Merritt, James E., attorney, Morrison and Foerster, counsel to the Page Crocker National Bank of San Francisco__. 503 Prepared statement 494 Mitchell, Hon. Parren J., a Representative in Congress from the State of Maryland‒‒‒‒. 289 Prepared statement_. 289 Mosher, Hon. Charles A., a Representative in Congress from the 62 Prepared statement 64 Rusk, Hon. Dean, former Secretary of State___ 427 Shattuck, John H. F., national staff counsel, American Civil Liberties 105 Prepared statement 106 Stark, Hon. Fortney H., a Representative in Congress from the State of California__. 483 Prepared statement 483 Terry, Robert H., Commissioner, Accounts, Collections, and Taxpayer 632 Whitaker, Meade, Chief Counsel, Internal Revenue Service__ Wolfe, Singleton B., Assistant Commissioner, Compliance, IRS_ Additional material 632 632 "A Bankers Guide to IRS Procedures for Examinations of Customer Caming, H. W. William, attorney, letter dated March 18, 1975, to "United States Treaties and Other International Agreements," vol. 23, 504 227 330 415 648 76 Kastenmeier, Hon. Robert W., chairman, Subcommittee on Courts, "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 Force on Privacy- 629 228 653 277 Task Force Report No. 9, Confidentiality and Third Parties, American 558 Appendixes- Appendix 2: Correspondence between the committee and the Department of 675 Reports of Federal agencies concerning electronic surveillance Memorandum on the Bill of Rights Procedures Act, Harvard Civil 714 Appendix 6: Personal Observations and Recommendations on Privacy, by 724 Appendix 7: Additional views of the Department of Justice- 729 Appendix 8: Judicial Procedures for National Security Electronic Surveillance, 757 Appendix 9: List and brief description of statutes authorizing the issuance of subpenas by administrative agencies of the Federal Government, American Law Division____. Appendix 10: Page 782 A Report of the 1974 Conference on Confidentiality of Health 786 Appendix 11: The IRS Summons and the Duty of Confidentiality: A Hobson's Choice for Bankers-Revised, by Harold E. 849 Appendix 12: Comparative Study on Wiretapping and Electronic Surveillance Laws in Major Foreign Countries, prepared by members of the staff of the Law Library, Library of Congress-. 855 Appendix 13: Information supplied by the Public Citizen Litigation Group----Appendix 14: 950 Statement and information on FBI Security Index____ Appendix 15: 979 Correspondence with the Commissioner of Police, Baltimore, Md.. Appendix 16: 987 988 999 Additional information on telephone company monitoring- Appendix 17: Immunities, Rights, and Privileges Accorded Foreign Governments and Their Representatives in the United States, prepared by the Office of the Chief of Protocol, Department of State---- 1020 Appendix 18: Newspaper Editorials on Surveillance Procedures___ Appendix 19: 1031 Excerpt From U.S. News & World Report, June 19, 1975‒‒‒‒‒‒‒__ 1033 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. 1036 1038 1064 1074 Appendix 21-U.S. Court of Appeals for the District of Columbia Zweibon v. Mitchell__ 1085 Appendix 22-Supreme Court of the United States: United States et al. v. Bisceglia-No. 73-1245-Argued November 11-12, 1974: Decided February 19, 1975. 1216 Opinion of Court, delivered by Mr. Chief Justice Burger__. 1217 1227 1229 Appendix 23-Supreme Court of the United States: California Bankers Association v. Shultz, Secretary of the 1238 Opinion of Court, delivered by Mr. Justice Rehnquist. Couch v. United States, et al.-No. 71-889-Argued November 14, 1972; Decided January 9, 1973. Appendix 25-U.S. Court of Appeals, Fifth Circuit-September 13, 1974; United States v. Miller, cite as 500 F.2d 751 (1974). 1352 Appendix 26: Relevant statutes 1368 SURVEILLANCE 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. (1) 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 state. 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:] |