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• Merritt, James E., attorney, Morrison and Foerster, counsel to the Page
Mitchell, Hon. Parren J., a Representative in Congress from the State
Mosher, Hon. Charles A., a Representative in Congress from the
Stark, Hon. Fortney H., a Representative in Congress from the State
Terry, Robert H., Commissioner, Accounts, Collections, and Taxpayer
Whitaker, Meade, Chief Counsel, Internal Revenue Service_
"A Bankers Guide to IRS Procedures for Examinations of Customer
Caming, H. W. William, attorney, letter dated March 18, 1975, to
dated March 14, 1975, to Hon. Robert W. Kastenmeier__
Kastenmeier, Hon. Robert W., chairman, Subcommittee on Courts,
Mandelkern, Irwin, attorney, letter dated March 3, 1975, to House
"Operational Guidelines for Compliance by Commercial Banks with
the Treasury Regulations," by the American Bankers Association___
Right to Privacy-Recommendations of the House Republican Task
Task Force Report No. 9, Confidentiality and Third Parties, American
Reports of Federal agencies concerning electronic surveillance
made to the Attorney General for fiscal years 1973 and 1974___
Correspondence between the Department of State and the
Additional letters received by the committee___
Memorandum on the Bill of Rights Procedures Act, Harvard Civil
Rights-Civil Liberties Research Committee_--
Personal Observations and Recommendations on Privacy, by
William C. Sullivan, former Assistant to the Director of the
Judicial Procedures for National Security Electronic Surveillance,
List and brief description of statutes authorizing the issuance of
subpenas by administrative agencies of the Federal Govern-
A Report of the 1974 Conference on Confidentiality of Health
Comparative Study on Wiretapping and Electronic Surveillance
Laws in Major Foreign Countries, prepared by members of the
Additional information on telephone company monitoring-
Secrecy of Communications and Protection of Company Property,
Immunities, Rights, and Privileges Accorded Foreign Govern-
ments and Their Representatives in the United States, prepared
by the Office of the Chief of Protocol, Department of State____ 1020
Excerpt From U.S. News & World Report, June 19, 1975-‒‒‒‒‒
Appendix 20-Supreme Court of the United States:
United States v. U.S. District Court for the Eastern District of
Opinion of Court, delivered by Mr. Justice Powell-
Appendix 21-U.S. Court of Appeals for the District of Columbia
Zweibon v. Mitchell__
Appendix 22-Supreme Court of the United States:
United States et al. v. Bisceglia-No. 73–1245-Argued Novem-
Opinion of Court, delivered by Mr. Chief Justice Burger_.
California Bankers Association v. Shultz, Secretary of the
Treasury-No. 72-985-Argued January 16, 1974; Decided
Opinion of Court, delivered by Mr. Justice Rehnquist..
Concurring opinion, Mr. Justices Powell and Blackmun_.
THURSDAY, FEBRUARY 6, 1975
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
AND THE ADMINISTRATION OF JUSTICE OF THE
Washington, D.O. The subcommittee met at 10:10 a.m., pursuant to call, in room 2141, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding.
Present: Representatives Kastenmeier, Danielson, Drinan, Badillo, Railsback, Wiggins, and Cohen.
Also present: Bruce A. Lehman, counsel; Timothy A. Boggs, professional staff member; and Thomas E. Mooney, associate counsel. Mr. KASTEN MEIER. The subcommittee will come to order. The Subcommittee on Courts, Civil Liberties, and the Administration of Justice is meeting this morning on the matter of wiretapping, electronic eavesdropping, and other surveillance conducted by the Government. In the past there have been occasional intermittent revelations of unethical conduct by Government investigators. However, in recent weeks and months we have been confronted with a plethora of revelations cascading upon us on almost a daily basis concerning secret surveillance and intelligence gathering reaching into the private lives of Americans.
Meanwhile congressional and public concern has been welling up about the stories of eavesdropping and snooping which fill our daily papers. Our job as a subcommittee is to learn what is happening and develop legislative remedies.
Much has been made about surveillance of public officials lately. However, the concern, the threat does not end there. For example, last year the Federal Bureau of Investigation admitted conducting surveillance of the mail of a 16-year-old New Jersey schoolgirl after she wrote a letter to the Socialist Workers Party as part of a class project. If this young woman is not secure from the Government spy, what can we assume about those more actively involved in the intellectual and political life of the Nation?
Of course, surveillance has not stopped with reading other people's mail. As testimony before this subcommittee last spring demonstrated, the forms of eavesdropping on private lives have included wiretapping of telephones, the use of surreptitious entry, and the bugging of homes.
The most insidious form of surveillance of all is the so-called warrantless wiretap or electronic surveillance which is conducted without the subject ever knowing that his privacy is being or has been invaded. And, warrantless wiretapping is normally conducted with regard to the subjects' political activities, raising the gravest questions of firstand fourth-amendment violations. It is warrantless wiretapping and electronic eavesdropping with all the variations made possible by modern technology which could form the cornerstone of a future police
On April 24, 26, and 29 of last year, our subcommittee began its inquiry with regard to surveillance by holding hearings on wiretapping and electronic eavesdropping. During those hearings the subcommittee heard a wide range of testimony, including that of Government witnesses such as Assistant Attorney General Henry Petersen, as well as spokesmen for the FBI and the Department of Defense. A former FBI agent turned private investigator, William Turner, testified about his knowledge of both Government and private snooping. Colleagues from the Congress also testified on over 13 different bills then pending in the subcommittee. We also heard from the chief security officer of the American Telephone and Telegraph Co., and two of the individuals who will appear here this morning, Attorneys Leon Friedman and John Shattuck. Unfortunately, we were unable to continue to examine the subject in greater detail because of the intervention of the full committee's impeachment inquiry, and the subsequent confirmation hearings for the Vice President.
However, neither public nor congressional interest in the question of surveillance has waned since we temporarily laid aside our inquiry. Within the month since the 94th Congress convened, more than 13 bills relating to surveillance with over 70 House sponsors have been introduced and referred to the subcommittee. Without objection, at this point these bills will be inserted in the record.
[The bills referred to follow :]