachnica aurvesiances, aud i velieve liai taus la proodbly due tu luc

heariaga walsh ara veing deld un the song commitice. Incileve tuat ve day be

orderad by te Adornaj Conoral naù we wii contine the coverage oi taoet watch

we save til operaticu

In vias ed the growin acidacy in this wiolo field, I win de kius

reluctant to agurave requusto dur ravanical survelliances untii the aimuspiere

I reales the vaine li tochnical surveillances ad well us ei bilesuprano.

lostriatios, both ta vir security aud in our crime investigations, out it it de tie

Will os Cou,res und the dedid vi tie Aluney ibenera, load they is sumpicioiy

suspended, to will, of coursa, have to corpiy wila di

Is the menitimo, 1 wout you to ve most circurepoet in requestin;

approval of auy techaic surveilinaces anu discontinue any maich iss pot taiy

pruincide.

Very tiwig yoard,

J. E. H.

Johu Edgar Roovas

Director

SENT FROM D. O

TIME

DATE

→ 114.1:

BY

WH 55230 DocId: 32989655 Page 22

sio

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## Page 23

OPTIONAL FORM NO, 10°

10-106

MAY 19G9 INITION

USA GEN. REC. LiO. 27

UNITED STATES GOVERNMENT

Memorandum

крис.

JUNE

Calichen.

, TỘ

MX.

folson

ALL INFORMATION CONTAINED ATE: 7/30/65

Resen !

Sullivan ge

Tavel

HEREIN IS UNCLASSIFIED

Belmont

Trotter

FROM

:

Tele. Room

Mohr

DeLoach

Mr.

Conrad pig

Ritan

Holmes -

Gandy

SUBJECT:

TECHNICAL AND MICROPHONE

Mx.

Gale

SURVEILLANCES

Mx •

Rosen

(President's

memorandum

Mr. Sullivan

of 6/30/65)

on the morning of 7/30/65 Assistant Director Der dach and

I met with Harold F. Reis of the Attorney General's Office and Howard

Willens of the Criminal Division, with reference to the President's

memorandum of 6/30/65 dealing with technical and microphone

surveillances.

DOr:

The President's memorandum restricts wire taps to

national security cases and requires the prior approval of the

Attorney Gonoral:

As the Bureau does clear everv technical survei-

lance in advance with the AG, no action is required by us.

The President's memorandum also states that each agency

should consult with the AG to see that the agency's practices in

microphone surveillances are in accordance with the law and with a

decent regard for

the rights of others.

Messrs. Reis and Willens

were advised that the FBI does clear its microphone surveillances

with the AG and, therefore, the AG is fully cognizant of our practices

and policies.

The President's memorandum calls for an inventory of

mechanical and electronic equipment to intercept telephone conversa-:

tions, and a list of interceptions currently authorized, and the

reasons for them.

Messrs. Reis and Willens advised that it would

not be necessary for the Bureau to submit sucó information to the

Department, inasmuch as all technical surveillances by the Bureau

have,

been under the strict control of the Department of Justice.

Mr. Reis said that it would be nevessary for the AG to

send a directive around to various agencies which use wire taps,

giving instructions as to the form which should be used in clearirg.

technical surveillances with the AG.

He asked whether the Bureau

could prepare such a directive, and whether the Bureau would be in a

position to advise the AG whether these requests from other agencies

had merit.

/I told Mr. Reis: that we would nott be

in a position

to

AHB: CSH

A

NAL SECURITY- INFORMATIN

122-25.

Unauthorized Disclosure

7-30-55

ibject to Crimifal, Sanetions

AUG ] '7 1965

1Wr9525o

(Page) 23

---

## Page 24

Mr. Tolson

¡comment on the merits of any of these requests. In so far as the foru

of the requests from other agencies is concerned, I pointed out that

when we request technical surveillances from the

AG we put in

sufficient information to show that the matter concerns internal

security and a paragraph as to the merits of the case, and that the

request from the agency should have sufficient information in it

to permit the AG to rule on its merits. I told Reis we would give

him samples of our requests so that he could use them in drawing up

instructions to the other agencies.

In discussing the question as to how the other agencies

would present their requests to the AG, Messrs. Reistand Willens

were advised that we would be glad to have such.

requests picked up

from the other agencies by our liaison representatives, and delivered

the AG's office, and thereafter return the requests, with the

AG's action, via liaison, to the appropriate agencies.

Mr. Reis

said that he was insisting that requests from the other agencies

ime thingh the top man;

would have to come from the ofiice of

the Secretary of Defense.

Relative to other agencies consulting with the AG as to

their practices in the use of microphones, Mr. Willens indicated

that he would probably be the one who would discuss this matter

with other agencies, for the AG.

ACTION:

None •

We will furnish to Mr. Reis a couple of samples

of our requests

for technical surveillances, after eliminating any

confidential names, et cetera, from them.

2

WH 55230 DocId: 32989655 Page 24

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## Page 25

OPTIONAL FURM NO, 10,

5010-108

HAY 1962 EDITION:

GSA GEN, REG. NO, 27

"UNITE'S STATES GOVERNMENT

Memorandum

JUNE

I TO

MR. TOLSON

DATE:

I7279)

5/11/65

CC

MI. Belmont

FROM

H

Belmont

MI.

Sullivan

Mx. Gale

SUBJECT:

ALL INFORMATION CONTAINED

TECHNICAL AND MICROPHON HEREIN IS UNCLASSIFIED

SURVEILLANCES

5-8 Bis

DATE 10/19,00 BY Sp21 ch

Dingin

I accompanied the Director to the Attorney General's officẻ

at 5 p.m., on 5/6/65 to discuss the use of technical and nicrophone

surveillances by the Bureau in our work.

The AG advised that he was not concerned about the use of

these techniques in

security work, apparently on the basis that the

need for such techniques in this field was apparent to everyone. He

said he was in agreement with the Director's position that all

technical surveillances by all government departments and agencies

should come through the AG for approval, in order that a strong control

could be maintained. He indicated he had talked to Secretary McNamara

who said the military were nui using wise laus, auù iu Difectos locono

of CIA, who indicated CIA had only had one wire tap, which the FBI

knew about (this was in a leak case involving a newspaperman in

Northern Virginia, which we declined to handle). The AG thought it

would be desirable for other agencies and departments to arrange

with the FBI

to place wire taps for them, when necessary, thus

insuring central control and handling.

We advised the AG that this was not desirable; that we had

found, as a matter of practice, that the only way you could keep these •

matters secret was to keep them within the FBI, and that we would not

admit to anyone that we actually had wire taps on specific persons -

or organizations, even though we cleared technical surveillances in

advance with the

State Department when they related to foreign

lestablishments. It was pointed out that the only one in the Depart-

ment of Justice who knows of the wire taps and microphones we have

is the AG himself, as such information does not go out of the AG's

office, and while persons.

we disseminate, they could not make a

could guess, as a result of information that

positive statement.

We reiterated

that we would not want to handle wire taps for some other agency.

The AG expressed

concern

about microphone coverage of

hoodlums in criminal work.

He said he was not concerned about

recording devices carried on the persons of our informants, of in

automobiles, of the rooms of informants, nor was he concerned about

legal microphones. He was concerned about the possibility that the

AHB: CSH (4)

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure

AUG

MH 55230

DocId: 32989655 Page 25

€ 5 10ggiect to Criminal, Sanctor 102

CONTINUED - OVER

6 JUL 28 1965

---

## Page 26

MI. Tolson

Department and the Bureau would be embarrassed by attorneys, such as

Edvard Bennett Williams, raising the issue of; microphones in court,

such as in the Las Vegas case.

We pointed out thät the Las Vegas matter arose as a result

of a leak, and we are not disseminating information from our micro-

phones, as such, any more to safeguard against such a leak; further,

Williams' attempt to utilize the Las Vegas microphones in the Alderisio

case in Denver backfired on Williams, and Williams has instructed that

the suit against the telephone company in Las Vegas be dropped as oi

5/14/65.

It was pointed out that La Cosa Nostra is aspowerful group

which spearheads organized crime in this country.

It has immense

power through corruption, money, influence in political and law

enforcement circles, and wields

power over its membership and asso-

ciates through fear; that it constitutes a menace to the welfare of

the country because of its power and influence, and has been surrounded

by an aure of invincibility.

We hare waged an

allanut attark on

this

group, using any and

all means to destroy it and break down its

influence and alleged invulnerability. In this attack our microphones

have been invaluable in that they have provided intelligence informa-

tion as to the identity of members of La Cosa Nostra, the areas of

their influence, and their organization and activities. Knowledge

permits us to plan our attack and to probe vulnerable spots; also to

disrupt and harass the group and pass information along to trusted

local and state officials, who can act on it.

Above all, this

knowledge assists us in developing live informants. Originally we

were told we could not develop informants in La Cosa Nostra, but we

have developed 8 and will develop more. Any case for prosecution

will be based on live informants or evidence not flowing from micro-

phones; therefore, these cases will not be "tainted" and the government

should be able to

forestall any demand for information on these

techniques in court by stating the case rests on evidence which in

no way flowed from tainted sources.

The AG was advised that unless he wants to cut down on the

attack on organized crime, these microphones are necessary. The AG

inquired whether trespass was involved and the extent to which the

telephone companies had knowledge of our microphones. He was told

that trespass is involved in about 95% of the cases, and that we

seek to keep the telephone company in ignorance by merely leasing

Vlines without telling the phone company what they are for.

-2 -

CONTINUED - OVER

HHT

55230 DocId: 32989655 Page 26

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## Page 27

Mr. Tolson

The AG said, after the discussion, that he would go ahead

and initial the memoranda we had sent to him,' and would like us to

send through the additional, memoranda showing the continuance of these

microphones.

He said he would rather know about these things, and

back the Bureau in its use of these techniques, than be in ignorance

of what was going on.

The AG advised that President Johnson had told him that he

aid not want technical surveillances used, and the President asked

for a list of technical surveillances on embassies.

It was agreed

in his pocket, but no list would be left at the white House.

value of the intelligence information funnelled to the White House

and the State Department and other agencies was pointed out to the

and we have prepared examples of these items for the Director to

use in his discussion with the President.

We have also prepared the

fist of technicals on empassies.

- 3

HH

55230 DooId:32989655

Page 27

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## Page 28

O"TIONAL PORM-NO. 19.

5010-108

MAT 1963 EDIT!ON

OSA GEM, RIOI NO. 21

UNITED STALES GOVERNMENT

Memorändum

ofit

TO

:Mi. Conrad

FROM : Ria) In Millen em

DATE:

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIE

TATE 1019/00E BYSPALACE U NI

July 26, 1965

Noses

Surizen

Tayo)

Trotter

Teie. Room

Holmes

Gandy

SUBJECT:

SENATE SUBCOMMITTEE ON

ADMINISTRATIVE PRACTICE AND

PROCEDURE (LONG COMMITTEE)

Reference is made to my memorandum to you dated July 21, 1965, captionea

as above which furnished intormation in response to the Director's questions

concerning portions of Treasury Department testimony before the Long Committee.

Regarding refresher training of sound-trained Agents in connection with

regular In-Service, the Director noted "It must be stopped." Accordingly,

arrangements have been made with the Administrative Division and Training

Division for immediate discontinuance of this refresher training.'

In connection with a reference by an Internal Revenue Agent to a tape recorder

built in a brief case and the explanation that Bureau has some small recorders thai

may be transported in a brief case, the Director noted, 'None is to be used without

specific approval by Tolson. No more are to be acquired.'" This type of equipment

already requires prior Bureau approval for its use and the prior authorization

will in the future be obtained by interested Divisions from Mr. Tolson. Director's

instruction with reference to not acquiring additional small recorders is noted and

I no further recommendations for acquisition of equipment of this type will be submitted.

Relative to the infrared night viewing devices used by the Bureau to assist

in physically surveilling a darkened area, the Director noted, "No more are to be

acquired. Tolson must approve the use. " Instruction relative to approval procedure

is included in attached proposed SAC Letter. The Director's instruction with

reference to not acquiring additional infrared night viewing devices is noted and no

I further recommendations for acquisition of additional units will be submitted.!

1 - Mr.

Belmont

1 - Mr.: Mohr

1 - Mr.. Callahan•

1 - Mr. Casper

1 - Mr. Gale

NAMONAL SECURITY INFORMATION

Unauthorized -Disclosure

Subject

Criminal Sanctions

AuG Bố 1965

1 - Mr. Deloach

22

} "

1 - Mr. Rosen

27-65

1 - Mr. Sullivan

1 - Mr.i Conrad

1 - Vir. Millen

1!.

NOT RACORDED

170 SEP'1

1965

¿ - Mr. Baker ^

RLM:ev (12)

WH 55220 DocId: 32989655- Page 28

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## Page 29

• Memo Millen to Conrad

Re:

SENATE SUBCOMMITTEE ON

ADMINISTRATIVE PRACTICE AND

PROCEDURE (LONG COMMITTEE)

In regard to the memorandum covering these items, Mr. Tolson noted

"Does the field get S' of G approval for use of this technical equipment?" and the

Director added "I would like to know. Any uses of the above devices must first

be approved by Tolson. "

In response to the Director's inquiry, coordination with other Divisions

at the Seat of Government reveals that Seat of Government approval for each

individual use of the night viewing devices and X-ray mirrors hasnot been

specifically required in the past; however, prior Seat of Government authorization

has been required for use of the small recorders. In the future, all such

authorization will be obtained by the interested Divisions from Mr.' T'olson.'

The attached proposed SAC Letter includes specific instructions that each

individual use of these and related devices must be approved by the seat of

¿ Government in advance of the use.'

RECOMMENDATION:

That attached SAC Letter be approved for distribution to the field.!

Ten of

Wett

2

55230

DocId: 32989655 Page 29

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## Page 30

OPTIONAL FORM NO: 10

MAY 1962 EDITION

GSA GEN. REG. NO, 27

UNITED STATES, G

ERNMENT

Memorandum

TO

MR. TOLSON

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

DATE 10/19/00

DATE:

Aightor

Stuntont

DeLoucie

- Capers

July 22, 1965

= -

FROM

W. M. FELT

totter

Tele. Room

Holmes

Gandy

SUBJECT: POLYGRAPH MATTERS

m.

The Director instructed me to look into our use of the polygraph to determine

whether administrative controls are adequate. Purpose of this memorandum is to

reflect results of my inquiries.

• I have made a detailed review of our controls and have discussed all phases with

personnel involved. Briefly, all requests of the field to use the polygraph must be

approved by the appropriate Assistant Director, the Assistant to the Director and in

levery instance final approval must be made by Mr. Tolson.

Current control procedures were initiated and placed into effect by the Director,

and are much tighter than before as indicated by the comparison set out below.

Use of the Polygraph by

Calendar Year

Number of Cases

In Which Polygraph

Was Used

Number of

Persons Examined

Calendar year 1963

Calendar year 1964

Calendar year 1965 (thus far)

943

521

95

2021

885

158

A further illustration of the effectiveness of current controls are the figures set

out below showing the use of the polygraph during the first 6 months of calendar year 196:

Polygraph Use Month by Month

Number of Cases

Number of Exams

January, 1965

February, 1965

March, 1965

April, 1965

May,

1965

June, 1965

28

BSC-

569

EX-180

12

10

2

6 AUG 5 1965

45

5 an / 36839

17

12

?

Also illustrative of the tightness of the controls at the present time is the

tabulation set out below showing total requests by month for the past six months, the

number of requests granted and the percentage of requests granted.

1 - Mr. Conrad :

This documenteis arepaxed in response to your request and is not for dissemi-

youricommatice and the content may nut be disclosed a bhahorized

NIN 55062: 66664562989658 ye s

i nel urthout the express approval of the FBI.

Its use is limited to official price en

---

## Page 31

Memorandum to Mr. Tolson

Re: Polygraph Matters

Total Requests

January, 1965

February, 1965

March, 1965

April, 1965

May, 1965

/ June, 1965

51

79

52

33

• 25

16

Requests Granted

Number

Percentage

33

17••

15

11

6

3

65%

22%

29%

33%

24%

19%

NOTE: Slight differences in this and the preceding chart

are due to the fact that some examinations performed

were requested and approved during the previous month.)

The above indicates that not only are the actual number of requests made by

the field decreasing sharply but also the percentage of approvals, i.e, from 65% in

January, 1965, to 19% in June, 1965. Many of the denials are made by the Assistant

Directors and by Mr. Belmont which

indicates the requests are being carefully

screened prior to being referred to Mr. Tolson for consideration.

OBSERVATIONS

In the light of the above, I am convinced that our use of the polygraph is being

held to the minimum and further that our administrative controls are completely

adequate to insure that there are no excesses.

RECOMMENDATION

None. Informative.

HH 55230

---

## Page 32

NATIONAL

Unauth

Subject

Disclosure --

minal Sanctions

CLASSIFIR

DECLASSIFY ON:

7A

25)

OPTIONAL FORM NO.

MAY 1202 EDITION

0-106

GSA GENIREG: NO. 10

UNITED STATES GOVERNMENT

Memorandum

SECRET

ROUTE IN ENVELOPE

TO

:

MR. BELMONELL INFORMATION CONTAINED JUNE

HEREIN IS UNCLASSIFIED EXC2' DATE:

WHERE SHOWN OTHERWISE.

cc Mr. Belmont

FROM : N. C. Sullivanle

Mr. Mohi

Mr. Casper

NiX.

Rosen

SUBJECT:

SPECIAL INVESTIGATIVE'

TECHNIQUES

Mr. Gale

in Bal

9/30/65 2lt/

Sullirst

MT.

Conrad

MT o

Felt

MT •

Sullivan

MT o

Baumgardner.

Mx. Donohue

Taie. Fees

Hoir=s

Gandy

• In the

attached memorandum you recommended that we prepare

for the Director's approval our suggested use of special

investigative

techniques. In the use of these various techniques, we intend to be

most circumspect and cautious and there is set forth below the policy

we propose to toLlow in connection with thei

TECHNICAL SURVEILEANCES

Reason-FCIM

1-2.4.2-250

Date of Revie

30/B

3/5/92

All wiretaps presently in operation

have been

approved by

the Attorney General

and are being used in connection with security

cases.

We will continue to obtain the Attorney General's written

anthonization for cach new wireter.

and will carefully evaluate each one to insure that it is absolutely

necessary.

For example, we will consider wiretaps where situations

develop

making it imperative for us to obtain intelligence data

through technical coverage, such as in connection with the dispute

between India and Pakistan.

This is the type of surveillance

recommended by the President's Foreign Intelligence Advisory Boara

and approved by the President.

I00

MICROPHONE SURVEILUANCES

REC 58 C

1O58

Following the Attorney General's suggestion on July 12, 1965

we deactivated all our microphone surveillances.

Attorney General has now expressed the opinion that it is desirable

ito use such techniques in the gathering of intelligence in the nat1on21

security field, we will reactivate these surveillances.

were only deactivated and were not removed, we suggest it will not be

necessary to secure the Attorney General's

approval to reactivate then,

but at the end of six nonths we will send the usual continuation

memorandum to the AG, putting him on notice that they are operating

and the results obtain warrant their continuance.

microphone we will carefully evaluate each one tore enreactivate

the

in a memorandum for

Director's approval.

8 NOVIAO 1965

Requests for new microphone surveillances will be presented

Attorney General for his approval as in the past and will be

confined solely to cases involving

• national security.

FJB/aab/csh (11):'

CONTINUED - OVER

15230

DAcId: 32989655

Page 72

---

## Page 33

SECRET

Memorandum to Mr. Belmont

SPECIAL INVESTIGATIVE TECHNIQUES

ANAGRAM AND

ANONYNOUS SOURCE PROGRAMS

Our Anagram Program, which is the surreptitzous entry into

foreign establishments to obtain codes and highly confidential material

in the past has produced material of inestimable value_ to the National

security. Agency in its efforts to break into communications channels

of foreign countries. In line with other special investigative (5

techniques, we discontinued this program. We feel that we should

specia, this operation, tut only with the personal assurance of the

Agent in Charge or Assistant Special Agent in Charge of the offic

involved that full security is assured.

We will make certain that prior

Bureau authority is obtained in each case. Likewise, we will give

consideration to similar requests in other highly important Bureau

cases where the intelligence to be gained warrants the use of this

technique. None will be authorized without Mr. Tolson's approval.

Y MAIL COVERS

train the

We have no intention of using mail covers except in highly

unusual situations

and on a limited basis.

We will only utilize this

technique when it is absolutely necessary, and in each instance we

will obtain

the approval of the Director prior to its use.

Whenever

used, we will maintain close supervision to insure the results are

productive and essential and will immediately discontinue the mail

cover, when no longer justified.

TRASH COVERS

We have no trash covers in operation at the present time.

As in the case of other special techniques, we will consider the use

of trash covers only where necessary and on a limited basis.

Each

request from the field will be carefully

analyzed and will only be

recommended for the Director's approval where it is felt the technique

is absolutely essential.

We will make certain that the cover continues

only as long as it is necessary and productive.

POLYGRAPH

We have discontinued the use of the polygraph. However,

• the Attorney General observed in his memorandum of September 27, 1965,

that polygraph tests are legal and frequently useful, and said he saw

no reason why we should not continue judicious use of this technique,

It.

_has been most effective in breaking certain cases, such as embezzle-

ment cases, where only two or three suspects had access to the money.

-

2.

CONTINUED - OVER

35230 DocIđ:32989655 Page 33

---

## Page 34

Memorandum to Mi. Belmont

SPECIAL INVESTIGATIVE TECENIQUES

SECRET

We will resume our selective use of the polygraph. Each request

from the field will be given most careful scrutiny. Where we

feel

the polygraph is essential to an investigation, a memorandum

will be prepared for Mi. Tolson requesting his approval for its use.

PORTABLE MICROPHONES AND

RECORDERS

These techniques are only used sparingly and the Attorney

General has stated that where the use of these devices is necessary

and appropriate and do not involve trespass or questions of legality,

the Bureau should continue to use them without authorization from

him.

Accordingly, in those cases where the use of this equipment

is fully warranted, we will carefully consider each request from

the field. Where the facts fully justify the use of these devices,

ve. will prepare an appropriate remorandum for approval.

PANEL

TRUCK USED FOR SURVEILLANCES

+51225979-

Special surveillance trucks are a legal investigative aid

which have been used ona limited basis with excellent results at

the discretion of the Special Agent in Charge. We plan where

warranted to continue use of this technique at the discretion of

the Special Agent in Charge with the following one exception to

insure tight control of its use: When a Field Office proposes to

use this technique in connection with a photographic surveillance of

a group meeting. it will be necessary for the

Field to secure prior

Bureau approval.

In each instance where such

a request is received,

a memorandum will be submitted for approval.

XCONCRALED CAMERAS

Upon authority of the special Agent an Charge, concealed

cameras will be utilized to obtain photographs of individual subjects

in individual cases.

the field is under instruction that this technique

should be utilized only in those instances in which photographs of snort

subjects are not obtainable through ordinary sources. Where it is

desired to use this technique to photograph mass groups, prior Bureau

authority must be obtained, except in civil rights demonstrations when

the type of equipment is left to the discretion of the Special Agent in

Charge who will be held accountable for exercising sound judgment in each

instance. It is recommended there be no change in the present policy.

SEGRET - 3-

CONTINUED - OVER

HH 55230 DooId:32989655 Page 34

---

## Page 35

AL I

(n)

Memorandum to Mr. Belmont

SPECIAL INVESTIGATIVE TECHNIQUES

INCOME TAX INFORMATION

We have in the past been able to obtain from the Internal

Revenue Service, on a highly confidential basis, information from

income tax records of considerable value in our

• investigations.

This

practite was recently discontinued. In view of the Attorney

General's observations that this type of information can and should

be obtained from the Internal Revenue Service, we will resume

obtaining it, but will present the facts in each case to the Director

for his approval before doing so.

RECOMMENDATION:

If.

you approve, we will carry out these procedures in line

with the policy outlined above.

л)

wes

Ramy 1

500.

SECRET

-4=

HN 55230 DocId:32989655 Page 35

---

## Page 36

→ This döcüment

is prepared

in response to your

request and is not for dissemi

nation outside

your

Committee.

Its use is limited to

official proceedings by

your Committee and the content may nut be disclosed to

"set

without

the

unauthorized

• person

express

approval of

the

OPTIONAL FORA: NO, 10.

3010-106

MAY 1902 EDITION"

GSA GEN, REG.

NO: 27

UNITED; STATES GOVERNMENT

Memorandum

SECRET

GLASSIMIED BY

TO

SECLASSIFY ON. POT

DeLegro

Caspe

Callahea

Conrad

Felt

Gale

MR. TOLSONS. & E

G -3

DATE:

9/28/65

25x

Reason-FCIM

Mich sun.

443

Date of Review

282

CC Mr.

Belmont

Trotter

FROM : A. H. Belmont

3/8/82

Tele. Foce

Mr.

• Sullivan

Holnes

Goady

Itti

Rosen

Mr.

Gale

SUBJECT:

SPECIAL INVESTIGATIVE TECHNIOUS

MY .

Conrad

7460-6307

ALL INFORMATION CONTAINED.

HEREIN IS UNCLASSIFIED EXCEPT

By letter dated 9/27/65'

the Attorney

Tenera SHOWN OTHERWISE

repized to

Bureau letter of 9/14/65 in which we pointed out that, in line with

the wishes of the AG and the concern of the President,

the FBI has

severely restricted and, in many instances, eliminated the use of

special investigative techniques.

In his letter the AG says he is completely in agreement that

undue limitation on special investigative techniques will make Lar

more difficult the protection of the country against subversion and

organized crime activities and, therefore, he sets forth his thoughts

and guidelines on these problems.

He refers to the hue and.cry raises

haranse of iniudicious use of these techniques by other agencies, but

states that the use of such techniques in proper circumstances is not

illegal and

in his judgment is appropriate and necessary.

Therefore,

he does not think it necessary for the Bureau to drastically limit the

use of such techniques and he will be happy to take full responsibiliti

fox their use under the guidelines he provided, namely

(1) Mail covers, trash covers, and polygraph tests are legal and

frequently useful investigative methods.

The AG sees no reason why

their judicious use should not be continued where the Bureau considers

it appropriate.

Similarly, information can and should be continued

to be obtained

from the Internal Revenue Service files, in accordance

with existing safeguards and limitations.

(2) The AG believes the Bureau should continue to use

portable

microphones or portable recorders where their use does not involve

trespass or questions of admissibility of evidence, or legality.

He

believes these

techniques should be used "without further authoriza

tion from me."

OBSERVATION:

In both category I and category

the AG is listing those

techniques which do not involve trespass or illegality.

Presumably

In this same category would be such techniques as the

use of two-wizy

REC 58

81

Nor

CONTINUEDEE QUE

SECRET & NOV 30 1965

HH

55230

DocId:32989655

Page 36

---

## Page 37

Mr. Tolson

SECRET.

Whore one elevate tea concealed cameras to dare

photographs, and the use offnight-viewing

(3) The AG then comments on wiretaps and microphones involving

trespass which "present more difficult problems because of the

inadmissibility of any evidence obtained in court cases and because

of current judicial and public attitudes regarding their use."

He

understands that such devices will not be sed without his authoriza

tion.

He states that wiretaps and microphones should be confined to

national security matters; that he will continue to approve all such

requests in the future, as he has in the past, and he sees no need

curtall any such activities in the national security field. He

recognizes the value of these techniques in the investigation

no value of yao

of organized crime, but feels "in the light of the present atmosphere"

that efforts in the immediate future should be confined to national

nonsto future should bo

security.

The AG says he will be happy to discuss the matter personally

with the Director, if desired.

UBSERVATION:

In this letter to us the AG is differentiating between two

(л)

types of

special investigative techniques,

(1) those involving

no trespass or question of legality, in which cases he authorizes

their use without further reference to him; and (2) those which do

involve trespass or a question of legality, in which cases he authorizes

their use in national security matters, subject in each case: to his

authorization. He says he will continue to approve requests of this

nature.

The AG apparently feels that he is on solid ground in

approving microphones and wiretaps in national security cases, but

lane meath me nation at to the taxe orant same

he is teariul of the Long Committee and attorneys such as Edward Bennett

crime field. His limitation as to the field of organized crime is

couched in terms "in the light of the present atmosphere I believe

that eiforts in the immediate future'

should be confined to national

security.

Therefore, this issue can be reopened when conditions

are more

favorable.

The AG does not cover in his reply the use of wiretaps in

kidnapings and cases involving jeopardy of human life. If such a

case comes up I think we can handle this by contacting the AG at that

Wtime, rather than raising the issue now.

2 SECRET

HH 55230 DocId:32989655 Page 37

---

## Page 38

Mr. Tolson

SECRET

The net effect of this letter from the AG is that he says

go ahead and use all of these investigative techniques judiciously, as

and

trespass to national security cases, and clear

each with him as in the past.

This has the effect of putting the AG

ion record, in writing.

that he recommends the use of these techniques

and stands back of their use. It would seen,

should use them, on a restrained, judicious basis.

therefore, that we

as previously noted, the President's Foreign Intelligence

Advisory Board has this matter under study. While the AG's letter

of 9/27/65 has removed some of the restrictions which are of greatest

concern to the Foreign Intelligence Advisory Board, such as the

restriction on microphones in security cases, it would be highly

advantageous to the Bureau if we could have the Board carry through

its concern to the President.

The Board could advise the President

of the extreme value of the intelligence produced by the Bureau in

the past and the fart that, herause of the atmosphere created by the

Long Committee and the Gallagher Committee, and the concern ot the Aüs

our coverage was drastically

cut down; that the AG has now removed -

these restrictions in the national security field; however, it is

resports.

imperative that the FBI be given backing in its intelligence-gathering

I think this is highly important, not only because we must

have, and are entitled to, White House backing in this field, but

because our efforts go beyond those matters taken up with the AG;

fox example, our Anagram program, which is the surreptitious entry

Into foreign establishments to secure codes, et cetera.

We have held

up on this program recently, and yet it is of inestimable value to

the National Security Agency in its efforts to break into communica-

¡tions channels of foreign countries. This, in turn, provides the

RECOMMENDATIONS:

I. At this point I see no reason for the Director to

personally discuss these matters further with the AG. The AG is on

record in writing and further discussion may obscure the commitment

he has made.

SECRET

3

HH 55230 DocId: 32989655 Page 38

---

## Page 39

Mr. Tolson

SECRET

#2861E

2. If the Director approves, I think we should advise Coyne

of the President's Foreign Intelligence Advisory Board, of the essence

of the AG's reply to our letter.

Boyne and Di. Baker were advised

that we had written to the AG, but they were not furnished the details

of our letter.

As the AG has removed his restrictions, in the national

security field, we should advise Coyne, and at the same

time encourage

him to follow through to stress the value of our coverage to the

President.

3.

As to our

use of special investigative techniques, based

on the AG's letter of 9/27/65, we should approach such use with caution

and restraint, bearing in mind that we are still faced with the antics

of the Long Committee and the public atmosphere of opposition to

invasion of privacy. Therefore, we will present for the Director's

approval suggestions as to where we go trom here iu the uso vi these

techniques.

Essentially, we would keep a tight rein on the use of

special investigative techniques, with each case resting on its own

merits.

ADDENDUM BY MR. TOLSON:

The AG has approved

everything

except microphones in the organized

crime field.

This is so m

the crime fild;

memo 9/39

SECRET

NN 55230- DocId: 32989655

Page 39

---

## Page 40

OPTINHAL FORM NO, 10

106

MAY 1962 EDITED, •

OSA GEN, REG, NO, 27.

UNITED STATES GOVERNMENT

Memorandum

Tolson

DeLoach,

: Mx. DeLoach

ALL INFORMATION CONTAINED

HEREIN IS UNGLASSIFIED

or 5f1ndj

• DATE:

June 28,

1967-

: 10/191

DATE

JUNE

Callert

FROM : J. H. Gale

SUBJECT:

DEPARTMENT'S

RILES REGARDING USE

OF WIRETAF PIG AND OTHER ELECTRONIC

SURVEILLANCE BY THE EXECUTIVE BRANCH

Sullivar

Invel -

S Trotter -

LENA 5, BAKER

Tele. Room —

mom:/lolmes -

ROUTE IN ENVELOPE

SYNOPSIS:

Ternal Sanderlie ail

set

A copy of the Attorney General's newly formulated

rules, directed to heads of executive departments and agencies,

for use of wiretaring and other electronic surveillance has

been reviewed in coordination with the General Investigative,

Domestic Intelligence and Laboratory Divisions.

Investigations directly related to the protection

of national security are specifically exempted from these

rules, with existing procedures continuing in force.

?is

SECURITY INFORMATION

Disclosure

Sanctions

Unauthorized

NATIONAL

Subject to

Rules prohibit all wiretaring except where consent.

of one party has been obtained, in which case, agency head's

advance approval is required for such interception.

Use of microphones and other

18-81100-273301113

electronic surveillance

devices involving trespass into a constitutionally protected

area is prohibited and note made that there is support for

view that any electronic eavesdropping in constitutionally

protected area is violation of Fourth Amendment, even though

Ino trespass has occurred. Even when no invasion of

(constitutionally protected area has occurred, rules observe

that surreptitious electronic surveillance involving intrusion

into privileged relationship (attorney-client, et cetera) may

violate First,

Fifth and Sixth Amendments.

Use of such

devices involving violation of the Constitution or a statute

is prohibited.

Logal use of electechic sy

Norance devices, not

involving wiretaging, is rosiricted to situations where con

sent of one party to monitored coverage has been obtained.

In such cases, advance written approval. of Attorney General

must be obtained for use, unless in emergency matters, In

which case Attorney Coneral tu be advised in writing within

24 hours

120 planacion my situation qualified as emergency.

Enc

1

1

₫ 168

1 - it, asper

504139

3.

Felt

cons

Deloach

Rusen

37.9

Mohr

lis Noo dcAndrews

Sullivan

= is Mio Inery

• Mr. Wick

1W 5523,0

DokId: 31P896951 paleno

24721

17 Caio

castration

---

## Page 41

Memorandum to Mr. DeLoach

Re:

Department's Rules Regarding Use

of Wiretapping and Other Electronic

Surveillance by the Executive Branch

Where such devices are used in accordance with rules

tapes and other records are to be preserved, specially classified,

filed and safeguarded and made available to agency personnel

only where "essential to Government operations."

Record to be

maintained of identity of each individual to whom such material

is made available.

Rules provide for limitation on procurement of such

devices, in addition to provisions for storage in limited

number of locations and maintenance of inventories.

Agency head is to submit report to Attorney General

each July 1 (beginning July 1, 1968) regarding all use of such

and brief summary of results obtained, during previous

year, with inventory of equipment in possession of the agency.

ACTION:

(1)

Attached for approval is an airtel to Albany and

all other offices, enclosing a copy of the above-discussed Depart-

mental rules and including a restatement of Bureau policy that

Bureau approval is still to be obtained before any use is made of

any electronic surveillance equipment.

(2)

A copy of the rules is attached for review by the

Laboratory Division in order that the Laboratory can setup

procedures regarding maintenance of equipment and inventory

requirements in keeping with the provisions of the rules.

(3) A copy of the rules is attached. for the Files and

Communications Division for review and compliance with the

provisions regarding preservation and filing tapes and other

record material, special classification of such material, and

maintenance of

such records to limit access to authorized personnel

only, in addition to recording identity of those to whom such

material has been made available, as provided for in the rules.

(4) Following their reviews of the rules, the Laboratory

and Files and Communications Division should issue any instructions

to the field necessary as a result ot

the establishment of any

procedure deemed necessary by those divisions.

invis

DETAILS - OVER

NH 55230 DocId: 32989655 Baye

Sui - 2 -

---

## Page 42

!.

Memorandum to Mr. DeLoach

RE:

Department's Rules Regarding Use

of Wiretaring and Other Electronic

Surveillance by the Executive Branch

DETAILS:

We have received a copy of the Attorney General's

newly formulated rules for the use of wiretap..ng and other

electronic surveillance devices, which rules

have been for-

warded by memorandum to the heads of executive departments and

agencies. The Attorney General notes that these rules are

consistent with the Supreme Court's decision in Berger V.

New York, in which the Court ruled New York's law allowing

electronic eavesdropping under court order unconstitutional.

Specific note is also made that investigations directly related

to the protection of the national security are specifically

exempted from these rules, with existing procedures continuing

in force in that area.

The rules prohibit all wiretaping except where the

consent of one party has been obtained.

In such a case, each

agency is to adopt procedures to provide for advance approval

by the agency head for such an interception.

With regard to microphones and other electronic surveil

lance devices not involving a wiretap, the rules prohibit the

use of such devices when accomplished

by trespass into a

constitutionally protected area, including stuations involving

installation by penetration into a common wall. Note is made

that there is support for the view that any electronic eavesdropping

in a constitutionally protected area is a violation of the

Fourth Amendment, even though accomplished without physical

trespass or entry.

The rules also stated that even where no invasion of

a constitutionally protected area has occurred, surreptitious

electronic surveillance involving intrusion into a privileged

relationship (attorney-client, et cetera) may violate rights

provided for by the First, Fifth and Sixth Amendments.

is followed up by a statement that the use of such devices by

Federal personnel to overhear or record nontelephone conver-

sations involving a violation of the Constitution or a

statute is prohibited.

In noting that certain uses of electronic devices

are legal, the rules cite Lopez V. United States and Osborn

V. United

States, where the use of recording devices was held

= 3 -

HH 55230 DocId:32989655 Page 42

---

## Page 43

Memorandum to Mr. DeLoach

Re:

Department's Rules Regarding Use

of Wiretapping and Other Electronic

Surveillance by the Executive Branch

to be legal if the consent of a party to the conversation had

been obtained (body recorders and similar situations).

• In order to limit the legal use of electronic surveil-

lances, the rules provide that the advance written approval of

the Attorney General for any use of electronic or mechanical

devices to overhear nontelephone conversations without the con-

sent of all parties must be obtained. Such requests for advance

Attorney General approval must be submitted in writing by the

head of the requesting agency and shall contain justification

for the proposed use;

type of equipment to be used; identity of

person involved; proposed location; duration of proposed use,

and manner and method of installation.

In emergency situations, the agency head may authorize

the use of such devices to overhear or record nontelephone con

versations without the consent of all parties provided that,

within 24 hours, the above-mentioned written requirements are

submitted to the Attorney General together with an explanation

why the situation qualified as an emergency.

Where Attorney General approval has been granted, and

such devices are used within the scope of these rules, the

responsible agent or agents shall, where technically feasible,

record the conversations by means of a permanent tape or record.

Such tapes or records shall be preserved and a written report

setting forth the actual use is to be submitted to the agency

involved. Such reports,

tapes, logs, transcripts, summarj

memoranda and similar material

shall

be specially

classified,

filed and safeguarded,

and shall not be made available to

agency personnel or others except where "essential to Government

operations." A record is to be maintained concerning each person

to whom such information or material has been made available.

Further provisions are made to insure that each agency

head will be responsible for limiting the procurement of devices

primarily designed to be used

surreptitiously to overhear oi

record conversations to the minimum necessary for use consistent

with these rules.

In addition, such devices are to be stored

in a limited number of locations to insure effective administrative

control.

-1.

NH 55230 DooId:32989655 Page 43

---

## Page 44

Memorandum to Mr. DeLoach

Re:

Department's Rules Regarding USe

of Wiretapping and Other Electronic

Surveillance by the Executive Branch

An inventory is to be maintained of all such equip

ment where stored, including record of dates used, to whom

assigned, and when returned. Such records are to be maintained

for six years.

The rules then require that each agency head shall

submit to the Attorney General on July 1 of each year a report

of all uses of such equipment during the previous year in

accordance with provisions enumerated in these rules, together

with a brief description of the results obtained and

a complete

inventory of such devices in possession of the agency.

Mr. Nathaniel E. Kossack, Criminal Division, has

advised that the first July 1 report will be required

Well, sak, and seen in eard one is piat

The rules are concluded by specific exemption of

investigations directly related to the protection of the

national security from the provisions set forth, which matters

are to continue under existing restrictions now in force.

Included in these rules is general proviso that

any question about the propriety or legality of the proposed

use of electronic surveillance devices should be referred to

the Department, Therefore, if such a question arises in the

future in connection with FBI investigations, each should

be handled individually in the case in which

it arises.

Inasmuch as these rules embody the Department's

current policy on all wiretarang and electronic surveillance,

it is believed that each office should be furnished a copy oi

these rules together with a restatement of Bureau policy that

in all cases the Bureau's approval is to be obtained before any

use is made of any electronic surveillance equipment, regardles.

of whether such use has been declared legal by the courts.

This matter was coordinated with the General Investi-

gative, Domestic Intelligence and Laboratory Divisions.

17H 55230 DocId: 32989655

Page 44

---

## Page 45

ATIONAL

SECURITY INFORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

JUN3 0 S0S7

Tolson -

l'eLoach.

Moht -

Wick

CaSTeS 00100

Call sur -

consend ....

Felt

Galo

13s. 195

+1 11199408 mo

Tribe. Be. ii

55230

1

1

Airtel

1

DeLoach

Mr.

Mohr

MT •

Wick

Casper

Mx. Callahan

Nx. Conrad

. - Mr. Felt

1 - Mr. Rosen

1

• MI o

Sullivan

1

- Mr. Tavel

I - Mr. Gale

1 - Mr. McAndrews

1 - Mr. Emery

6/29/67

To:

SAC, Albany • Enc. 2

JUNE

Diractor, IBI

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

IT LIT SAILINGS DELIA S

Enclosed for each office is a copy of the Attorney

General's memorandum to heads of executive departments and

agencies dated 6/16/67 and his letter of 6/22/67, which set

forth the Department's rules regarding all wiretapping and

use of other electronic surveillance techniques by the

Executive Branch.

While these rules make no substantial

chanre in our operations, which have always been subject to

stringent restrictions, they should be caretully reviewed

to insure that our investigative operations are in strict

conpliance with these regulations.

You are reminded that Bureau policy requires that

Bureau approval is to bo obtained before any use is made of

any type of electronic surveillance equipment, regardless

of whether such use has been declared legal by the courts.

This policy continues in force and there are to be absolutely

no departures tron this requirement of advance Bureau approval.

You will be advised separately regarding procedures

to be followed in connection with the maintenance of such

equippent and the record-keeping procedures to be followed

3. n

copplying with these rule, 28

2 • 411 Other Offices • Enc. 2

62-12114-

ST-104

JUL 5

1967

NOTE:

See

memorandum J. H. Gale to Mr DeLoack 6/28/67,

captioned

! "Department"s

Rules Regarding Use of Wiretaping and

Other Electronic Surveillance by the Executive Branch, " TJE:tjm.

ajh

IJE:tjm

(15)

ROUTE IN ENVELOPU

UNNECORDED COPY FILUD IN

DocId:32989655

TELETYPE UNIT C

Page 45

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## Page 46

OPTIONAL FORAS NO: 10

MAY 1902 EDITION.

GSA GEN. REG. NO. 37

UNITED STATES GOVERNMENT

Memorandum

Tolson

ROUTE IN ENVELOPE

TO

Mr. Conrad

DATE:

"FROM

A. Jo Baker gib

ALL INFORMATION CONTAINED

HEREIN SUNCLASSIFIEL

DATE 10 12/00 BYSPALMeL

SUBJECT DEPARIMENT'S RULES REGARDING USE

OF WIRETAPPING AND OTHER ELECTRONIC

SURVEILLANCE BY. THE EXECUTIVE BRANCH

July 20, 1967

Casper

Callahan

Conrad -

Felt

Resigne

JUNE

Trol

Tele. Room

folmes -

Gandy

SYNOPSIS:

ENCIDICELA SURNCIIANCE

Memorandum J. B. Gale to MC. DeLoach, 6/28/67,, summarized

Department's rules for use of technical equipment and recommended

that Laboratory and Files and Communications Division set'up

any procedures necessary for compliance with the Department's

instructions concerning the preservation of logs, tapes, etc.,

and the maintenance of inventory records.

Mr. Tavel's memorandum

to Mr. Mohr; 7/17/67, advised the Attorney General of our present

record-keeping procedures and our interpretation of his instructions.

The procedures recommended herein concerning inventory records

are in keeping with the procedures and interpretation set forth

in Mr. Tavel's memorandum. Section Ill of Departmental memorandum

exempts equipment used in national security matters.

There is

currently in the field only that technical equipment authorized

sox use on national county matters This equipment is afforded.

strict control in accordance with long-standing Bureau policies

• and

no new

procedures need be established to comply with

Department's instructions.

Technical equipment maintained at SOG is suitable for

use in either security or nonsecurity matters; however, Departmental i

rules all but eliminate

any nonsecurity use of this equipment.

Accordingly, no reason to include any equipment in category

requiring yearly reporting to the Attorney General until such

equipment is actually used in a nonsecurity matter. At such

time as technical equipment is authorized for nonsecurity use,

Mohr

- Mr. DeLoach

1

- Mira

Callahan

- Mix.

Gale

fand food for?

Mr.

ROSEn

- Mr.

Sullivan

• Mr.

Tavel

Conrad

i sit.

Baker

Mr. Miller

RAM: 01"

MW: 55230: Dadid 31980655

Page 16

REC

48

8160-2.932

6 AUG 15 1967

NATIONAL SECURITY INEORMATION

Unauthorized Disclosure

Subject to Criminal Sanctions

CONTINUED - OVER

---

## Page 47

Memorandum to Mr. Conrad

Re:

DEPARTMENT'S RULES REGARDING USE OF WIRETAPPING AND OTHER

ELECTRONIC SURVEILLANCE BY THE EXECUTIVE BRANCH

016/74

221)

division handling authorization should advise Laboratory and

Administrative Divisions.

Necessary equipment will be provided

from SOG stock and Laboratory will advise field and Administrative

Division of the appropriate identification data for inventory

purposes.

Equipment will be returned to SOG at termination of

authorized use.. The Administrative Division should set up a

separate subsection in the inventory file, in which to maintain

for a period of six years, the inventory cards containing the

continsi

record of movement and use of technical equipment used in non-

security investigations.

198 hour dip

LO, RECOMMENDATIONS:

1. That no change be made in current procedures

utilized to control the use of technical equipment in national

Bepa

Nd

security matters.

2. That the following procedures be established to

insure compliance with Department's rules in use of technical

equipment in nonsecurity matters:

a.

That the division handling any technical equipment

authorization advise the Laboratory and Administrative

Divisions of any such authorization.

b.

That the necessary equipment be supplied from soG

and that Laboratory provide the field and the

Administrative Division with the appropriate

equipment identification data.

Cist tool As det

That the Administrative Division set up a special

subsection in the inventory records in which to

maintain for six years the inventory cards

containing the record of movement for technical

equipment used in nonsecurity cases.

→ 2

HH 55230 DocId:32989655 Page 17

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## Page 48

Memorandum to Mr. Conrad

Re:

DEPARTMENT'S RULES REGARDING USE OF WIRETAPPING AND OTHER

ELECTRONIC SURVEILLANCE BY THE EXECUTIVE BRANCH

DETAILS:

Memorandum J. H. Gale to Mr. DeLoach, dated June 28,

1967, summarized the Attorney General's newly formulated rules

for the use of wiretapping and other electronic surveillance

devices.

The memorandum

recommended that Laboratory and Files

and Communications Divisions set up any procedures necessary

for compliance with the Department's instructions concerning

the preservation of logs, tapes, etc., and the maintenance of

inventory records. Mr. Tavel's memorandum to Mr. Mohr, 7/17/67,

advised the Attorney General of our present record-keeping

procedures and our interpretation of his instructions.

The

procedures recommended herein concerning inventory records

are in keeping with the procedures and interpretation set forth

in Mr. Tavel's memorandum.

Basically, the Attorney General's instructions require

that records be maintained in the field and at headquarters for

a period of six years identifying each item of technical

equipment on hand, place where stored, dates assigned for use,

identity of all persons using same, manner in which used,

maintenance of tape recordings or other permanent record

results obtained through its use, and yearly reporting of

this information to the attorney

General.

In the Attorney General's memorandum, under Section Ili,

National Security, the statement is made, "The

foregoing rules

have been tormulated with respect to all agency investigations

other than investigations directly related to the protection

of the national security."

This instruction exempts equipment

used solely in'national security investigations from the special

inventory and record requirements enumerated in the Attorney

General's memorandum.

There is currently in the field only that technical

equipment which has been

authorized for use in connection with

national security investigations.

This equipment is afforded

strict control in accordance with long-standing Bureau policies.

Current administrative and inventory policies in respect to the

use and control of this equipment are adequate and no new

procedures need be established to comply with the instructions

or the intent of the Attorney General's memorandum.

- 3-

HH 55230 DocId: 32989655 Page 48

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## Page 49

Memorandum to Mx. Conrad

RE:

DEPARTMENT'S RULES REGARDING USE OF WIRETAPPING AND OTHER

ELECTRONIC SURVEILLANCE BY THE EXECUTIVE BRANCH

The technical equipment maintained at the SOG for

dispatch to the field as needed is available and suitable for

use in either national security investigations or in other

investigative matters not related to maintenance of the national

security. However, limitations placed on the use of technical

equioment by the Attorney General all but eliminate any use of

this equipment except in national security matters. Accordingly,

there appears no reason to regard any of our technical equipment

as falling within the category requiring detailed record of use

and yearly reporting to the Attorney General unless and until

such equipment is actually used in a nonsecurity-type investigation.

At such time that any item of technical equipment is so used, it

will become subject to the special inventory requirements

specified by the Attorney General and appropriate records of

the equipment use will be maintained.

The following procedure is proposed for control of

technical equipment authorized for use in investigative matters

not directly related to protection of the national security:

The division handling the authorization should advise

the Laboratory and Adninistrative Divisions whenever use of any

technical equipment is authorized.

Necessary items of equipment

will then be supplied to the field from soG stock. At that time,

the Laboratory will provide the Property Management Unit of

the

Administrative Division and the field office receiving the

equipment with equipment identitication data and advise that

the equipment is subject to special inventory control in

accordance with the Attorney General's instructions. All

equipment will be returned to SoG by the field upon termination

of use for which authorized. The returned equipment will be

retained at SOG for use in other nonsecurity investigative

matters, or as conditions warrant, will be restored to stock

for use

in matters relating to protection of the national security.

A subsection of the inventory cards should be set up

in the Property Management Unit, in which to maintain Ior a

period of six years the inventory cards containing the record

of movement and use of the technical equipment utilized in

nonsecurity investigations.

The above procedure will provide strict control over

equipment and will insure that appropriate records of movement,

storage, and use are maintained in accordance with the attorney

General's instructions.

• IH 55230 DorId: 32989655 Pare 49

- 4 -

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## Page 50

(°13 1J-150

(Ed). 4-26655)

- UNITED STATES GOV

NMENT

Memorandum

¿PARI

MENT OF JUSTICE

ALL FBI INFORMATION CONTAINID

October! 9/19794.

TO

: Acting Director

Federal Bureau of Investigation

DATE:

Mr Closed?

FROM

Henry t. Petersen

Assistant Attorney General

Criminal Division

SUBJECT:

Consensual Monitoring of Telephone and Non-telephone

Conversations

This is in reply to your memorandum to the Attorney

General concerning the above matter dated August 18, 1972.

it:.

Mr Jenki:.

Mr. Isler BS.

hair. Fondel

Mr Vine-

Tro R. m-

Mr Kinter -

Mr. Armstrong -

Ms. Hervig

Mrs. Neench

By memorandum dated October 16, 1972, presently being

processed for delivery, a copy of which is attached, the Attorney

General's Memorandum to the Heads of Executive Departments and

Agencies dated June 16, 1967, was superseded by new guidelines.

You will note that under exigent circumstances, similar to those

set out in your memorandum, emergency monitoring under your

authorization or that of bureau officials designated by you will

be sanctioned.

With regard to consensual monitoring of telephone

conversations, responsibility for the establishment of guidelines

for the control of such monitoring by its agents will remain in

each department and agency.

7:.

incent.

MeN- Puttering go

aja seems for divy eating?

722

100

1: 6

ZENCLOSURE

Attachment

-14

1i 10.-.

• 0

34/418

+54185574

i..:

DEC & 1972

I'hes document is prepared in response to your request and is not for dissemi

nation outside your Committee.

your committee and the content may nut be disclosed to unauthorized person

and the content one to 0.

Its use is limited to official proceedings by

nel without the express approval of the FBl.

1H 55230

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Page 50

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## Page 51

Offire of the Atturncy Grueral

Mashington, I. C.

OCT 1 & 1972,

---

MEMORANDUM TO THE HEADS OF EXECUTIVE

DEPARTMENTS AND AGENCIES

• Re: Monitoring Private Conversations with

the Consent of a Party

This memorandum concerns the investigative use of

electronic and mechanical devices secretly to overhear,

transmit, or record private conversations when one or more.

of the parties to the conversation is a Federal agent or

is cooperating with a Federal agent and has consented to the

overhearing, transmitting, or recording of the conversation.

This memorandum does not restrict any form of monitoring when

all parties to the conversation consent, nor does it affect

existing instructions on the related matter of electronic

surveillance without the consent of any party to a conversation.

(See Manual for Conduct. of Electronic Surveillance under

Title III of Public Law 90-357; and Outline of Duties and

Responsibilities of Attorneys and Agency Personnel Involved in

the. Conduct of Title III Court Autherized Interceptions, distributed

Nov. 3, 1970).

ALL FBI IN'ORMATION CONTAINED

BERIN IS UNCLASSINEL

46u344?

ENCLOSURE

HH 55230 DocId: 32989655 Page 51

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## Page 52

-2 -

I. The Law On Monitoring Private Conversations

with the Consent of a Party

The Supreme Court of the United States has for

some time distinguished between electronic surveillance of

a conversation without the consent of any of the participants,

which in most circumstances is constitutionally impermissible

without court order, and the monitoring of a conversation

with the consent of one but not all of the participants.

See On Lee, y. United States, 343 U.S. 747 (1952) (informant

carrying concealed transmitter); Lopez v. United States,

373 U.S. 427 (1963) (agent carrying concealed recorder);

Rathbun v. United States, 355 U.S. 107 (1957) (police officer

listening on extension telephone). While the decisions in

the cases involving consensual monitoring have been predicated

on various grounds, it is apparent that the central difference

between consensual monitoring and non-consensual electronic

surveillance is that in the consensual situations there

exists one party to the conversation who is working with the

government and who will relate to the government the substance

of the conversation, and that in such situations the monitoring

serves simply to provide instantaneous communication and to

assure effective corroboration. The government in such

situations gains access

to no information it would not otherwise

have obtained; it simply obtains it faster and in a more probative

HH 55230

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Page 52

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## Page 53

- 3 -

form. This essential difference was recently

emphasized by

the Supreme Court United States v. White, 401

U.S.C 745 (1977)

decided April 5, 1971, in which the Court held that a Federal

agent could properly testify to statements he had

verheard

a defendant make to a government informer by means of a

secret transmitting device which the informer had concealed

on his person at the time. Announcing the judgment of the

Court, Mr. Justice White stated:

Concededly a police agent who conceals

his police connections may write down for

• official use his conversations.with a defendant

and testify concerning them, without a

warrant authorizing his encounters with

the defendant and without otherwise violating

the latter's Fourth Amendment rights.

* *

For constitutional purposes, no

different result is required if tha

agent instead of immediately reporting

and transcribing his conversations with

defendant, either (1) simultaneously

records them with electronic equiament

which he is carrying on his person,

* * * (2) or carries radio equipment

which simultaneously transmits the

conversations aither to recording

equipment located elsewhere or to

other agents monitoring the transmitting

frequency. * * * If the conduci and

revelations of an agent operating

without, electronic enuipment do not

invade the defendant's constitutionally

justifiable expectations of privacy,

neither does a simultaneous recording

of the same conversations made by the

agent or by others from transmissions

received from the agent to whom the

defendant is talking and whose

trustworthiness the defendant necessarily

risks.

HH 55230 Do0Id:32989655 Page 53

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## Page 54

-4 -

* * *[The law permits the frustration

of actual expectations of privacy by

permitting authorities to use testimony

of those associates who. for one reason

or another have determined to turn to

the use of informants * **. If the,

law gives no protection to the wrongdoer

whose trusted accomplice is or becomes

a police agent, neither should it

protect him when that same agent has

recorded or transmitted the conversations

which are later offered in evidence to

prove the State's case. [Citations omitted]

The Court in White, after noting that there was no

constitutional prohibition against the monitoring of conversations

with the consent of one party, called attention to Titie III

of the Omnibus Crime Control and Safe Streets Act of 1968.

That statute, in the subsection enacted as 2571(2) of

Title 18 of the United States Code, excepted consensual

monitoring from

its coverage as follows:

(c) It shall not be unlawful under this

chapter for a person acting under color

of dra communication, wine such pelsphone]

is a party to the conmunication or one

of the parties to the communication has.

given prior consent to such interception.

(d) •It shall not be unlawful under this

chapter for a person not acting under color

of law to intercept a wire on oral

communication where such person is a

party to the communication or where one

of the parties to the conmunication has

given prior consent to such interception

HN 55230 DocId:32989655 Page 54

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## Page 55

-5 -

unless such communication is intercepted

for the purpose of committing any criminal

or tortious act in violation of the

Constitution or lairs of the United States

or of any State or for the purposes of

•committing any other injurious act.

•II. Administrative Regulations Concerning

Consensual Monitoring Conversations.

The monitoring of conversations with the consent

of one of the participants is a particularly effective and

reliable investigative technique, and its use by Federal

agents in investigating criminal cases is encouraged where

appropriate and is expected where necessary. Nevertheless,

although it is clear that such monitoring is constitutionally

and statutorily permissible - and therefore that it may be

conducted without judicial warrant - it is appropriate that

this investigative technique continue to be the subject of

careful

self-regulation by the Executive Branch of the Federal

Government. Accordingly, the following restrictions will

apply in all criminal investigations employing the consensual

monitoring of conversations.

•(a) Conversations other than telephone conversations.

All Federal departments and agencies shall, except

in exigent circumstances as discussed: below, obtain the

advance authorization of the Attorney General or any designated

Assistant Attorney General before using any mechanical or

HH 55230 DocId: 32989655 Page 55

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## Page 56

.

-6 -

electronic device to overhear, transmit, or record private

conversations other than telephone conversations without

the consent of all the participants. Such authorization is

required before employing any such device, whether it is

carried by the cooperating participant or whether it is installed

on premises under the control of the participant.

Requests for authorization to monitor private

conversations shall be addressed to the Attorney General,

in writing, by the head of the department or agency responsible

for the investigation, or his delegate, and shall state:

1. The reason why monitoring appears desirable,

the means by which it would be conducted,

the place in which it would be conducted;

and its expected duration.

2. The names of the persons whose conversations

would be monitored and their roles in the

matter under investigation. When the

name of the non-consenting party or parties

is not known at the time the request for

authorization is made, the department or agency

making the request shall supply such information

to the Attorney General within 30 days after the

termination of tha monitoring.

MH 55230 DocId: 32989655

Page 56

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## Page 57

- 7 -

3. That it is the considered judgment of the

person making the request that monitoring

is warranted in the interest of effective

•law enforcement.

Requests for authorization will receive prompt

consideration by the Attorney General or his designee. To

assure adequate time for considering a request and for

notifying the requesting department or agency of the appropriate

decision, it is important that each request be received by.

the Office of the Attorney General no less than 48 hours prior

to the time of the intended monitoring. It should be clearly

understood that the use of consensual devices will not be

authorized retrospectively.

Where a request cannot be made in compliance with the

48-hour requirement, or in exigent circumstances precluding

request for authorization in advance of the monitoring --

such as the imminent loss of essential evidence or a threat

to the immediate safety of an agent or informant - emergency

monitoring may be instituted under the authorization of the

head of the responsible department or agency or other agency

official or officials designated by him. The Attorney General or

his designee shall be notified promptly of any such monitoring

H# 55230 DocId:32989655 Page 57

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## Page 58

-8-

and of the specific conditions that precluded obtaining advance

approval, and shall be afforded the information enumerated

above that would-have been given in requesting advance

approval.

Each department and agency should develop procedures

to assure that under such exigent circumstances its agents

will be capable of acting expeditiously. The Attorney General.

or his designee shall be kept advised as to the identity of

those officials who have been designated by department or

agency heads to authorize such emergency monitoring.

(b) Telephone conversations.

Telephone conversations -- because they involve the

transmission of the participants' conversations through a

complex and far-flung network of wires, the common use of

multi-party lines and extension telephones, and the possibility

of an unseen participant permitting another person to listen

at the same telephone -- have long been considered not to

justify the same assumption of privacy as a face-to-face

• conversation. Nevertheless, there is still a need to provide

for the supervision and control of consensual monitoring of

telephone conversations. Accordingly, the current practice of

charging each department and agency with the control of such

consensual monitoring by its agents will continue.. Each

department and agency head shall assure the adoption or the

HN 55230

DooId:32989655

Page

58

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## Page 59

continuation of agency rules on this subject. Such rules shall

also provide for the expeditious, oral authorization of such

monitoring where necessitated by exigent circumstances.

Ill. Security of monitoring devices.

It shall be the responsibility of the head of

each investigating agency to procure and maintain only the

minimum number of devices designed for the consensual

monitoring of conversations that the agency reasonably needs,

consistent with current policy, to overhear, transmit, or record

private conversations for investigative purposes. The

equipment shall be stored, as feasible, in one central location

or in

a limited number of locations so as to facilitate

administrative control.

An inventory shall be maintained on a current basis

at each location at which monitoring equipment is stored.

All equipment must be accounted for at all times.

When

equipment is withdrawn from storage a record shall be made

as to the times of withdrawal and of its return to storage.

By written report, the agent to whom the equipment is assigned

shall account fully

for the time he possessed the monitoring

equipment and the uses he made of it. Equipment should be

returned to storage when not in actual use except to the extent

that returning the equipent would interfere with its proper

utilization.

HN 55230 DooId:32989655

Page 59

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## Page 60

- 10 -

Each agency shall maintain copies of

, the complete

inventories of equipment showing the times of withdrawals

and returns, and copies of the written reports of the

responsible agents specifying the uses made of

tht

equipment.

Such-records should be retained for at least six years.

IV. Annual Reports.

The head of each investigative agency, or his

delegate, shall submit to the Attorney General during July

of each year a report containing (1) an inventory of all

the agency's electronic and mechanical equipment designed for

the monitoring of conversations, and (2) a brief statement of

the results obtained during the prior fiscal year by the

use of such investigative monitoring.

This Memorandum supersedes the Memorandum to the

Heads of Executive Departments and Agencies, dated June 16;

1967, captioned "Wiretapping and Electronic Eavesdropping." •

•Attorney General

HH 55230 DocId: 32989655

Page 60

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## Page 61

DO OFFICE OF ACTING DIRECTOR

FEDERAL BUREAU OF INVESTIGATION

UNITED STATES DEPARTMENT OF JUSTICE

MR.

MR. MOHR

MR. ROSEN

MR. BATES

MR. BISHOP -

MR. CALLAHAN

MR. CAMPBELL

MR. CASPER -

MR. EVELAN

MR. DALBEY

MR. MILLER. /EX

MR. PONDER

MR. SOYARS -

MR. WAIKART

MR. WALTERS

TELE.ROOM

MRS. NEENAN.

what steps hans we taken

to Complay erik Has Serians

IPis o this Memorauden?

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED

10/29

10:501

iTo

10/1

This document is prepared in response to vour request and is not for dissemi

nation outside your Committge.

Its, pre instes to to tout fried mes br

nel without the express

20 on the do the are a let tier

46-816-39148

ENCLOSURE

HH 55230 DocId: 32989655 Page 61.

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## Page 62

TO

FROM

:

OPTIONAL FORM NO, 10

5010-106

MAY 1902 EDITION

GJA GEN. REG.

No. 2i

UNITED STATES GOVE

ENT

Memorändum

Mr. L. Patrick Gray, III

Acting Director

Daniel M. Armstrong, I

SUBJECT:

DATE: 11/8/72

ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIEE

DATE 1019/00 BYSPRALAICL

CONSENSUAL MONITORING OF TELEPHONE AND

"NON-TELEPHONE CONVERSATIONS

Baker

Bishop

Callahar

Cleveland

Conrad

Dalbes A

Gebhardt

Jenkins

Marshall

Miller, E.S.

Purvis.

Soyars

Walters

Tele. Room -

r. Kinley u..

. Armstrois

Ms. Herwig -

Mrs. Neenan -

Re memo from W. V. Cleveland to Mr. Felt, 11/1/72, on

T'his document

is prepared

nation outside

your commit

13

your Committee

and the

corici

nel without the

express

approval

onse

to

your request and is not for disseri

abIts use

timited to official proceedings tag

nut

be disclosed to unauthomat persona

FBI.

this subject.

With respect to consensual monitoring of telephone conversations:

the referenced memorandum indicates that the Attorney General is pre-

pared to give the investigating agency authority to set up its own controls.

Such authority is what the FBI asked for in its letter to the Attorney

General dated August 18, 1972, which letter is cited in the referenced

memorandum. However, referenced memorandum suggests that for the

time being the approval of the Acting Director or Acting Associate Director

should be obtained prior to consensual monitoring of telephone conversations..

Since this issue was apparently resolved prior to August 18,

1972, in favor of giving SAC's or persons acting in their behalf the authority

to authorize consensual monitoring where telephone conversations were

involved and since I am not aware of any subsequent developments which

warrent a reconsideration of the FBI's proposal in this regard, I recommend

that the authority_to_authorize consensual monitoring of telephone con-

versations be delegated to the Field as recommended to the Attorney

General back in August:

REC14 66-8160-3450

I have previously indicated my reasons for favoring such a

delegation, which advocacy is based primarily on the belief that the

requirement of obtaining clearance from Headquarters can as a practical

matter cause Agents in the Field to have to forego consensual monitoring

in circumstances where such monitoring would be a valuable investigative

technique.

3

DEC R. 1972

sensitive cases and the SAC's should be told that good judgment will

The delegation should be defined as intendingto embrace non-t

continue to dictate consultation with Headquarters in matters involving

"(DO NOT DEFACIN

(2)

DMA:nm

N.

1 - Mr. Armstrong

SAL IS ON SCREENE

chested

H# 55230

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GET MONS

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## Page 63

Memorandum for Mr. Gray

Re: Consensual Monitoring of Telephone and

Non-Telephone Conversations

MAND

prominent figures, pohticians, Government officials news media

personnel etc. In all cases the appropriate United States Attorney

/ would be consulted in advance of the monitoring. These restrictions

were written into the airtel of 6/14/72 which was proposed to go to the

Field back in June when this issue of delegation was first raised. The

airtel, of course, was not sent in the form proposed because it was

decided that the matter of consensual monitoring would first have to be

taken up with the Attorney General.

D. Claus esto

HH 55230

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63

-2-

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## Page 64

Airtel

5.

50117

2450

TO: SAC, Albany

1 - Mr. Bishor

REG-14/

From: Acting Director, FBI

66-7160 - 1- Mr. Callahan

I - Mr. Conrad

1 - Mr. Dalbey

CONSENSUAL MONITORING OF

TELEPHONE CONVERSATIONS

1 - Mr. Gebhardt

11-16-72

1 - Mr. Miller

1 - Mr. Soyars

1 - Mr. Walters

1 - Mr. Cleveland

1 - Mr. Keith

1 - Mr. Jenkins

1 - Mr. Marshall

At the present time FBI Headquarters authority is necessary for the

consensual monitoring of telephone conversations. Effective immediately

Special Agents in Charge may authorize monitoring of telephone conversations

in nonsensitive cases. Special Agents in Charge may give this authority under

the following conditions:

your bequest and is not for dissensi

mroceedenys by

unauthorized person

• (a) . One of the parties to the conversation has given written

consent to FBI Agents to monitor the conversation. :

(b) Prior consultation is had with the appropriate United

is limited to official

States Attorney and he concurs in the monitoring and/or

recording of the conversation. This concurrence should

either be obtained in writing or contirmed in writing.

'..

be disclosed to

(e)

The fact that a consensual monitoring has occurred should

be set forth in the next report submitted to FAI Headquarters

FBI

, or in the absence of a report by letter within 30 days of the

monitoring.

ALL INFORMATION CONTAINED

HEREINIS UNCLASSIFIED

BYSLALM

DATE 10/19

to

in response

prepared

Committers Its are

nút

the

(d) A control file should be established in each field osfice and

content may

appropriate documents relative to the authorization and

utilization of this procedure should be retained. Thip:con-

trol file will be for the purpose of the Special Agents in

""

Charge administrative control and for review during s

your

and, the

express

inspections.

349180 3

All Offices

1Htye

NOV 701972

Feti

NOTE:

Bamà

See memoranda W./ Cleveland to Mr. Felt I1-7-72, and

Bi: 3

Daniel M.

Armstrong, I, to Acting Director Gray 11-8-72,

Caro

Man

(ingerin

re "Consensual Monitoring of Telephone and Non-Tel-phone

Canad

Dainet

Conversations. "

lanies

..i:

WVC:mkr (15).

Miller, B.S. -

Persis

soyars -

Wallers

Tele, Room =-45

Ms. Kinkey.

N. A 674302-41978

MAIL. ROOM L

# 55230 " DocTA: 32989655

TELETYPE UNIT!

Page

64

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## Page 65

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Airtel to SAC, Albany

RE: CONSENSUAL MONITORING OF

TELEPHONE CONVERSATIONS

In cases of exireme sensitivity, Special Agents in Charge should

continue to obtain FBI Headquarters authority for consensual monitoring

of telephone conversations.

Appropriate manual changes being prepared.

на 3

HN 55230

DocId: 32989655

Page

65

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## Page 66

CUTIONAL POEM NO. 10

5010~106

MAY 1962 EDITION

GSA GEN, REG.

iro. zi

• UNITED STATÉS

'VERNA

•NT

Memorandum

TO

: Mr. Felt

FROM

W. V. ClevelandN

DATE: 11-7-72

ALL INFORMATION CONTAINED

HEREINIS UNCLASSIFIER

DATE 101900 BYS ALMICH

10R16

SUBJECT

CONSENSUAL MONITORING OF TELEPHONE AND

NON-TELEPHONE CONVERSATIONS

Felt

' Baker

Bishop

Callahan

Cleveland

Conrad -

Dalbey

Gebhardt

Jenkins

Marshall

Milier, E.S. -

Purvis

Soyars

Walters .

Telc. Room -

Mr. Kinley

Mr. Armstrong-

Ms. Herwig —

Mrs. Neenan -

-

By letter to the Attorney General dated August 18, 1972, it was

pointed out that the FBI is fully aware of the need for administrative

restraint in the use of consensual monitoring of telephone and non-

telephone conversations. It was suggested that such restrictions could

be continued by delegating responsibility to approve consensual monitoring

of non-telephone communications in FBI cases personally to the Director of

the FBI, the Acting Director of the FBI or other official of the FBI acting

in the absence of the Director. It was further requested that the Attorney

General authorize the Director to delegate to the Special Agents in Charge

or those acting in behalf of the Special Agents in Charge the authority co

authorize.consensual_monitoring.of telephone conversations

By letter dated October 18, 1972, Assistant Attorney General

Henry E. Petersen acknowledged our letter of August 18, 1972, and

furnished a copy of new instructions to heads of executive departments

and agencies, superseding instructions that had previously been issued

June 16, 1967. Briefly, these new instructions provide that in the case

of conversations other than by telephone the authorization for the moni-

toring must be obtained from the Attorney General or an Assistant

Attorney General on at least 48 hours advance notice and on a statement

of why, where, and when the monitoring will be done and on what persons

In emergency situations agencies were given the authority to designate

someone to give this authorization, to be followed by prompt notification.

to the Attorney General.

The new instructions also called for the maintenance of an inven-

tory of all equipment used in such monitoring and also called for an annual

report containing an inventory of all the agencies' electronic and mechanical

equipment designed for the monitoring of conversation

1 - Mir. Bates

1 ~ Vir. Marshall

:8161

1 - Mr, Bishop

I - Mr. Miller

REC-ICI

I - Vir. Callahan

l - IVe, Conrad

1 ~ Mi. Soyars

3

DEC $ 1972

I - Mr. Clevoland

I - Mc. Dalbey

1 - Mr. Keith

I -IVir.

Jenkins

This document is prepared in response to your request and is not for dissemi

nation outside your Committee.

Its use is limited ta a fall EproceeducE fly

Qyour Committee and the content may nut be disclosed to unauthorized person-

nel without the express approval. of the FBl .

HH 55230

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## Page 67

N

2 299099

Memorandum tu aIr. Felt

RE: CONSENSUAL MONITORING OF TELEPHONE AND

NON-TELEPHONE CONVERSATIONS

Inspector Number Oe Man A. A. Staffeld and the writer talked to

Assistant Attorney General Petersen and Harold Shapiro, one of his deputies,

on the afternoon of November 6, 1972. It was pointed out that the FBI had.

previously been exempted from submitting such a yearly report and the

maintenance of such an inventory, and a letter had been forwarded to the

Attorney General July 2, 1969, in this regard. Both Petersen and Shapiro

stated that the latest instructions were not meant to change the exemption

previously given the FBI in 1969, because to require such reports from the

FBI would be duplicative and overlapping. They advised that they would

furnish the FBI a current letter reiterating that the FBI is exempted.

It was also pointed out to Petersen and Shapiro that the new instruc-

tions called for notification in writing to the Attorney General 48 hours prior

to the utilization of consensual monitoring of non-telephone conversations.

Again they pointed out they had included these instructions as a guideline for

agencies, other than the FBI, who had a habit of mailing letters to the

Attorney General that would arrive at the Department too late for authori-

zation by the Attorney General. They stated that this has never been the

problem with the FBI as we are located in the same building, and that they

will give us approval on these just as they have in the past provided the

Attorney General or his designee is available. They were advised that in

emergency situations where there was not sufficient time to obtain this

authority that the authority of the Acting Director or the Acting Associate

Director would be obtained and the Attorney General thereafter advised.

With regard to consensual monitoring of telephone conversations,

the Attorney General states the investigating agency may set up its own

controlst is suggested that for the time being we continue to require the

authority of the Acting Director or Acting Associate Director.

ACTION:

(1) No change will be made in the Bureau's current practice with

regard to inventory or submission of annual reports, and a letter will be

obtained from the Department renewing the FBI's exemption in this regard.

(2) We will continue to obtain authority from the Attorney General

in connection with consensual monitoring of non-telephone conversations

just as we have before, so long as the Attorney General is available. In

emergency situations the authority of the Acting Director or the Acting

Associale Director will be obtained and the Attorney General will there-

after be advised promptly.

30

DoOM

FFF

P.

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