TELEPHONE MONITORING PRACTICESBY FEDERAL

AGENCIES

HEARINGS
BEFORE A

SUBCOMMITTEE

OF THE

COMMITTEE, ON
GOVERNMENT
HOUSE

OPERATIONS

OF REPRESENTATIVES
NINETY-THIRD
SECOND

CONGRESS
SESSION

JUNE

11

AND

13, 1974

Printed

for the

use

of the

Committee

on

Government

Operations

'S2J0

U.S. 37-871 O

GOVERNMENT WASHINGTON

PRINTING
:

OFFICE 1974

For sale by the

Superintendent of Documents,
Washington,
D.C. 20402
-

U.S.

Government

Printing Office

Price $2.70

COMMITTEE
CHET

ON
HOLIPIELD,

GOVERNMENT
California,
FRANK

OPERATIONS
Chairman

JACK L. H.

BROOKS,

Texas North Carolina

HORTON,
N. W.

New

York Illinois New York Ohio

FOUNTAIN,
E. E. B. S. MOSS,

JOHN JOHN CLARENCE GUY GILBERT

ERLENBORN, WYDLER,
J.

ROBERT JOHN DANTE HENRY TORBERT WILLIAM WM. BENJAMIN JIM FERNAND JOHN FLOYD DON JOHN BILL BELLA HAROLD JAMES LEO CARDISS J. V. C. V. J.

JONES,

California California Florida Wisconsin Massachusetts

BROWN, JAGT,

FASCELL, REUSS,
H. S. MACDONALD. MOORHEAD.

VANDER GUDE, N. H.

Michigan

Maryland
Jr., Jr.,
Arizona California

PAUL JOHN

McCLOSKEY, BUCHANAN.

Pennsylvania
Missouri

Alabama

RANDALL,
S.

"SAM
New York GARRY CHARLES Rhode Island RICHARD STANFORD RALPH ANDREW

STEIGER, BROWN,
THONE, W. E.

ROSENTHAL, Texas

Michigan
Nebraska MALLARY. Vermont

WRIGHT.
J. ST

GERMAIN,
Iowa

CULVER, HICKS,
Florida

PARRIS,
Ohio

Virginia

Washington

S.

REGULA,
J.

FUQUA. CONYERS,
ALEXANDER. S.

HINSHAW,
Texas

California

Jr.,

Michigan
Arkansas

ALAN JOEL ROBERT

STEELMAN, PRITCHARD.
P.

Washington
HANRAHAN,
Illinois

ABZUG,
D.

New

York Massachusetts Ohio

DONOHUE,
STANTON,
California

RYAN,

COLLINS,

Illinois
,

Herbert Elmer Miles W.

Roback, Henderson, Romney,

G.

Staff
General

Director Counsel

Q.

Counsel-Administrator Associate Counsel Counsel

Dour,L.\.s J. Warren B. P.

D.\HLiN,

CARLSON,

Minority Minority

Buhler.

Professional

Staff

Foreign

Operations
WILLIAM

and

Government

Information

Subcommittee

S.

MOORHEAD,

Pennsylvania,
JOHN N. N.

Chairman

JOHN TORBERT JIM BILL BELLA JAMES

E.

MOSS,
H.

California

ERLENBORN,
McCLOSKEY.

Illinois

MACDONALD,
Texas Arkansas New York Ohio

Massachusetts

PAUL GILBERT CHARLES RALPH

Jr., Maryland
Nebraska

California

WRIGHT, ALEXANDER,
S. V.

GUDE,

THONE,
S.

ABZUG,

REGULA,

Ohio

STANTON,

EX

OFFICIO

CHET

HOLIFIELD,

California

FRANK

HORTON, Staff
Director Director

New

York

William Norman Harold F. G.

G.

Phillips,

Cornish,

Deputy
Professional

Staff

Whittington,
L. James Martha Nancy E.

Staff

Member

Kronfeld,
M. Doty.

Counsel Clerk

Wenzel,

(^

Secretary

(II)

CONTENTS

Hearings
June June Statement

held 11 13 of
"

on

"

^"^'^'

211 AdmmisDirector, Veterans D. munications TelecomWhitfield, Director, by Willard P. ance; AssistService; John Director, Veterans' Travers, Kenneth and Howard of Denny, Meyer representatives Data
_.

Budd,

Philip J., Chief accompanied tration;

and

Management

^^

".

"

General

Counsel
Warren

273

Automated Data and Commissioner, Deputy Services Telecommunications General Administration; Service, General Assistant Allie and bv Latimer, accompanied Counsel; Leonard Assistant Commissioner Plotkin, Deputy H. American W. " Telegraph Gaming, attorney, William, Telephone N.Y York, Co., New Office Assistant David of the Cooke, Secretary, O., Deputy troller, CompSheerin of Defense; of accompanied by Daniel Department

Burton,

E.,

212

150

the

U.S.

Air

Force

243

Eger, John, Deputy accompanied by

Communications

Director,
Charles C.

Office

of

Telecommunications Director of

Policy;
ment Govern189

Joyce,
of

Jr., Assistant

Gentile, G. Macdonald,

of State Security, Department for Enforcement, David Secretary R., Assistant tions OperaTariff of the and accompanied Treasury; Affairs, Department A. Jr., Assistant Magee, McBrien, Staff; William by J. Robert and Customs for A. Commissioner, Douglas Security Audit; Senior McCombs, Branch, Special Agent, Special Investigations J. Hulihan, U.S. Customs William Office of Investigations, Service; Internal Office Assistant of the missioner ComSecuritv Director, Division, Internal Revenue Jack Service; (Compliance), Petrie, Internal Service Division, Chief, Branch, Operations Taxpayer R. Revenue and Robert Service; Snow, Special Agent-in-Charge, and Security Division, Office of Investigations, Special Investigations

Marvin,

Director

198

U.S.

Secret
Glenn

Service

262

Watts,

E.,

secretary-treasurer.

Communications

Workers

of

America Morgan by John ; accompanied for the record Letters, statements, by etc., submitted Budd, Management Director, Veterans Philip J., Chief Data GAO and of previous to report Comparison
"

tration: AdminisJune 1974

partial
table, '

agency Warren

survey

of transmitter

cutoff

and

push-to-talk switches,
27G and

Burton,

E.,

Telecommunications

Automated Data Commissioner, Deputy Administration: Services Service, General

Correspondence
GSA from other

regarding

requests

for

deviation

received

by

agencies Material relative to the hearings the concerning procurement Questions terminals data Agriculture
Submissions
to

oflo?!
213-21b

of

4,000

Department

of

220

additional

subcommittee
American

questions

240-242

Gaming,

H. New

Co.,

W. William, N.Y.: York, before

to
a

attorney,
House

Telephone

"

Telegraph
i^o

Statement Submissions

Judiciary
subcommittee
(ni)

subcommittee

!^~ioi
177-184

i.^

additional

questions

IV

Letters,
Cooke,

statements,
David

etc.,

submitted

for Assistant

the

record

bj'

Continued
"

O.,

Deputy
of

Secretar}-,
statement

Office

of

the

Comp-

page

troller.

Department Deputj' 17,

Defense,
OfRce
to

243-259
Telecommunications Moorhead

Eger,

John,
June
to

Director,
letter

of

Policy: regarding
House decision 195 195-198 of State:

1974,
record
to

Chairman
at

tape

conversations additional Director

letter

the

White

Submissions

subcommittee of with

questions
Department
to

Gentile,
June

Marvin

G.,
1974,
Linwood

Security,
enclosure,
Assistant of

11,
from

Chairman for

Moorhead, Congressional experience

198-199

Holton, Department
on

Secretary
re

Relations,
and Submissions
views

State,

Department's

telephone
additional

monitoring
subcommittee General

to

questions
Automated Services Data and

208-209

Latimer,

Allie,

Assistant

Counsel,
General

Telecommunications

Division,

Administration:
228-238

Submissions

clarifying
David

hearing
Assistant

testimony

Macdonald,
and

R.,

Secretary
of the

for

Enforcement, Treasury:
table from

tions Opera-

Tariff and

Affairs,
court

Department
ordered
to

Consensual

monitoring,
Moorhead

278

July

3,

1974,

letter

Chairman
tax

Commissioner
286 262-270

Alexander Material

regarding
relative Hon. William
to

packages

the

hearings

Moorhead,
State
Government of

S.,
and

Representative

in

Congress Operations

from

the and

Pennsyh'ania,
Information

chairman.

Foreign

Subcommittee: and devices used

Monitoring agencies,

practices
table of various Government

by

Federal

Government

202-205 types
of transmitter from area, subcommittee table cutoff switches obtained

Quantity
by
the Federal

agencies

telephone

companies

in 201

Metropolitan
to

Washington
additional

Submissions
Federal

questions

by

various 287-293

agencies E., secretary-treasurer.

Communications
Workers

Watts,
America:

Glenn

of

Statement
Submissions

with
to

appendixes
additional subcommittee

4-141

questions

184-189

TELEPHONE

3I0NIT0RING
FEDERAL

PRACTICES

BY

AGENCIES

TUESDAY,

JUNE

11,

1974

House Go\^RNMENT
OF THE

of

IiEPRESENTATI^"ES,
Operations Go\t3Rnment
and

Foreign

Information
on

Subcommittee

Committee

Operations, Washington, D.C

10 a.m.,

The

subcommittee
House of the

met, pursuant

to

notice,at
William S.

in

room

2203,

Rayburn
Present
John Also

Office Buildino;, Hon.

S. ISIoorhead

man (chair-

subcommittee) presiding. Representatives William

and

INIoorhead, Bill

Alexander,

N. Erlenborn.

Gilbert G.

Gude.

G. Cornish, Phillips,staff director ; Norman and Stephen deputy Kronfield, counsel; M. Government on Daniels, minority professional staff.Committee Operations. The Mr. Moorhead. ernment Subcommittee on Foreign Operations and Gov-

present

William

staff director; L. James

Information

will be in order. the

Today's
and
on

and

Thursday's public hearings by

Information Subcommittee
are

Foreign Operations
House

Government Government

of the

Committee

a longstanding and continuing problem of invasion of privac}'. At these particular sessions, we are focusing on the use of telephone pecially esmonitoring and surveillance devices by the Federal Government, as they affect the people of the United States. This subcommittee has long been concerned with individual privacy. In the early 1960's, it pioneered inquirieslooking into the use of socalled lie-detector machines, which did not distinguishbetween it found and truth falsity at all. At that time, it also raised serious questions over telephone monitoring by Government agencies. Since then, it has conducted in-depth investigationsinto the use of advanced information puters technology by Federal agencies through comand other sion systems, and their implications on the possible invaof privacy of xlmerican of fact, the subcommittee citizens. As a matter is currentl}^writing landmark to legislation guarantee the of every American Avhat files and records ment Governto know i-ight our those keeps on him and his family, and the right to examine documents. he should has know what Government done, Similarly, our in terms of making that information those available to others, and who

Operations

part of

by Congress investigation

into the

others

are.

Subcommittee
national data

members
center

also

are

fightingthe
put
into the

establishment hands of

of

any

which
on

could

Government

officials complete dossiers

individual
(1)

law-abiding Americans.

The of
a

Senate domestic

"Watergateliearino-s.
strenothened Government
be Brother" the

wliicli disclosed
and

the

brief

existence
do

security intelli,o-ence system

determination

"politicalenemies"
Congress
inAasion
and
to two

lists, have
thino-s
:

of
has

First, every
must imi)lications test

practice
systems
into way every

which

of

privacy
to

examined tlioroufi-hly
must creatures

by Congress
be lialted
now

put
before
take

the

of

fire.

"Big

they
action

grow

from

monkeylike
Congress
"

gorillas.
that
new

Second,

in and

it laws

can

"

must

through
letter of and

investigation

passing

to

implement
criminals,
to

the

full

spirit of privacy.
does
not
mean

the

Constitution that
even

in

the

protection of

the

right

This
other the

we

want

to

coddle
be

wrongdoers.
Constitution subcommittee
and

But and

they should
outside of
a

brought
of other

spies, and justice within

in the

not

it.

The House

shares
a

with
concern

number with the

committees

Senate

deep
and

and

wiretapping intelligence-gathering agencies. eration aimed not These primarily at the considhearings, however, are of third-party interceptionof telephone conversations, or socalled wiretapping.
This subcommittee
of among the

electronic

surveillance

of warrantless reported excesses law-enforcement by

will

consider of the

monitoring
believe that

Government firmlv

agencies and
when
a

mainly the magnitude and propriety day-to-day exchange of information between those agencies and the public.
citizen
contacts
a

We

Federal

agency

by

telephone, tliatcitizen
or

should

know The
"

whether if spirit, the Bill

his call is
not

being

monitored
one

recorded,
Do Mr. I

and

if so,
ever

why.

the

letter,of
"

of the
less.

greatest documents
you any Alexander. continue
to

written

of

Rights
?

requires no

have

comments, Thank you, concerned

on

]Mr. Alexander Mr.

Chairman.

be

with

Government
of
to

with

spying
There

our

citizens. This
a our

Government.

is almost
servant master.

forget
of
an

that

it is the

of

increasing preoccupation of is an alarming tendency propensity to forget its purpose, for it to assume the and peo]:)le
the
to

role Mr.

authoritarian
Thank would

Chairman,
subcommittee Watts.
would

I. too, look you,

now

forward

these

hearings.
]Mr. Glenn of America. E. Watts,

]Mr. MooRHEAD. The

INIr. Alexander. like to hear from

secretary-treasurer.
Mr. If you

Communications

Workers

like to have will

our

good

friend,
him. I
can

Mr.

INIorgan,join you
^-'''

at

the
Do

table, we
you
swear

Would
you
so

be pleased to have gentlemen please rise so

to

administer truth and

the

oath?

tell the ?

ti'uth, the

whole

nothing but the

truth, Mr.
Mr.

help

you

God

Watts.' I do.
MoRGAX. I do.

STATEMENT

OF

GLENN WORKERS

E.

WATTS,
OF

SECRETAEY-TREASURER, AMERICA;
ACCOMPANIED
BY

MUNICATIONS COMJOHN

MORGAN

Mr. I
am

Watts. Glenn Workers

Thank E. of

you

very the
a

much,

sir. of
the

Watts, America,
men

secretary-treasurer
Labor union
most

tions Communicamore

representing
of them

than in the

575,000

American

and

women,

employed

telephone
At has Mr. without will be your been

industry. suggestion, provided

MooRHEAD. I
to
a

very and

lengthy
I the
statement,

statement

that it It is
an

we

have

prepared

you.

will

summarize

this

morning.
one;

have the of the

read full

statement.

excellent

and

objection,
made
a

together

with

the

appendixes,

part

record.
statement

[Mr.

Watt's

prepared

follows

:]

PREPARED

STATEMENT

OF COMMUNICATIONS

GLENN

E.

WATTS,
WORKERS

TARY-TREASURER, SECREOF

AMERICA

Mr.

Chairman,

if

we

all

are

not

to

succumb

to

the

evils

of

totalitarian

superstate

or

"snooperstate"

the

privacy

of

the

ordinary

citizen

must

be

made

to

follow

the

intent

of

the

writers

of

the

Bill

of

Rights.

For

the

record,

am

Glenn

E.

Watts,

Secretary-Treasurer

of

the

Communications

Workers

of

America,

labor

union

representing

more

than

57

5,000

American

men

and

women,

most

of

them

employed

in

the

telephone

industry.

On

behalf

of

President

Joseph

A.

Beirne

and

the

CWA

Executive

Board,

we

wish

to

thank

you

for

asking

the

Union's

views

on

the

important

subject

of

telephone

monitoring.

T'.iis

Subcommittee,

of

the

Committee

on

Government

Operations,

is

studying

the

abuses,

actual

and

potential,

of

telephone

monitoring

and

eavesdropping,

by

which

large

portion

of

citizen's

personal

life

may

be

jeopardized.

We

hope

that

the

Congress

soon

will

write

very

stringent

legislation

to

stamp

out

the

abuses

which

we

all

know

exist,

and

of

which

some

of

us

have

learned

in

addition.

Your

Com-

mittee's

charter,

Mr.

Chairman,

includes

"...

studying

the

operation

of

Government

activities

at

all

levels

with

view

to

determining

its

economy

and

efficiency."

'VUv

Federal

Cioverninont

for

many

year.s

has

been

the

largest

single

user

oi

t.elephone

and

related

teleconununi

cations

services,

spending

several

billion

dollars

each

year.

Some

of

that

money

and

the

related

work

effort,

we

are

learning

each

day,

goes

into

the

practices

of

wiretapping

and

eavesdropping.

These

practices

are

costly.

We

cannot

see

how

th

se

practices

can

lead

to

any

kind

of

efficiency

in

Government.

However,

it

is

not

necessary

to

spend

large

sums

of

money

for

the

equipment

necessary

to

eavesdrop.

Some

of

the

most

common

items

are

tariffed

by

the

telephone

companies.

For

example,

the

transmitter

cutoff

switch,

by

which

person

may

listen

in

on

an

extension

telephone

without

detection,

is

available

at

around

25"?

month.

The

"push-to-

talk"

telephone

handset,

available

at

nominal

monthly

rental,

allows

listening

without

detection.

When

person

wants

to

talk,

he

or

she

depresses

button

in

the

handle

of

the

set.

These

two

items,

Mr.

Chairman,

were

designed

to

aid

in

providing

telephone

service

in

normally

noisy

areas,

such

as

automobile

body

shops;

the

original

purposes

were

innocent,

morally

neutral.

Even

these

simple

devices

have

been

subject

to

abuse.

And

while

on

the

subject

of

low-budget

invasions

of

privacy,

will

display

the

"telephone

pickup,"

available

at

the

Radio

Shack

stores

for

$1.19

plus

sales

tax.

member

of

the

CWA

staff

recently

purchased

this

device,

which

uses

suction

cup

to

attach

to

telephone

handset

for

surreptitious

recording.

We

note

that

the

Federal

Communications

Commission

tariff

governing

the

use

of

recording

devices

calls

for

"beep"

tone.

This

$1.19

device

does

not

have

any

warning

as

to

the

restrictions

set

by

the

FCC

pursuant

to

Federal

law.

The

Communications

Workers

of

America

has

for

years

been

concerned

about

wiretapping

and

eavesdropping

practices,

because

of

the

abuses.

CWA

orginally

became

interested

and

involved

in

the

classical

labor-

management

relations

arena,

because

the

union's

members

were

being

subjected

to

discipline

on

the

basis

of

"service

observing"

or

"monitoring"

by

telephone

company

management

personnel.

It

is

not

the

union's

intention

to

turn

this

hearing

into

labor

-management

grievance

session,

Mr.

Chairman.

However,

in

the

course

of

following

the

employee

monitoring,

CWA

has

become

concerned

over

the

privacy

problems

of

the

individual

citizen

who

has

no

connection

with

telephone

company

other

than

that

of

subscriber-user.

Currently

highly

disturbing

motion

picture,

"The

Conversation,"

is

being

shown

at

theaters

in

this

area.

The

film,

produced

by

Francis

Ford

Coppola,

depicts

some

of

the

many

actual

techniques

of

destroying

one's

privacy.

We

understand

that

Harold

K.

Lipset

of

San

Francisco

gave

the

technical

advice

to

producer

Coppola.

We

recommend

review

of

his

testimony,

given

February

13,

1965,

before

the

Senate

Judiciary

Committee's

Subcommittee

on

Administrative

Practice

and

Procedure.

Mr.

Lipset

came

to

Washington

to

demonstrate

many

of

the

devices

and

techniques

that

he

and

other

private

detectives

use

to

gather

information

for

their

clients.

Mr.

Chairman,

you

did

the

Nation

great

service

in

late

October

1972,

when

you

"blew

the

cover"

on

the

White

House's

"Big

Brother"

study.

Thjs

was

the

study

a.9sembled

for

the

President's

Domestic

Council,

headed

at-

that

time

by

the

well

-known

John

D.

Ehrlichman.

Unfortunately,

at

that

time

the

1972

Presidential

election

was

at

its

climax,

with

the

result

that

the

public

may

not

have

had

sufficient

information

about

the

meaning

of

that

Domestic

Coancil

study.

From

what

we

have

seen

of

the

study,

every

bit

of

the

technology

necessary

to

provide

for

the

massive

invasion

of

privacy

existed

at

that

time.

The

key

consideration

in

putting

the

plan

into

effect

appears

to

have

been

whether

to

get

the

money

to

start

operations.

The

text

of

the

report

gave

some

lip

service

at

best

to

the

ethical

and

moral

consequences

of

that

program.

Your

Subcommittee's

hearings

in

1973

on

information

technology

adequately

exposed

the

ramifications

of

that

"Big

Brother"

plan.

The

machinery

of

our

Federal

Government

either

in

the

Legislative

or

Executive

Branches

is

not

adequate

to

cope

with

the

problems

of

privacy.

The

CWA

staff

has

found

scanty

unified

jurisdictions

in

either

branch.

For

example,

these

House

Committees

would

or

could

have

jurisdiction

over

privacy

matters:

Government

Operations,

for

agency

monitoring/eavesdropping/

snooping.

Commerce,

for

its

normal

oversight

of

telecommunications.

Judiciary,

for

Constitutional

reasons.

Post

Office

and

Civil

Service,

for

"mail

cover."

Ways
kind

and of

Means,
"universal

for

abuse standard

of

the

Social

Security

number

as

identifier."

Armed

Services,

for

surveillance

on

civilians.

Internal

Security,

for

building

dossiers.

Banking

and

Currency,

for

snooping

into

bank

accounts.

Science

and

Astronautics,

for

scientific

development.

Appropriations,
and

for

whatever entities.

oversight

it

exerts

over

CIA

other

intelligence

Mr.

Chairman,

the

Senate

Committees

which

correspond

to

those

of

the

House

named

above

would

have

the

same

jurisdictions.

In

the

Executive

Branch,

many

Departments

and

Agencies

exercise

power

over

areas

in

which

privacy

questions

must

emerge.

We

/ould

include

the

Departments

of

Justice,

Defense,

Health,

Education

and

Welfare,

Commerce

and

Treasury.

We

also

would

include

the

Federal

Communications

Commission,

the

Office

of

Telecommunications

Policy,

the

Central

Intelligence

Agency,

the

National

Security

Agency,

and

the

now-defunct

Office

of

Science

and

Technology.

The

CWA

Convention

of

1973,

held

at

Miami

Beach,

Florida,

addressed

the

jurisdictional

chaos

in

matters

of

privacy

in

its

Resolution

35A-73-8,

entitled

"The

Abuse

of

Technology:

Freedom's

Enemy,

Corruption's

Ally."

include

copy

of

that

resolution

and

CWA

staff

paper

on

that

topic

as

Appendix

A.

The

1973

Convention

resolution

noted

some

of

the

abuses

of

our

communications

and

related

technology,

called

for

comprehensive

review

of

those

matters,

and

asked

the

Congress

to

establish

ing stand-

committees

on

individual

privacy

in

both

Houses,

If

standing

committees

are

not

established,

we

believe

the

Committee

on

ment Govern-

Operations

of

both

House

and

Senate

would

be

the

logical

focus

for

privacy

oversight

of

the

entire

Executive

Branch.

These

hearings

are

to

discuss

the

subject

of

"telephone

ing, monitor-

"

term

that

has

specific

meaning.

The

ordinary

telephone

can

be

"tapped"

or

'tnonitored,

"

in

various

ways.

An

ordinary

telephone

also

can

become

"bug,

"

as

that

term

is

now

understood.

The

Coppola

film

mentioned

earlier,

"The

Conversation,"

included

tion demonstra-

of

one

way

an

ordinary

telephone,

while

not

in

use

and

lying

in

its

cradle,

becomes

"bug."

Mr.

Lipset

should

be

able

to

demonstrate

that

technique.

device

of

that

sort

to

allow

hung

up

telephone

to

become

"bug"

was

described

by

Ronald

Kessler,

staff

writer

for

the

Washington

Post,

in

story

in

September

1971.

We

will

return

to

the

subject

further

along.

While

discussing

monitoring,

we

should

look

at

the

role

of

the

nation's

telephone

industry.

The

Bell

Telephone

Laboratories,

jointly

owned

by

AT"T

and

Western

Electric

Co.,

have

given

us

much

of

the

pioneering

work

in

communications

technology,

including

lasers,

communications

satellites,

microwave,

and

waveguide.

Other

major

developers

of

the

technology

are

Kellogg

and

ITT

'

Federal

Laboratories.

From

the

trade

journal.

Telephony,

and

other

sources,

we

note

many

smaller

firms

develop,

produce,

and

market

equipment

that

tends

to

be

capable

of

surreptitious

use

or

misuse.

In

most

instances,

the

telephone

companies

must

tariff

their

service

offerings,

including

equipment.

Non-operating

panies com-

do

not

face

this

requirement.

At

the

time

of

the

preparation

of

the

"Big

Brother"

study,

the

President's

science

adviser

was

Dr.

Edward

E.

David,

who

came

to

the

White

House

from

Bell

Telephone

Laboratories.

Dr.

David

signed

the

White

House

response

of

December

29,

1972,

to

Chairman

Moorhead's

inquiries

on

the

"Big

Brother"

study.

Dr.

David's

letter

concluded

thus:

"Furthermore,

know

of

no

tests

now

under

way

or

even

contemplated

which

would

in

any

way

infringe

on

either

the

rights

or

privacy

of

the

citizens

of

this

country.

Any

such

possibility

is

abhorrent

to

this

Administration."

While

we

hope

this

is

the

case,

every

possible

suggestion

in

the

"nig

Brother"

study

is

so

vulnerable

to

abuse

as

to

frighten

one

even

to

contemplate.

10

The

telephone

industry

is

key

to

any

.inquiry

into

the

use

of

the

telephone
f.

for

monitoring.

Appendix

is

CWA

staff

paper,

with

attach-

ments,

giving

few

reasons

why

the

Bell

System

should

be

questioned.

The

CWA

staff

paper

briefly

reviews

the

following

matters:

a.

Early

in

1970,

the

telephone

of

an

employee

of

the

Federal

Communications

Commission

who

was

suspected

of

leaking

FCC

agenda

matters

was

tapped

tor

about

weeks.

The

local

AT"T

company,

Chesapeake

"

Potomac

Telephone

Company,

assigned

management

personnel

to

do

the

necessary

wiring

after

hours,

without

written

work

orders.

The

Department

of

Justice,

after

some

Congressional

hearings,

stated

that

the

1970

wiretap

incident

was

illegal.

more

complete

description

of

this

matter

is

given

in

Appendix

C,

which

is

CWA

staff

paper

headed

"Monitoring

of

FCC

Employees."

As

result

of

the

wholly

illegal

manner

of

tapping

that

employee's

telephone

lines,

CWA

President

Beirne

directed

each

of

the

Union's

District

Vice

Presidents

to

make

contact

with

responsible

Bell

System

company

"-

officials

to

determine

individual

company

policy

in

parallel

circumstances.

Included

is

copy

of

the

CWA

President's

leJLter

to

Chairman

Harley

Staggers

of

the

Committee

on

Interstate

and

Foreign

Commerce,

who

conducted

some

rigorous

hearings

1972

on

the

1970

incident.

b.

In

his

testimony

of

June

25,

1973,

before

the

Senate

Watergate

Committee,

John

W.

Dean

III,

the

ex-White

House

Counsel,

said

that

28-year

ex-Bell

System

employee

who

went

to

the

White

11

House

staff

utilized

his

associations

at

C"P

Telephone

Company

to

learn

the

"pair

numbers"

of

the

telephone

lines

syndicated

columnist

Joseph

Kraft,

in

order

to

install

taps. wire-

Dean

identified

the

ex-Bell

System

employee

as

John

S.

Davies,

who

had

been

associated

with

three

Nixon

campaigns

as

communications

expert-coordinator.

In

the

wake

of

Dean's

testimony,

C"P

said

company

policy

bars

release

of

"pair

bers" num-

except

on

court

order

or

written

request

from

the

Attorney

General

or

FBI

Director,

who

must

cite

"national

security"

grounds.

In

addition

to

the

Washington

Post

story

of

June

26,

1973,

we

refer

to

pp.

919-922,

Part

3,

of

the

printed

record

of

the

Watergate

hearings.

Dean's

testimony

was

at

the

point

exploring

the

White

House

concern

about

information

leaks.

The

Post

story

is

in

Appendix

B.

The

AT"T

Management

Report

of

August

9,

1973,

in

Appendix

C,

outlines

the

policies

and

procedures

on

the

method

for

Bell

System

employees

to

treat

wiretaps

they

discover

while

at

work.

The

CWA

position

is

that

Union-represented

craftsman

could

be

placed

in

violation

of

criminal

law.

Under

the

heading sub-

"Discovery

of

Wiretaps,"

the

AT"T

bulletin

gives'the

instructions

as

to

checking

for

wiretaps.

CWA

sees

"Catch-22"

type

situation

facing

the

employee

who

discovers

the

existence

of

tap

on

line.

If

an

illegal

wiretap

is

found,

removal

is

not

accomplished

forthwith.

Therefore,

the

damage

being

done

by

the

illegal

wiretap

continues

for

an

indeterminate

period,

while

various

people

are

"going

through

channels."

12

d.

Bell

System

employs

"remote

observing"

systems,

by

which

person

with

push-button

telephone

who

knows

the

proper

access

codes

may

listen

in

on

conversations

without

detection.

CWA

knows

of

at

least

two

"remote

observing"

or

"REMOBS"

systems,

marketed

through

normal

telephone

industry

supply

channels.

We

will

discuss

these

further

along.

Mr.

Chairman,

four

weeks

ago,

the

United

States

Supreme

Court

handed

down

an

opinion

which

voided

the

convictions

of

number

of

accused

narcotics

sellers.

The

Court

unanimously

ruled

that

the

convictions

must

be

voided

because

the

Department

of

Justice

had

mitted com-

serious

error

the

wiretaps

leading

to

the

prosecution

and

conviction

of

the

ones

accused.

(Appendix

D)

We

are

alarmed

for

several

reasons.

First,

the

Department

of

Justice

should

have

known

better,

because

it

is

specifically

charged

with

enforcement

of

the

wiretap

provisions

of

the

Omnibus

Safe

Streets

and

Crime

Control

Act

of

1968.

Second,

the

errors

have

lead

to

the

release

of

charges

against

paersons

who

very

probably

were

and

are

engaged

in

the

drug

traffic.

Now

they

will

be

back

on

the

streets,

ready

to

resume

business.

Third,

the

resort

to

illegal

wiretaps

has

..been

how some-

relied

on

by

the

Department

of

Justice

as

kind

of

procedural

cut short-

to

evidence-gathering.

Only

10

days

ago^

the

New

York

Times

reported

that

the

New

York

City

police

department

had

acknowledged

using

illegal

wiretaps

in

33

narcotics

cases

between

1969

and

1971.

The

Times

story

wasibased

on

intra-departmental

testimony

in

disciplinary

cases

of

high-ranking

14

On

January

30,

1974,

Robert

D.

Lilley,

President

of

American

Telephone

and

Telegraph

Company

gave

speech

at

the

National

Press

Club

dealing

with

the

problems

and

challenges

of

the

Bell

System,

which

had

produced

successful

telecommunications

network.

At

the

end

of

his

speech,

Mr.

Lilley

addressed

topic

of

overriding

interest

to

the

Nation's

press:

the

company

policy

of

providing

toll

telephone

records

of

newspaper

offices

and

reporters

to

Federal

investigators,

who

were

trying

to

find

the

sources

of

news

"leaks."

Appendix

consists

of

photocopies

of

the

final

pages

of

Mr.

Lilley

's

prepared

Press

Club

speech

text.

However,

several

points

must

be

made

in

comments

to

the

remarks

1.

Although

company

policy

is

expressed

as

protective

of

privacy

of

users.

Bell

and

other

companies

let

customers

use

monitoring

equipment.

The

customers

can

include

government,

hotels,

department

stores,

airlines^

and

other

service

businesses.

2.

The

speaker

cited

toll

records

as

the

only

ones

in

which

specific

information

as

to

calling

and

called

numbers

is

available

and

retrievable.

However,

that

passage

in

Mr.

Lilley

's

speech

ingnores

the

existence

of

the

"pen

register"

and

other

devices,

by

which

the

outgoing

calls

"
--

of

Jack

AndeTson
,

the

New

York

Times,

of

anyone

can

be

recorded.

We

refer

to

the

Alston

Subscriber

Dial

Service

Measuring

System,

Models

370/389,

which

includes

visual

display

and

tape

recording,

and

the

Tel-Tone

N-240

system.

Mr.

Chairman,

the

number

being

called

appears

on

the

visual

display,-

from

which

it

can

be

read.

The

tape

recorder

wj

] J

record

the

dial

pulses

or

tones

being

actuated

by

the

user.

Retrieval

of

the

data

necessary

to

determine

whom

the

user

is

calling

eitlnir

on'

locaJ

or

toll

call

basis

is

thus

routine.

Further

on,

we

wi

go

jnto

more

detail.

15

3.

The

use

of

the

adjectives,

in

the

Lilley

speech,

"appropriate"

and

"lawful"

needs

to

be

questioned

in

the

light

of

the

current

scandals

in

government.

Congressional

proceedings

in

the

last

year

have

certainly

established

that

the

FBI,

Central

Intelligence

Agency,

the

National

Security

Agency,

the

Secret

Service,

Internal

Revenue

Service,

and

others

have

been

or

could

be

used

for

political

espionage

purposes

wholly

unrelated

to

national

security.

Mr.

Lilley

was

saying

that

the

Bell

System

companies

were

placed

in

the

middle

of

bad

situation.

The

management

personnel

would

be

normally

responding

to

what

they

had

perceived

as

legitimate

requests

for

help

from

official

Government

sources.

Nevertheless,

there

is

enough

evidence

in

the

record

now

to

show

that

Government

agencies

have

engaged

in

various

"Big

Brother"

activities.

Law

and

regulations

should

be

written,

to

protect

all

telephone

people

from

being

placed

in

the

category

of

having

been

misused,

by

apparent

proper

authority.

4.

Mr.

Lilley

says

the

privacy

problems

will

have

to

be

decided

eventually

by

Congress.

We

fully

agree,

and

expect

the

Bell

System

will

join

with

CWA

in

urging

passage

of

the

tightest

possible

legislation

to

cover

the

privacy

problem

areas.

We

believe

the

potential

for

abuse

is

recognized

by

the

Bell

System.

Mr.

Chairman,

earlier

we

cited

the

use

of

the

telephone

lying
the

in

its

cradle

as

an

open

microphone

for

eavesdropping.

We

also

direct

committee's Sub-

attention

to

the

November

1970

discovery

by

Maryland

Governor

Marvin

Mandel

that

the

civil

defense

"hot

line"

telephone

installed

within

his

personal

office

had

been

incorrectly

wired,

so

that

all

conversations

taking

place

within

his

office

could

be

overheard

at

remote

location.

Please

see

Appendix

G.

16

The

American

Telephone

"

Telegraph

Company

disclosed

that

at

least

Governors'

"hot

line"

telephone

were

so

wired.

This

special

telephone

system

was

installed

to

give

instant

communication

to

the

Governors

of

the

50

States

for

national

disaster

and

emergency

use.

The

company

announcement

was

that

the

"hot

line"

telephones

were

connected

to

North

American

Air

Defense

Command

transmission

points

at

Cheyenne

Mountain,

Colorado,

at

Denton,

Texas,

and

at

classified

location

near

Washington,

D.C.

The

explanations

given

to

the

Governors

of

Maryland,

Delaware,

Pennsylvania,

Arkansas,

Utah,

and

Illinois

were

to

the

effect

that

the

wiring

irregulartities

were

unintentional.

In

our

view,

Mr.

Chairman,

system

was

set

in

place

to

accomplish

socially

useful

goal,

that

is,

alerting

Governors

of

imminet

disaster,

in

order

that

militias

could

be

called

into

service.

But

we

see

system

capable

of

good

use

also

rendered

capable

of

wanton

abuse.

On

September

24,

1971,

the

Washington

Post

printed

story

headed

"New

Bug

All

Ears
--

Snoops

Through

Hung-Up

Phone,"

under

the

by-line

of

Ronald

Kessler.

We

also

include

this

story

in

Appendix

G.

Reporter

Kessler

described

what

he

had

seen

and

heard

at

symposium

in

Washington

sponsored

by

the

Association

of

Federal

Investigators.

The

device,

termed

"breakthrough"

in

electronic

eavesdropping,

was

able

to

"...

be

placed

anywhere

on

line

leading

to

the

phone

to

be

tapped

--

on

telephone

poles,

in

underground

cable

vaults,

or

in

telephone

company

switching

offices

miles

away.

It

picks

up

both

telephone

calls

and

conversations

in

the

room

where

the

phone

is

installed,

even

when

the

receiver

is

on

the

hook,"

Mr.

Kessler

reported.

In

this

instance,

the

device

would

act

as

wiretap

and

"bug."

17

Possibly

this

could

have

been

justified

at

that

1971

symposium

on

ground

that

it

furthered

economy

and

efficiency

in

Government.

The

remote

observing

or

"REMOBS"

systems

cited

have

the

potential

for

frightening

degree

of

abuse.

Inasmuch

as

they

are

available,

it

is

necessary

for

any

citizen

to

ask

whether

any

government

agency

has

such

equipment

either

on

the

basis

of

purchase,

rental,

lease,

tariffed

interconnection,

informal

borrowing,

or

other

arrangement.

We

hope

the

Subcommittee

can

secure

dispositive

information.

In

Appendix

we

include

some

technical

data

on

the

"REMOBS"

system

marketed

by

Tel-Tone

Corporation,

of

Kirkland,

Washington,

as

well

as

some

information

from

sales

manual

of

the

Alston

Division

of

the

Conrac

Corporation,

Duarte,

California.

We

understand

the

Subcommittee

has

in

its

files

set

of

the

technical

specifications

of

the

Alston

system.

The

Tel

-Tone

and

Alston

systems

have

comparable

uses.

Mr.

Chairman,

the

following

paragraphs

are

taken

directly

from

the

technical

information

on

the

Tel-Tone

Corporation's

M-220

remote

observing

system:

"General

Description.

The

M-220

Service

Observing

System

provides

means

of

observing

service

on

lines

or

trunks

from

remote

location.

All

that

is

required

is

telephone

equipped

with

TOUCH

TONE

(AT"T

Registered

Trademark)

dial.

The

system

consists

of

an

automatic

answering

unit

and

various

switches

to

select

the

trunk

to

be

observed.

The

service

observing

unit

'is

accessed

by

dialing

regular

telephone

number.

It

is

connected

to

the

telephone

lines

to

be

observed.

The

service

observing

unit

is

accessed

by

dialing

regular

telephone

number.

It

is

connected

to

the

telephone

lines

to

be

observed

in

such

manner

that

you

will

monitor

the

conversation

without

being

heard

yourself.

18

"Accessing

the

System.

Dial

the

telephone

number

assigned

to

the

system

you

wish

to

access...

"Releasing

from

the

Observed

Line.

When

you

no

longer

wish

to

observe

particular

line

you

must

dial

the

second

digit

of

the

Security

Code

(Reset

Digit)

to

release

the

connection.

You

will

then

be

able

to

observe

the

next

incoming

call."

The

sales

brochure

for

the

Alston

370/389

Subscriber

Dial

Service

Measuring

System,

whose

chief

purpose

appears

to

be

the

qualitative

and

quantitative

grading

of

customer

dial

service.

The

No.

370

component

is

"call

selector,"

which

is

"...

an

automatic

unit

designed

to

simultaneously

monitor

number

of

trunks

and

to

select

the

next

trunk

offering

hew

outgoing

call.

Under

the

heading

"Dialed

Number

Detection,

"

the

Alston

brochure

states:

"After

trunk

has

been

selected

for

observation,

the

number

being

dialed

by

the

subscriber

is

detected

and

forwarded

to

the

service

monitor

(or

tape

recorded)

for

display.

The

system

will

process

dialed

numbers

coded

in

dial

pulses,

touch

tone,

or

multi

-frequency

or

binations com-

of

the

three."

The

No.

389

component

is

the

service

monitor

unit,

which

receives

the

information

from

the

No.

370

call

selector.

The

information

which

appears

on

16-digit

x3isplay

panel

includes

calling

number

and

called

number
.

The

Alston

price

sheets,

brochure

and

technical

books

note

that

SO-

.iiHl

lO-trunk

options

are

available.

Both

Tel-Tone

and

Alston

advertise

regularly

in

the

weekly

trade

journal

of

the

telephone

industry,

"Telephony,"

and

the

annual

issue

19

of

"Telephony';^

Directory."

We

trust

this

Subcommittee

will

get

inform-.tion

into

the

record

on

Government

and

private

users

of

these

systems,

as

well

as

any

constraints

on

their

use.

What

is

plain

to

us

is

that

telephone

technology

has

made

many

advances

in

the

last

15

years.

About

dozen

years

ago,

chief

operator

in

Bell

System

operating

company

had

service-observing

equipment

installed

in

the

bedroom

of

her

home,

in

order

to

keep

track

of

the

operators

in

her

traffic

office.

She

ultimately

caused

dismissals

of

several

operators,

as

result

of

the

conversations

she

heard.

We

of

CWA

do

not

know

whether

the

chief

operator

was

alone

while

listening

in,

or

v/hether

she

used

the

gadgetry

for

the

ment entertain-

of

her

friends.

Some

of

those

disciplinary

actions

were

overturned

on

grounds

the

chief

operator

was

unable

to

make

positive

visual

identifications

to

accompany

what

she

"knew"

were

the

voices

of

the

operators

at

work

at

the

time.

The

chief

operator's

monitoring

set

was

installed

in

the

residence

by

management

personnel,

we

found.

In

November

1972,

we

at

CWA

were

appalled

to

learn

of

the

magnitude

of

the

"FUg

Brother"

study,

more

officially

known

as

"Communications

for

Social

Needs:

Technological

Opportunities."

We

paid

especially

close

attention

to

your

announcements

of

the

plan,

emanating

from

the

President's

Domestic

Council

and

the

Office

of

Science

and

Technology,

because

it

showed

that

serious

thought

had

been

given

to

employment

of

telecoiiimunications

in

fashion

subject

to

phenomenal

abuse.

We

were

appalled

by

the

very

real

possibilities

that

the

systems

could

be

used

in

spying,

invasion

of

privacy,

telephone

bugging.

20

ren.sor

.shi

p,

propaganda,

electronic

surveillance,

and

other

practices-

most

aptly

termed

totalitarian.

It

was

the

arrival

of

"1994,"

as

novelist

George

Orwell

envisioned

it,.

We

do

not

think

the

United

States

should

have

an

electronic

mail

-handling

system

which

can

so

easily

providf.

"Mail

cover"

for

government

.snoopers.

We

do

not

believe

every

car,

home,

or

rowboat

should

be

required

1o

have

the

"emergency"

radio

set

which

can

be

switched

on

from

outside

the

premises.

We

have

serious

reservations

about

the

"wj.red

city"

and

"wired

nation"

concepts,

by

which

the

government

could

maintain

better

contact

with

the

citizenry.

And

the

possibility

that

educational

facilities

could

be

wired

into

central

bank

of

information

causes

iiKi

to

question

v/hether

the

plurality

and

diversity

which

have

made

the

National

so

great

would

not

be

destroyed.

While

the

term

"local

-schools"

can

coniure

up

so;iie

unfortunatf

racial

implications,

it

also

denotes

most

.^alulary

la.k

of

centralized

control

over

educational

content.

From

what

we

have

seen

of

the

documents

on

the

"Big

Brother"

study,

the

technological

advances

now

exist.

For

example,

the

electronic

mail-

handling

process

would

be

form

of

facsimile,

on

an

automated

basis

between

two

computer

centers.

It

would

be

logical

outgrowth

of

the

"Mailg'-am"

service,

instituted

in

1969

as

joint

undertaking

of

tVie

Post

Office

Department

(now

U.S.

Postal

Service)

and

Western

Union

Telegraph

Co.

CWA

learned

that

subsequent

to

the

.startup

of

the

"Mailgrsm"

service.

Western

Union

and

the

Department

carried

on

cussion dis-

of

new

service

called

"Halifax,"

using

the

present

Western

Union

coimiiunicat

ona/computer

system

with

.soine

nu"dificrii

i.mi:-.

A;-

we

understood

"Mailfax,"

the

potital

patron

would

purcliatc

"Mailf.-,x"

blank;;

22

Before

departing

from

the

subject

of

"mail

cover,"

would

like

to

'"

refer

to

Appendix

I,

which

is

CWA

staff

paper

prepared

to

summarize

the

subject,

with

the

electronic

techniques

cited

above

included.

Senate

subcommittee

has

looked

into

specialized

form

of

"mail

cover,"

this

one

on

Congressional

"franked"

mail

going

to

regulatory

agencies.

The

Federal

Communications

Commission

and

the

Federal

Power

Coiniiiission

were

among

agencies

found

to

divert

Congressional

mail.

Several

items

on

the

issue

are

included

with

the

Appendix.

Southern

Bell

Telephone

"

Telegraph

Co.,

pursuant

to

Georgia

State

law,

is

required

to

identify

the

companies

which

are

licensed

to

use

service

observing

equipment.

Each

telephone

directory

carries

the

appropriate

notation

to

this

effect,

offering

listing

of

the

companies.

CWA

has

secured

such

listing,

v?hich

is

attached

t-o

the

copy

of

the

directory

pages.

We

understand

that

about

72

private

busine^sses,

three

non-Federal

agencies,

the

United

States

Marine

Corps

and

the

Veterans

Administration

are

licensed

to

use

such

equipment.

The

Internal

Revenue

Service

is

reported

to

have

such

equipment,

but

irs

not

required

to

license

or

register

it,

according

to

an

opinion

of

the

Attorney

General

of

Georgia.

CWA

staff

study

prepared

in

1972,

headed

"Monitoring

and

Other

Service

Evaluations,"

gave

several

examples

of

the

problems

faced

by

employees

of

telephone

companies,

represented

by

the

Union.

Included

are

Western

Electric

sales

catalog

sheets

showing

models

of

desk

calendar-

inkpen

sets

in

vrhich

microphones

could

be

concealed,

letter

from

Local

President

describing

dozen

methods

of

monitoring,

and

the

CWA

News

story

of

October

1963

telling

how

closed-circuit

TV

camera

had

23

been

in.'itnlled

in

men's

restrooni

to

catch

someone

in

the

act

of

scrawling

graffiti

on

the

walls.

(Appendix
the

J)

Invasion
r

of

privacy

using

telephone,

aided

and

abetted

by

the

spending

of

Federal

Funds,

has

struck

at

CWA.

In

early

197

2,

CWA

member

in

San

Mateo,

California,

v/as

dismissed

by

Pacific

Telephone

"

Telegraph

Company

and

subsequently

charged

with

criminal

offense

on

the

basis

of

"evidence"

gained

through

the

"Voiceprint"

technique.
,,

Your

Subcommittee's

interests

are

involved

in

"Voiceprint)'

Mr.

Chairman,

because

substantial

sums

of

Federal

money

have

been

spent

by

the

Law

Enforcement

Assistance

Administration,

Department

of

Justice.

On

the

basis

of

CWA

analysis

of

the

tables

in

the

Government-

financed

study

of

"Voiceprint,"

vre

are

forced

to

believe

there

was

sizeable

degree

of

intellectual

dishonesty

in

expounding

the

benefits

of

the

"advance"

in

identification

of

persons

accused

of

crimes.

The

CWA

member

in

California

was

exonerated

after

criminal

proceedings,

but

only

after

the

court

concluded

the

"Voiceprint"

technique

is

burdened

with

questionable

reliability.

The

CWA

analysis.

Appendix

K,

shows

an

error

rate

of

up

to

37%

in

various

kinds

of

voice

sample

matching,

as

v.'eli

as

the

details

of

the

case.

The

case

of

the

CWA

member,

Stephen

Chapter,

is

pertinent

tp

these

hearings

because

the

telephone

was

one

means

of

securing

voice

sample,

on

which

the

teste

were

based.

The

other

voice

sample

was

secured

direct

from

Mr.

Chapter,

recorded

on

low-fidelity,

inexpensive

tape

recorder
.

Mr.

Chairman,

the

news

on

telephone

wiretapping

is

not

all

bad.

And

wish

to

state

in

public

that

Southern

Bell

Telephone

"

Teleqraph

Co.,

unit

of

the

Bell

System,

handled

the

situation

properly

and

24

promptly.

The

Company

did

not

cooperate

:n

any

fashion

in

installing

the

wiretap,

which

v;as

discoverd

at

Wallace,

S.C.,

in

February

1973

in

the

motel

room

beinq

used

by

organizers

of

the

Textile

Workers

Union,

another

AFL-CIO

affiliate.

As

you

will

recall,

that.

Union

has

for

many

years

been

trying

to

organize

the

employees

of

J.

P.

Stevens

Co.

Because

the

Union

organizers'

telephone

went

dead,

the

Southern

Bell

repair

service

sent

man

to

restore

service.

The

repairman

found

the

wiretap

device

on

the

motel

room

telephone

and

went

through

reporting

channels,

which

ended

with

the

FBI,

called

into

the

case

by

both

Union

and

Southern

Bell.

After

months,

during

which

the

Textile

Workers

continued

to

prod

the

FBI

for

action,

indictments

were

returned

against

J.

P.

Stevens

Co.

management

employees

on

Federal

wiretapping

charges.

The

company

officials

were

subsequently

convic-ted.

We

believe

the

Subcommittee

has

an

interest

in

this

matter

because

of

the

8-monlh

period

necessary

to

take

the

matter

before

the

Federal

Grand

Jury.

The

FBT

should

be

pressed

to

ansvirer

as

to

the

degree

of

political

pressure

exerted

on

it

by

the

Stevens

Co.

and

members

of

the

State's

Congressional

Delegation

who

have

espoused

the

Stevens

cause.

(Appendix

L)

Telecommunications

technology

has

provided

means

of

cracking

the

traditional

doctor

-patient

relationship.

The

existence

of

large

computerized

data

banks

with

detailed

information

on

the

health

of

millions

of

Americans

vras

established

in

197

hearings

before

Subcommittee

of

the

Senate

Banking

and

Currency

Committee.

Most

notable

of

the

health

data

banks

is

Medical

Information

Bureau,

of

Stamford,

ecticut, Conn-

v;hich

serves

760

insurance

companies.

Information

is

fed

in

and

retrieved

over

telephone

lines,

with

thc;

Social

Sec^utity

numbf-;r

beinq

the

"identifier."

25

Among

recent

moves

in

the

centralized

health

data

field

is

the

marketing

of

various

kinds

of

medical

identification

cards.

We

have

samples

here

ol

the

"Emergency

MD

Card,"

and

the

"Hotline

F.merqency

Medical

Card."

Kach

of

these

cards

contains

macrofiliu

of

inedu-aJ

data

form

executed

and

signed

by

the

individual

on

his

or

her

conditions.

The

buyers

of

these

are

requied

to

furnish

their

Social

Security

numbers.

We

are

much

concerned

that

the

data

on

these

forms

also

will

enter

computer

banks

for

the

insurance

companies,

since

health-hospitalization

insurance

policy

numbers

are

secured,

in

addition

to

the

Social

Security

account

number.

CWA

believes

some

safeguards

are

essential.

The

"Medic-

Alert"

bracelets

and

medallions

are

far

more

likely

to

be

used

in

emergencies,

since

medical

personnel

are

trained

to

look

for

these

items.

For

more

detail,

we

refer

to

Appendix

M,

CWA

staff

paper

headed,

"Medical

Information:

How

Private."

The

July

197

report,

"Records,

Computers,

and

the

Rights

of

Citizens

issued

by

the

Department

of

Health,

Education

and

Welfare,

provides

mass

of

valuable

information

on

the

extent

of

information-gathering

on

individual

citizens,

who

are

caught

in

the

web

of

technology.

One

chief

problem

highlighted

in

the

37

2-page

HEW

report

(which

to

me

does

not

appear

exhaustive)

is

the

ever-widening

use

of

the

Social

Security

number

as

kind

of

"universal

standard

identifier,"

for

the

convenience

of

business

and

credit

firms,

telephone

companies,

the

armed

services.

State

motor

vehicle

departments

and

many

other

organizations.

Appendix

consists

of

CWA

staff

papers

on

the

HEW

computer

study

and

data

banks

problems.

The

HEW

computer

study

makes

numerous

recommendations

for

legislative

26

and

administrative

regulation

safeguards.

These

recommendations,

at

pp.

136

to

143,

are

reasonable;

CWA

would

support

them

without

hesitation.

We

note

the

recent

interest

of

the

Subcommittee

in

hearings

on

legislation

to

amend

the

Freedom

of

Information

Act,

to

guarantee

the

privacy

of

individuals

and

to

provide

access

to

records

concerning

themselves

maintained

by

Federal

agencies.

We

support

these

moves.

We

have

examined

the

proposals

made

by

the

American

Civil

Liberties

Union's

Project

on

Privacy

and

Data

Collection.

CWA

would

certainly

support

the

concepts

of

the

ACLU

proposals.

However,

we

would

oppose

one

point,

the

matter

of

conviction

records.

ACLU

would

urge

that

conviction

records

be

destroyed

after

the

person

has

served

his

or

her

sentence.

On

the

assumption

that

the

conviction

is

proper

one,

we

must

brand

such

proposal

at

best

unrealistic.

An

employer

must

be

allowed

to

learn

whether

prospective

employee

has

been

incarcerated;

otherwise,

in

the

most

extreme

case,

we

might

see

per.';on

who

had

served

time

for

embezzlement

somehow

liandling

cash

of

another

bu.sine.'i.s

house.

ACLU

appears

to

have

taken

too

hard

line

on

the

information

available

to

an

employer.

In

March,

1974,

there

were

reports

that

some

automobile

dealers

in

Baltimore

were

electronically

eavesdropping

on

the

private

conversations

of

customers

in

sales

office

cubicles.

Our

understanding

of

the

events

is

that

the

eavesdropping

usually

of

man

and

wife

left

alone

by

the

salesman

is

accomplished

by

an

adaptation

of

the

intercommunication

system.

We

at

CWA

have

been

attempting

to

follow

the

matter,

since

the

basic

right

of

private

conversation

is

involved,

and

since

the

dropping eaves-

may

in

some

cases

be

by

flagrant

abuse

of

commun'i

cat

ons

technology.

27

Appendix

conbi.sts

of

statenents

from

CWA

Local

President

and

Vice

President

on

the

"service

Monitoring"

practices

in

their

Bell

System

companies.

In

order

to

protect

these

Local

officers,

we

have

had

names

and

places

expunged.
of

On

March

25,

1974,

the

Maryland

House

Delegates

Committee

on

the

Judiciary

held

hearing

on

bill

to

restrict

telephone

monitoring

in

one

single

aspect

to

ban

the

making

of

any

form

of

records

of

monitored

conversations.

We

supported

the

legislation,

although

we

believe

that

new

Federal

law

is

required.

As

Appendix

P,

we

include

the

recent

testimony

of

CWA

Executive

Vice

President

Louis

B.

Knecht,

given

at

Annapolis

on

the

Maryland

legislation.

House

Bill

1678,

whichi-.

did

not

pass

in

the

recent

session.

Mr.

Chairman,

your

letter

inviting

CWA

to

give

testimony

to

the

Subcommittee

set

out

the

"chartered

areas"

for

this

inquiry.

hope

what

have

given

here

today

will

be

helpful.

This

has

gone

well

beyond

what

you

asked,

and

for

that

must

thank

you

for

your

forbearance.

The

sole

reason

for

the

mass

of

detail

is

that

the

subject

of

invasion

of

privacy

is

one

of

incredible

complexity.

Two

centuries

ago,

before

our

forebears

took

arms,

invasion

of

privacy

normally

meant

entry

into

private

homes

by

British

soldiers

and

mercenaries.

The

framers

of

the

Constitution

thought

that

they

had

quite

adequately

disposed

of

the

issues

of

privacy.

And

in

their

defense,

must

agree

that

they

did

accomplish

that

aim.

But

the

onrush

of

technology

has

led

to

deterioration

of

understanding

of

the

spirit

which

the

safeguards

of

the

Constitution

were

written

into

our

most

sacred

body

of

lav/.

believe

your

Subcommittee's

work

is

helpful

in

leading

the

Congress

to

rebirth

of

the

spirit.

Thank

you,

f4r
.

Chairman.

28

APPENDIX

oWA

19

73

Convention

Resolution

The

June

1973

CT'/A

Convention

adopted

Resolution

35A-73-8,

"The

Abuse

of

Technology: shocking
well

Freedom's

Enemy,

Corruption's
the

Ally,"

in

sponse re-

to

the

revelations

of

Watergate
of

investigations

and

hearings,

as

as

the

development

equipment

and

techniques

to

allow

major
resolution

invasions

of

privacy.
of the Declaration of pendence Inde-

The

recited

provisions
which had been

and

Constitution

considered

the

guarantees
arisen

against

invasions

of

privacy,
of

and

noted

the

abuses

which

have

in

recent

years

by

virtue

technology.
review of the

The

resolution

called

for

comprehensive

technology

subject

to

abuse,

and

asked

the

Congress

to

establish

standing

mittees com-

on

individual

privacy,

to

help

"...move

the

Nation

away

from

the

invitation

to

the

massive

corruption

of

our

liberties."

*****

The

Moorhead

Subcommittee

(Foreign
Government

Operations

and

Government

Information,

of

the

Committee

on

Operations)
and the

has

held

hearings
which

throughout

19

73

on

privacy
have

questions

manner

by

Government

agencies

disregarded

the

intent

of

the

Constitution.

The

Subcommittee

Chairman,

Representative

William

3.

Moorhead,

in

November

1972

"blew

the

cover"

on

the

John

Ehrlichman-

inspired

plan

to

establish

domestic

spy

and

propaganda
Office of

system,

as

outlined

by

Dr.

Edward

David,

then

head

of

the

Science

and

Technology,
Bell

an

agency

no

longer

existing.

David

came

to

OST

in

1970

from

Labs.

30

RESOLUTION

35A-73-8

TBI

ABD8B

or

TKCHiraLOOT':
CO" UlUOtft AIXT

FRBKDOIC"

DOaCT.

Tbe
Its mo3t

question
serious when

of

privacy
ixilnt military

of
since

the

Individual
tbe

ha*

readied

hearings position

on

"Right

of

Privacy"
been of

legislation.
outright opposition

Tile
to

CWA tapping wirewhen

pre-iUvolutlanarr
were

has
and

historically
other

period,
and search

British

men

atda

to

Invade
a

forms
and

eavesdropping,
Ti"t"r.n"i

except security

homes.

clearly

defined

genuine

issue

Is

involved.
The train of

Declaration
abuses
.
.

of ."

Independence
and of

cited

"...

Ions
Numerous major security" attempts
have to been events has

since been
the used American and

1969
to

have

shown

that

"Despotism" Oeorge guarantees

m. The that:

suffered Fourth

by
Aswnd-

tha
"national and

Justify

wiretapping
process.

colonies
ment to

at the

the

hands

corrupt procured
with situation

political
condoned

Constitution

Felonies
to

by
now on

lilgh
used mark

ernment gov-

"The persons,

right

of house,
searches

the
papers,

people
and and

be

secun

In against

their
the
reasonable unreason.

officials,
The

"national
now

security"
has taken

as

effects,
seizures,

the

of

shall

not

b*

"secret

sDOoperstate."

violated
. .

."

Presently,
intentions of vitiated but of tbe In native
as

no

single
Branch

Committee

of
or

Congress Agency has

and enure

no

The appear

noble to of
a

founders
recent

of
years,

the
not who

Nation by
seek
a

single

Executive
over

Department questions fragmented.

of

have

been

Jurisdiction responsibilities

the
are

individual

privacy.

The

King
such
means.

England, degree

by

Americans
invade

leeway

to

l^

technological
The
review

time

has of be CWA the

come.

CWA state In of the

believes, communications
area a

for

sive comprehen-

technology privacy.
review The of
time

The business

ever-present
has and the been

wish

to

pry the

Into abuse have

others' of
been

personal technology.
eating their

which
has

can

abused

of

aided

by
"bugs"

come,

believes, against

for
such

complete
abuses.

the

Literally
v,-ay into

figuratively,
body politic.

statutory

provisions

BE Electronic

IT

RESOLVED: to establish with mandates

That

this

Convention committees study

to of

call
cm

upon

and capable

optical of

devices, allowing
to

available snoopers

in
to

the

mld-

the

Congress

standing
to

vidual Indiand Pourth

19703, telephone retrieve

and to

are

overhear to

privacy,
report Amendment
so as

the

problems

conversations,
bank have account

operate medical
in and the

"mall

covers,"

the

appropriate guarantees
in

legislation
the away
our

interpret present

and

history
the

information,
home.

light
from

technology,
to

two-way equipment
can

television

Using codes,
an

to

move

the

Nation of

the

invitation

the

certain eavesdropper
in of of at

telephone

proper
number

massive

corruption

lll)ertles.

dial files

citizen's the

and of

listen abuses

wish.

CWA

contain

details

other

communications
a

technology.
used

Including
an

the
of

Illegal the
TV Federal
camera

tap

telephone

by

employee
a

Communications in
a

Commission,
of
a

closed-circuit

restroom

telephone console
In

building,
the
a

and

chief
of set her

operator's home.
In
use

monitoring
A to device become
on

bedroom telephone
for

the
an

market

allows

not

"open

microphone"

ping. eavesdrop-

Detection Thus Is appears

an

of the open have

these

devices
of to

is
such

difficult, devices

usually
and The

possible. Imtices prac-

existence
Invitation

corruption.
of law.

citizen

to

little

protection

In in 1965

an

awareness

of

the

dangers.
a

CWA

gave

testimony held

and

1967.

when

Senate

Subcommittee

31

APPENDIX

Appendix
Bell System

The

Bell

System

will

play

an

important

role

in

the

Moorhead

Subcommittee

hearings,

for

several

reasons:

1.

Bell

has

developed

number

of

monitoring

devices

and

techniques

over

the

years

"

for

its

own

use

and

for

others'

use.

2.

The

local

AT"T

unit,

C"P,

assigned

management

personnel
in

to

install

the

wiretap suspicion

in

the

FCC

building,

early

1970,

because

of

of

leak

of

agenda

matters.

(This

is

treated

in

the

separate

section,

"Monitoring

of

FCC

Employees,"

q.v.)
provides

3.

Bell

apparently

wiretapping/eavesdropping
noted in the Wall

devices

to

police

agencies,

as

Street

Journal

article

of

October

5,

1973,

attached-

4.

Bell

has

employed
in
some

the

'A-220

Remobs

(Remote

Observing)
needs

system

locations.

This

device

only

push-button
the

phone,

via

which

the

snooper

can

punch

appropriate
without

access

codes

and

listen

in

on

other

lines

detection

and

without

any

other

physical

connection.

5.

C"P

appears

to

have

actively

cooperated
Joseph
Kraft.

in

the

bugging

of

the

home

of

columnist

The

Post

article

of

June

26,

attached,

was

basedon

testimony

of

John

Dean

at

the

Watergate

hearings.

6.

Bell

has

stated

its

policy

and

procedures

for

handling

wiretaps

discovered

by

its

employees.

(See,

e.g.,

the

32

AT"T

Management

Report

of

August

9,

1973,

No.

33,

attached,

and

also

in

the

section

tabbed

"Monitoring

of

FCC

Employees.")

Some

of

the

procedures

outlined

by

Bell

management

could

place

CWA-represented

person

in

the

position

of

cooperating

in

the

continuance

of

criminally

installed

wiretap.

The

foregoing

items

troublesome

in

retrospect,

especially

in

the

light

of

various

civil

liberties

considerations

can

show

that

the

higher

levels

of

management

of

the

Bell

System

are

"in

the

middle."

Management

personnel

can

be

faced

with

the

desire

to

act

as

good

citizens,

which

means

willingness

to

assist

Government

officials,

who

are

presumed

to

be

acting

under

the

color

of

law.

Events

of

the

last

years

would

indicate

better

and

tighter

laws

are

required.

33
[The
Listening Are States Few In
"

Wall

Street

Journal,
Legal

Oct.

5, 1973] Illegal Taps

the on

Despite

All

the

Talk,

and

Telephones Two

Tough

Laws,
for

Climbing

Costs

Discourage

Practice;

Account

Most

BOBBY

SEALE

AND

ABBIE

HOFFMAN

(By
Let's
of
one

Jonathan

Kwitny"

Staff

Reporter

of

The

Wall

Street
or

Journal)
the chairman
"

U.S. Senator, bigwig, an important you're a Mafia say think of the and country's largest corporations, you
or
"

your

telephone

legally

illegally is tapped. about than you think. You probably have less to worry Yet of Watergate, because concern over wiretapping is widespread. Largely stories would is less of it than scare there Watergate-inspired some probably there before 1968, Almost was believe. have certainly, there's less of it than you and set stiff penalties for when legal wiretapping Congress .strictlyregulated illegal tapping. used Revenue to tap so many Internal The phones that it ran Service, which in surveillance it doesn't electronic use a special school for tappers, now says there's evidence and no income tax bribery is suspected cases except when sold to the who is lying. Manufacturers the IRS that tapping and bugging gear such sales in the 1970s, and armed forces in the 1960s only no they've made say
"

with

the

Army
Private

is

there

evidence

of

continued

electronic

spying

on

American

Sixty-eight percent of all wiretappers of such and tapping by state or local police, 80% court-approved wiretapping, New to statistics York and in only two Jersey, according occurs states, New been has office of the U.S. courts, which assigned gathered by the administrative activities. by Congress to keep tabs on wiretapping laws and modest costs Lax once permitted police and federal investigators, as well to wiretap freely. Now illegal tappers risk jail for as private detectives, and suits. Prosecutors must before provide detailed justificaa tion judge damage go 90 days after inform for a court-ordered a suspect they must tap. Moreover, be required to the coiirt order expires that he has been tapped, and they may evidence thus produced. give him a full transcript of any
citizens.

likewise

have

retrenched.

THE

"national

SECURITY"

TAPS

also face high costs. Routine wiretappers taps cost upward than cost more jobs can complicated $100,000. Private persons do it more who want to wiretap they don't need illegally can cheaply because the manpower But to prove case. a criminal they face other strictures. necessary James "It requires a good of expertise to do a good job," says Robinson, deal "The who pertise exDepartment. supervises illegal-wiretap prosecutions for the Justice believes." to be available doesn't as as everybody appear the The law allows 1968 whose are illegally to sue tapped phones persons Federal for large damages. Dozens and have sued Justice Department tappers suits has Bureau of Investigation of the damage officials to collect. Though none evidence reached about out substantial trial, preliminary fact-finding has smoked which curtailed have been authorized improperly tapping activities government since June 1972 decision Court a security" taps or Supreme against "national connection." with "no significant foreign bugs on persons kind Under of tapping or bugging most interpretations of the 1968 law, the one that doesn't ordered need is surveillance by the President prior court approval under his constitutional national to pursue security. But as a result of the power June 1972 it dropped six of the "national decision, the Justice Department says and activist groups, security" taps then operating, presumalily on domestic sumably prebecause "national in there security" threat was no clearly demonstrable Law-enforcement
of

$10,000, and

"

their

activities.

(Still, two
gear

Federal the
a

Bureau

of

Investigation
room

agents
The
were

were

discovered
case

with

tap wireing build-

in

telephone
trial

terminal of antiwar the

of

the

Jack.sonville,

Fla., federal

during
the FBI's

recent

veterans.

explanation

that

agents

merely

judge in the checking FBI

accepted
lines.)

phone

34
COURT-ORDERED TAPS LEVEL OFF

100 national-security taps just over apparently still conducts government in the U.S. At times during the 1960s, mostly on foreign establisliments to the United national Mission security taps were Nations, placed on the Cuban Soviet the .South Vietnamese Mission in Washington, trade mission in and a "New Ofticials U.S. to York. claim that do the even same friendly countries The
a

year,

missions

abroad.

produced dramatic highly, nonetheless, that it has forfeited criminal overheard cases on against defendants Scale, taps Bobby accused of contempt, Abbie of rioting, and lesser-known rather Hoffman, persons than submit of the taps. to court rules and disclose tlie locations Besides kinds of legal electronic other two national-security taps, there are surveillance. is "one-party consent" common Probably the most tapping. In all but a few states anyone can legally record his own telephone conversations though (alhe will violate rule if he doesn't a telephone-company beep a signal to warn of the taping) or hide a tape recorder in his pocket. The other kind of legal tapping is court ordered. Its use to be leveling seems off. From 1968 to 1971, the number of court-ordered each taps nearly doubled But last year, issued S55 tap and courts year. bug orders, up only modestly from 816 in 1971. Of course, there are statistics on the illegal or possibly illegal no tapping by investigative agencies, police and private eyes before or since 1968. But there's no evidence it is widespread ing today. And illegal tappers, includmany and House White to get private detectives "plumbers," eventually seem caught. had 37 persons for indicted By the end of last year, the Justice Department Of the.se,16 were the 1968 law. illegal wiretap activities under convicted, six citizen were acquitted, and 15 were awaiting trial. Few complaints only one in prosecution, however. Most of them from band-wife husin 50 stem actually resulted disputes that Mr. Robinson, the department's enforcement supervisor, thinks better resolved settlement than the federal are coiirts. by a divorce Another obstacle for illegal wiretappers, whether official or unotficial, is the his line checked. The to have ability of a suspicious telephone customer phone a customer requests ; many private company says it quickly investigates whenever countersurveillance firms service for a fee. Most perform a similar police tappers, and even most illegal tappers, use equipment simple enough that a routine is so will spot it, though some remote-controlled check suiiersophisequipment
any The

There's no information.

evidence

of

the

national-securitytaps has
them
so

government

values

"

"

"

"

"

"

ticated Both found

a

it would New

detection. escape York's and New Jersey's

court-ordered found

they
has

have

telephone companies say customers' tap in checking complaining York Co. found illegal taps. New Telephone
far

have tliey never phones, though five in 1972 of and divorce

found

eight

so

this year,
COSTLY

most

of

them

installed

because

disputes.
AND BXJRDENSOME

Of last year's court-ordered requested taps, only 206, or less than 25%, were ice, Servbut a few Revenue by federal agencies, mostly by the FBI by the Internal rest the Secret Service agents. The (in counterfeiting cases) and narcotics New I'ork and were requested by state and local authorities, mainly in New Jersey. enforcement law officers look on varying degrees tapping with Judges and in ^Mercer of tolerance. S. Kingfield of the superior court County. Judge Frank he issued 134, refused N.J., has never a request for a wiretap order. Last year of every six in the country. ^Nlany of the 134 were or one requested by state police also were requested headquarters in Mercer County for use elsewhere, but many by local officials. or of the taps in Mercer used to gather information Two-thirds County were "Our isn't to arrest deter operators in numbers, or illegallottery, cases. purpose Mathesassistant gamblers but to try to control volume," prosecutor Wilber says the phone, they (the information ius. "Instead of giving the over (numbers) with It puts a crimp in the bags of .slips. lottery operators) are running around volume they can handle." of Mercer district attorneys decline to apply to a .iudge Outside County, some who Y'ork prosecutor David for most Cunningham, taps requested by police. New helps screen police requests for taps in drug cases, says only 20% get approved. tries to weed He out help convict requests for taps that probably wouldn't in used even been elsewhere, major importers of hard taps have drugs. But cases. marijuana

35
"I'll
meet you

outside"

officials disapprove of wiretapping as a deterrent, or as in minor especially those involving "victimless"' getting evidence cases, crimes. and It is too costly in money are they think, and "Wiretaps manpower, enforcement officials would less productive than law most enormously admit, or York citizens narcotics than most realize," says Joseph Joch, a New pro.secutor who works under Mr. Cunningham. create fear of wiretapping will I)acklash Others that abuse overuse a or York Detective has cracked million-dollar multi^lullins, who Sgt. Lawrence against it. New Mafia operations with phone taps, says that "the greatest weapon He makes clear in sophisticated investigation is being threatened by nonsense." for other methods. for investigators who his distaste use tapping as a substitute and New differ. FBI more Jersey tappers use Tapping systems sophisticated and closer have much relationship witli tlie telephone a working equipment, than do New where Y'ork police. "We can use a system effectively you company, New sit in your and monitor a nome phone in the country," says Jersey any that number. assistant pro.seciitor."You'll hear everything that transpires over rental We fee." It takes have to pay a only one (New Jersey) Bell Telephone to monitor each detective shift with a a tape recorder tap. the prosecutor says. FBI The uses a similar system. attached In New York, investigators prefer "direct-line" devices, simple wires to the phone line and running to an eavesdropping spot in sight of the place being to understand hard how conduct tapped. Sgt. Mullins you can says. "I find it very office. If a guy the phone. 'I'll meet side," outon an investigation from your says you who's he's meeting. I want to be able to see that guy want to see who's we Y'ork police also believe that direct-line gives better coming and going.'" New gear sometimes have been so garbled they recording quality. Remote taps by the FBI

Many

law-enforcement

way

of

have

been

thrown

out

of

court

or

have

had

to be

redone.

HOPING

AND

PRAYING

on appeal nearly 100 wiretapAttorney General John Mitchell allowed Justice to sign their to wiretap Department employes superiors' names documents in violation of the "due entitled the to under are process" defendants

The

Justice

Department
and

is in

danger

of

losing

based

convictions

indictments

because

former

1968 The crime

law.

law unrelated to the prohibits tappers from listening to conversations thrown York heroin was out in a New they're investigating. Tap evidence case of irrelevant recently because police had heard and recorded a mass tions conversastill face jail because (though the defendants they opened fire on the police who to arrest "The came them). (defense) lawyers listen carefully in pretrial hearings, and they just hope and tliey're going to hear something pray you shouldn't have recorded," "That"s of the case."' Crimthe end inals Sgt. Mullins. says sophisticated in the law often start phone conversations with harmless and irrelevant chatter, hoping any talk develops. tapper will cut off before damaging Despite the deterrents, a legal or illegal snooper, if the information at stake is worth the cost and the risk, can find the teclniology to reach into almost any home, office or public building. Companies that manufacture the equipment report a of l)nsiness. but no steady drum Business in the bug-detection great upsurge. .field, is definitely on the upswing. One however, long-time supplier says he recently sold high-cost detection to such gear big corporations as General Electric and Carborundum Co. and to many smaller firms. At least three Senators recently have had their offices swept for listening devices, though none found, and were senatorial aides say other such sweeps in the making. are

[The

Washington System

Post, June

26. 1973]
to

Ex-Bell

Aide

Said

Help Staff

Taps

(By
The

Peter

.Jay. Washington
who

Post

Writer)
of columnist
a

White

House

wiretappers

Inigged the

telephone

Joseph
former

Kraft in late 1969 used classified technical information by supplied them Bell System John said in his Senate official, Dean testimony yesterday.

36

Dean

said
line

he

was

told
a

that that of the

the may

"pair
carry

numbers""

code

needed

to

identify
were

one

particular by
Bell and

in H.

cable

2,000"
House for three

for

Kraft's
who Richard had

telephone spent
M. 28 Nixon's

vided prowith

John

Davies
on

White

staff,
of

years

worked

communications

political

campaigns.
Officials
of that Bell's their of
a

Washington policy
written General
or or

affiliate,
release of

the

Chesapeake
numbers"

"

Potomac

Telephone by
court order from

Co.,
or

say

l)ars

"pair
national of the FBI

except

upon the

receipt Attorney
was
no

request
the

citing
director the

security
FBI.

considerations

either There In about

such to of

order the

request,

subsequently committee,
Dean
a

told said New White

Kraft. he York House.

was

his the

testimony tapping
and told

Senate

Watergate by
John who
was

told

Kraft's

phone
consultant

J. also

Caulfield,
worked

former the

police

investigator
"Caulfield Mr. John

security
me

in

(the
and

wiretap) himself,"
in

performed
Dean said
as was

by
in his

Mr.

(Anthony)

Ulasewicz, testimony.
various covert for the

Regan
has for the

(sic)
been White in in 196S late

prepared
conducted

Ulasewicz

identified House. and 1971 and

testimony
John

having
a

operations
Nixon

Regan
for the not

security
National for comment

consultant
Committee.

campaign
the

then could

Republican
be
reached

He

left

payroll

yesterday.

38

requiremcDls
not

of loll

Section record

605

and

do

issuing

wiretapping
of
a

order

(or

ing deny-

device"

has

been

found be

and

that
to

any the

disclose

inlonnatioo
"

approval
is,
or,

prior "emergency" notify

"

questions
proper whom Law
are

should

addressed

except
a

under of

lawful
a

process

that

interception)
named discretion the
in the

must

the

parties
at

law

enforcement
Bell

authorities,
identifies.

subpoena
the

court, of

grand

jury

application

and,

the
to

the

company authorities

in

language
Act,
"on

The

tions Communicaof other

a

of the

judge, other

parties
"

enforcement

generally
to

demand

lawful

interception conversations

of the

given

reasonable before the

opportunity
device is

authority"

(for

example, subpoena
Service make and

sional Congresor an

following:
"

investigate
that
an

moved. re-

committee Revenue The

ternal in-

the

fact

application

was

ceived; re-

summons).
"

If

legal wiretap
authorities

is found,
are

law

forcement en-

companies
is
valid

certain requests
a

such

mand de"

whether

the

application
or

was

ized, authorthe has

customer

advised
"a

that

specific approved
denied; riod peords rec"

will

be and
to

told any
the

device"

information of
arc

covering
before

designated
of these

been
be

found addressed

questions
proper whom
law

time

any

the

period

of

authorized,

approved
should enforcement authorities, identifies. the
tical is idenis

released.

or

denied whether
not

interception;
communications
were or

the

"

What Laws
State
laws

The

State
were

company The

intercepted.
report
whether of the
to customer

Provide
Such notification
within 90

by
days

the

court

must

the
customer

4iuthorizing court-ordered by
state

wiretap
is
was

legal

or

be
forcement en-

made

tion expira(or
an

wiretapping

and
must

local

law

illegal.
that
"a

The

merely

told

of the within 90

order

and of the

its extensions denial of

an

device"
it
as

founii

without

agencies
the strict

conform of
the

to

days
for

of

plication ap-

requirements
Crime

Federal Safe

characterizing
is done
to

legal or

illegal. This
ing disclos-

approval

"emeravoid "hp time

tiic

inadvertently
ut ii

Omnibus
Streets Art

Control
nrrvnt, 27

and
"!taH"S

j"rnrv" inleTeption).
and fui

")n1p";s

At

pr\.sk.iicv;

iC^ui

^viiviu^.

iiutiriLUtiuii
a

is cxiciidcvi

uj

ihc
of

court

the

District

of Columbia
In

have all other

such

abling enon

law

enforcement

showing

good

If there
but
a

has

been

no

subscriber finds
Bell

quiry ina

legislation.
state

states,
cause.

telephone

employee

and
cannot

local

law

enforcement
court

cies agen-

Wiretapping
are

applications
by
person, the
court.

and

wiretap,
ders or-

the

recommended
as

tem Sys-

obtain

orders

izing author"sealed"
that
a

The
a

policy is
act

follows:

wiretapping.
The
are:

provides
enabling

includmg
can

ephone telbe

"

If

the

wiretap
and law

is

illegal,

both

the

states

with

legislation
held
in

company criminal
existence
or

employee,
contempt
or

customer
are

enforcement
that
"a

ities author-

for

ing disclossuch

advised found. The

device" enforcement

has

Arizona Colorado Connecticut Delaware

District

Nebraska New New New

New

the

content

of any

been

law
are

Hampshire
Jersey

application
of

order

without

prior approval
The

authorities

generally

given

onable reas-

the

issuing

judge.
are

Bell
to

period
wiretap
If the
not

to

investigate

before

the

companies,
Mexico
advise York
answer

accordingly,
customers

obliged they
cannot

is removed.

their any
or

that

"

wiretap
advised
unless

is and it

le}:al, the
I le

customer

inquiries concerning
nonexistence

the is

device

is

not

of Rorida

Columbia

Nevada

existence

of

such

ders. or-

disturbed

is

causing

trouble

Oregon
on

the
The

line. number
of

Georgia
Kansas

Rhode South

Island Dakota

Discovery
When
a

of Wiretaps
wircinppmg
found
number ihcm
lo

devices
has been

customer

requests
check

phone tele-

Bell

Maryland
Massachusetts Minnesota

Virginia
wiretap, Washington

company Ihc is
as

for

suspected
low

companies
in relation

have
to

the

of

tomer cus-

recommended

Bell

System
requests for

asking
wiretaps
10,000

check there

policy
Wisconsin
"

follows: evidence
is
so

suspected
some

In

1972,

If

no

lap the

or

no

of

tap

is
were

requests

asking
vvirctaps

Notification
Under
Under Control
(lie ant!

to

Parties

found,
If

customer

informed.
is

them the

to

check
1 15 per

for device; Hell

suspected
were

Surveillance
"

an

illegal wiretap
Ijw

found,

and
than

abnut
one

found, company

less

Federal

Omnibus
Act, the

Crime
court

appropriate
and

enforcement
arc

;igency

Systf

ni

per
D

Safe

Streets

the

customer

informed

ihal

"a

monlli.

39

APPENDIX

Monitoring

of

FCC

Employees

In

early suspicion
leaked

1970,
that

FCC

Chairman

Dean

Burch

and

the

executive

director

had

the

items

from

the

weekly
the Network

commission

agenda
Branch in

papers

were

being

by
to

an

employee lawyer
who

of

Study
at FCC

the

Broadcast

Bureau

used

to

work

and

now

is

in

the

private
amateur

broadcasting
investigator

industry.

An

employee suspicion

who

seemed

to

want

to

be

an

reported

the

to

the

security

ficer. of-

Instead

of

doing

methodical

job

of

investigation,
the

the

security
phone
the wire

officer

got

permission
three lines'

to

install

wiretap jumper

on

employee's
run

The

man's

terminals

had

wires

from

room

on

the

third

floor

up

to

the

security
if the

officer's

desk,

on

the

eighth getting
FCC

floor.

The

idea

was

to

learn

ex-FCC

employee
Study.

was

agenda arranged tap

floors.

items

from

the

FCC

employee
of

in

Network

with

Vice

President

C"P

Telephone
the

Company
extension

to

gat

the

installed.

The

job

involved

running
to

wires

up

five

The

company

was

required
to

do

the

job
the

after

working
ficer. of-

hours

at

FCC,

with

the

instructions

be

given
the

by

security
office,

The

billing

was

to

go

directly

to

security

where

it

would

be

discreetly
foreman
was

handled.

C"P

given

the

work

order

orally.

He

saw

something
the foreman

fishy
not to

and

asked

superior
without

what

to

do.

The

superior
When

told

do

the

job

written

work

order.

the

v;ritten

order

was

produced,
officer and

the

foreir.an

went

to

FCC,

joined stayed

up

with

the

security
weeks,

did

the

work.

The

wiretap

in

place

five

early
Late

in

1970.

in

1970,

the

FCC

security

officer

decided

to

close

the

L'.vestigiitj.osi,

because

he

ri

40

reported

hearing

only

trivial

conversations.

*******

In

early

1972,

the

House

Commerce

Committee

got

tip

that

the

tap

had

been

used

two

years

earlier,

arid

Chairman

Harley

Staggers

assigned

his

investigators

to

get

the

facts-

After

the

wiretap

was

confirmed,

the

Investigations

Subcommittee

held

two

sessions

of

hearings,

in

March

and

May

1972.

FCC

Chairman

Burch

and

five

top

FCC

officials

appeared

and

were

required

to

explain

the

situation

under

oath.

During

the

course

of

the

hearings,

the

FCC

officials

attempted

to

hold

to

the

position

that

the

agency

was

not

covered

by

the

wiretap

statute.

In

the

hearing

the

FCC

Chairman

was

confronted

with

his

own

contradiction.

He

had

written

to

another

Subcommittee

Chairman,

Representative

John

Moss,

who

was

looking

into

monitoring

devices,

flatly

stating

that

FCC

employed

no

wiretaps

because

of

agency

regulations.

In

mid-1972,

the

Justice

Department

v;rote

to

the

House

committee Sub-

flatly

rejecting

the

FCC

legal

opinion

that

the

tap

was

legal.

The

latest

FCC

position

was

promise

not

to

repeat

the

use

of

taps.

See

page

48

of

the

Staggers

Subcommittee

hearings

on

the

matter.

It

is

interesting

to

read

the

"Introduction"

paragraph

of

the

"'Memorandum

of

the

Use

of

Telephone

Extension

to

Monitor

Improper

CoiTjaunications,"

dated

May

15,

1972,

prepared

by

the

Commission's

41

General

Counsel,

John

W.

Pettit.

As

the

"fact

situation'!

reads,

there

wais

suspicion

in

19

70

in

single

instance

that

Commission

agenda

items

were

"regularly

being

disclosed

to

outside

parties."

That

suspicion,

in

the

next

clause,

escalates

to

the

status

of

"evidence"

and

remains

as

"evidence"

in

the

third

and

final

clause.

The

final

sentence

in

that

paragraph

is

highly

interesting:

soma

"information"

was

the

basis

for

the

decision

to

install

wiretap,

euphemistically

termed

"telephone

extension"

so

the

security-

personnel

could

monitor

the

"illicit

calls."

The

remainder

of

the

Pettit

memorandum

does

not

document

how

the

suspicion

was

borne

out

to

become

evidence,

ffc-

Pettit

and

the

security

personnel

would

be

well

advised

to

adopt

rr^re

precision

in

their

operations

CWA

was

concerned

over

the

very

serious

implications

of

the

type

of

monitoring

employed

at

FCC,

since

what

was

done

could

have

been

construed

as

criminal

offense.

CWA

President

Beirne

took

the

following

actions:

1.

On

January

16,

1973,

wrote

memorandum

to

the

Executive

Board

members

and

National

Directors

advising

of

the

incident,

enclosing

copies

of

the

hearings

and

report

issued

by

the

Staggers

Subcoitmiittee.

2.

Directed,

in

that

memo,

that

the

Union's

Vice

Presidents

imrr.ediately

bring

the

FCC

monitoring

to

the

attention

of

telephone

company

management

personnel

v;ith

whom

they

maintain

contact.

42

3.

Directed

the

Vice

Presidents

to

report

back

to

CWA

Washington

the

results

of

their

contacts

with

company

management
.

The

CWA

concern

was

twofold:

the

Union

has

long

held

the

position

that

wiretaps

are

highly

subject

to

abuse,

so

much

so

that

they

should

be

banned,

and

that

installations

of

certain

wiretaps,

like

the

one

at

FCC,

could

place

CWA-represented

craftsmen

in

violation

of

criminal

law.

The

January

1973

Beirne

memo

said

that

management

should

be

required

to

perform

such

work,

in

order

that

any

possible

criminal

charges

would

remain

within

management

ranks.

43

COMMUXICATIOXS

"WoRKF.nS

OF

A:^tF.^ICA,
01,
1072.

Washington^
File:
Hon.

B.C.,

October

1.12.23.57x3.1.
IIaiii.f.y

Stacgkrs,
Suh committee
on

Chairman,
Interstate

Special
and D.C.

lavestifjafions.
House

Committee

on

Foregin

Cwnmerce^

Office

Building,

ington, Wash-

Dear this
year

Mr.
of

Ciiatkmax:
tlic

Your

Subcomniittee's
activities showed
can

iiivesti"ZJ^tion
conducted
latters
at

e.irlior Federal

Aviictappini^
(Commission

bein^
tlie

the

Communications
for The Ifhv. Tlio

sincere in
a

disrefrard

activities

admitted
must

only
been

be

justified
a^-are

police
Ic^al

state.

Commission
on

certainly
since the

have

of the with

the

tures stric-

monitorinir, 1034-,
the

its

or^ranic
is

statute,

Communications

Act

of

Avhich

Commission

charjjfed

enforcin^r,
in
605

tained con-

main that
lOOS

couimunicatious

privacy
made

provisions,
in

Section and

CO.").

We
to
some

note

letrislation
laws
on

channes

Section

eased

de;iree

tlic

monitorinfr.
A^'orkcvs
ot

The yeai-s with

your
a

Connnuiiiirations
been

America

lias
to

for
use

number of

of

dccidoly

"haixl-linc''
:

in

opposition
;iemiine co])ies by
the

the national

wiretaps,
For dealof committee Sub5.

sinirle

exception
use,

cases

involving:
am

security.
resolutions Conventions th.c
on

Subcommittee's
with invasion
ot" lOf'.T.

eiu-losiuir

of

the

iniX
100r",

privacy,
In

adopted
I

I'nion's l)ef"n-e

1!"("I'", aud
on

nddition,
Practice

testified ami

Senate

Aduiinistrative ll'(;7,
on

Procedure with bulk tiie

not

j[ay

10G5,
on

and the

April

21,

ijwasions

of

privacy,
the

special
of

einj)hasis
I'liion's
lOf.7
bers mem-

telocomuuiui.-arious
arc

in'lustry,
Cojucs [Knclosures
of paires

where

the and

employed.
enclosed.

from have

10r"r"

iieariuL'S
for

also

are

liereto

been

i)rintetl

this

report].
It randuui
is

iutt-restinir
on

to

read of

the

'"lutroductiou" Kxfeiision

paragraph
to

of

thn

''Mcuio-

the

Use

Tvleplione

Monitor

Improper

44

48
tlioCommission's b*y Communications," dated ^ln\ 15,1072, prepared there situation" "fact tlie reads, General Counsel,Jolin W. Pettit. As
"was
a

items

instance tliat Commission agenda in 1070 in a sinjrle siispician That picion, sustf"--f"ntside disclosed parties." bcinf; TCcro ''re^^ilarly

mains escalates to the status of "evidence" and rein the next clause, final sentence Tlic in the third and final clause. as "evidence" the "information" was is highlyinteresting: some in that paragraph termed a install decision to tlie a euphemistically wiretap, basis for the monitor could extension" so the security personnel "telephone ment does not docuThe remainder of the Pettit memorandum calls." "illicit borne out to become evidence. Mr. Pettit how the suspicion was

would b6 well advised to adopt more sion preciand the security pei-sonnel in their operations. ISIarch 28 and on of your Subcommittee's hearings, The transcripts duced, May 16, 1072, disclose that no solid evidence of wrongdoing was pro]Mr. The security olTicer, after a month of eavesdropping. even ing involvthat he had heard conversations Goldsmith, could not testify

agenda items. mission Somehow, the attorney who once had been employedby the Cominasmuch in exercise logic, is termed a "trespasser," by a tortuous working in the Commission's offices after normal ho was as time to time from Commission 'hours some personnel even thougli ing workhad on remain after 4:30 p.m. The Commission employeespied and probably hours ending at 5 :30 p.m. The attorney may have, P"ut emfor his ployment own Commission's the telephones purposes. did,use in the is warranted not device of an illegal eavesdropping record. situationdescribed on the hearing force resorted to the clear that the Commission's security It is quite solid evidence except that no despite expedieftt, wiretapping illegal cause be"amateur liked to who investigator," play providedby a person sound to perform investigative of unwillingness or inability
"

from the limited of May 15 steered away Pettit memorandum in Section 802 of tlie Commission to authorization granted monitoring Safe Streets and Crime Control Public Law 00-351, the "Omnibus Act of 1908." The new Chapter 110 added to Title 18 U.S.C. included allows tlie Commission to monitor Section 2511,whose paragraph2(1)) That oral conimuuications but only in the intoiests of service quality. laid forth in the section-by-section intont" was Congressional "explicit tion In crime detec00th Congi-ess. i ncluded in Senate 1007, Report analysis orders court certain including situations, safeguards procedural
are

work. The

'

required.
We all persons hope that in the future,

whether and organizations, and including panies, telephonecomindustry part of government or private dulge will refrain from such nefarious activities.And if they so inbe s hould themselves, the resi"onsil)lo criminally parties prosecuted to the full extent of the law.

Sincerely yours,
Joseph
A. Btn^nN'n. President.

46

pp.

10-20

and

78-80,
how

Security
the

Officer
was

Goldsmith

explains
for involved and

wiretap
Names

arranged
of
C"P

installed.
are

personnel

included.

pp.

39-45,
evidence admits used.

Chairman
was

Burch

recalled;
from the

admits

no

gained

monitoring?
was

irregular

billing

procedure

Report

pp.

1-3,

Committee

description

of

case.

pp.

13

and
Be

47,
irneto

extract -Chairman
on

of,

and

full

text letter and

of.

Staggers
the

commenting supporting

monitoring

the

Subcommittee's

efforts.

pp.

62-63,

text

of in

Justice which
a

Department
1967 Federal

letter Court Bell the follow-

to

Staggers,
case's
are

findings
cited. Justice This

against
letter,

Michigan
and letter

up the

Department
of the 1970 the

(p.
attempts

69)
at

show

rejection

FCC

justifying

m.onitoring.

The additional

Investigations

Subcommittee the

has and

advised in if you reasonable need

it

can

furnish

copies
upon

of

hearings
Please

report
advise

quantities,
copies
.

request.

additional

am

most

anxious you

to

have

your v/hen

reports
you discuss

as

to this

the

company matter.

management

reaction

perceive

^^^e^^
Enclosures

EBP-1913

47
APPENDIX [The High Court Voids
of

D May May 14, 1974] Be Freed

"

New

York

Times,
;

Drug

Wiretaps

600

Justices
Federal

Upset

1970
Wide

Conviction Effect
in

Narcotics

Sellers,

Citing

Invalid

Order;

Foreseen
gaining evidence under MITCHELL LIKELY TO EMBRACE OTHER CASES

errors

(By Washington,
sellers

Warren

Weaver,
"

Jr., Special

to

the

New

York

Times)

of narCourt ruled cotics a 13. The today that May Supreme group of Justice the because in 1970 Department illegally convicted orders. with invalid them obtained evidence wiretapping had against few and involved defendants, the decision case a one cmly directly Although other of than convictions 600 certain out more it appeared almost to wipe used. of evidence kind was offenders whom the Federal same against be used could that evidence not against a The unanimously high court agreed based application obtained on an Federal if it was wiretap a through suspect rather than assistant executive by the Attorney General's signed by ihe Attorney
were

General

himself,

then

John

N.

Mitchell.

SOME

taps

supported

of wiretap 5 to 4 in support Court voted the In a parallel case, however, but General appeared in fact authorized that were by the Attorney applications had General who Assistant to be signed actually not played any Attorney by an part in their preparation. Federal of 807 the convictions effect of this The ruling will be to preserve convicts for whom Mr. that Mitchell the

authorized
had

surveillance
come

but

whose

papers

rectly incoreral Gen-

indicated
Will In the R. first

authorization

from

Assistant

Attorney

Wilson.
case,

all

nine

justices
set did

agreed
to

that Mr.

an

initial had

authorization
not

by

Sol

IJndenbaun),
for

executive

assistant

Mitchell,
Crime

met Act of
an

the

signed requirements
extension
a

Four of this

order a wiretap Justices, however, order

were

by

the

Organized
agree to
were

Control

1968.

not

with record Chief

the

majority
Warren

that dialed

and also

two

related

orders

numbers

from E. and

given
and H.

telephone
Associate

improper.
Lewis F.

They
Powell

Justice
A.

Burger
William

Justices

Jr., Harry
in second

Blackmun

Rehnquist.
dissenters

case

Dissenting
result J. in Breinian The
as

from

the evidence

decision
were

that

the

AVilson-signed
Justices William Mar.shall.
a

authorizations O.

did

not

tainted

Associate and

Douglas,
amount of law

William

Jr., Potter
cost may embarrassment

Stewart the at

Thurgood

decision
as

Justice

Department
mishandled

substantial

money,

well

having

60

cases.

Federal

that

anyone

damages
The for The
a

is illegally tapped can recover $100 a whose telephone and legal expenses. plus luispecified punitive damages N. Giordano, whose was involved Dominic telephone principal case in the for
or

provides in day tapped agent.

than

month

fall the
an

of

1970

after order

he

had
was

sold

narcotics

to

an

undercover rather

application
Mr. Mitchell for

wiretap
Assistant

signed
General Justice General

by Mr. Byron
has that

Lindenbaum

by

Attorney
Associate

designated
R. broad

by
White
power

Mr.

Mitchell.

Writing
Government's
his

the

majority.
tliat White

argument

the

Attorney
be

Justice authority. specified that wiretap Assistant a designated In the second

case,

maintained could

instead

requests Attorney
Mr. White

signed
for Wilson the the

only

l)y the

Congress Attorney

the rejected to delegate had clearly General

or

General.
wrote
narrow

majority
official who

that

in

misthe made

identifying wiretaps,
the seizure

Assistant when it
was

Attorney actually
milawfnl.

General Mr.

as

the

authorized had not

Mitchell,

Justice

Department

of evidence

48
Pay Your Telephone Wall Bill
or

You'll

Be

ox

Party

Line

(By Although
the

Street

Journal

Staff

Reporter)

to limit tapping to use by federal wiretap law appears of for many claims an exemption agents, the telephone company contends much to the benefit of government its employes prosecutors. AT"T fraud its bills, through mechanical or it suspects of dodging devices, that anyone evidence listens in and isn't entitled to privacy in calling. So the company passes of toll fraud to the government. is "sheer coincidence" the But sometimes phone by what company says Some of the of other, more these toll-fraud serious, crimes. taps produce evidence Justice most against important gangsters Department's prized wiretap convictions toll-fraud wasn't resulted from although toll fraud charged in court. wiretaps with Over the years, law-enforcement veterans, phoneaccording to interviews and local police forces easy access security officers have offered the FBI company about and to information customer phone line locations tapping) (to facilitate views toll records, despite public denials by the company. Despite furtlier denials, interindicate that phone-company employes sometimes help lawmen by stringing wires for a tap. And, human it is, employes nature sometimes take being what of their teclinical advantage ability to listen in on customer phone lines, just out of curiosity.

1968

law-enforcement
"

"

"

"

[The New
Police

York

Times, June Wiretaps

in

1, 1974]

Use

Illegal

33

Cases

Hb^ie

(By Deirdre
The
Police the

Carmody)

Nadjari.

has the special state prosecutor, Maurice Department informed H. the five District citywide narcotics Rogers, and pro.secutor, Frank 1969
was

Attorneys that 33 narcotics-related arrests between illegal wiretapping and that untruthful evidence
trials. Tlie information

and

1971

were

based of

on

presented

at

some

the

in a letter sent on was May 22 to the prosecutors by the first deputy police commissioner, M. Taylor. It was James based on testimony at an trial in April by a former interdepartmental detective who had been member a of the special investigating unit for narcotics. He startled spectators in the courtroom by asserting that he had placed illegal wiretaps on .suspected narcotics dealers before arresting them, and that he had of times perjured himself a number when called witness at their trials. as a

investigation

ordered

was Carl Aguiluz at the interdepartmental given by Detective M. O'Brien, his former Sgt. James ing colleague in the narcotics Unit. Followhis trial. Sergeant O'Brien cleared of the various was charges again.st him, but Police Commissioner J. Codd Michael ordered an immediately investigation into any that might have cases been affected Detective Aguiluz's actions. Viy, One defendant sentenced was to state prison for a maximum of up to seven Two other years. have defendants probably already served sentences, although this could not be confirmed dismissed. cases yesterday. Seventeen were Warrants are out in another five cases on who have defendants bail, presumably jumped and the disposition of the other could cases not be learned.

The

testimony

trial of

captain

fined

.f 15.000

unrelated an development, of the Police Department's a cajitain in one est highanticorruption commands allowed was to retire yesterday with his pension after paying a "Sl.'i.OOO fine in connection with in charges of receiving payments lieu of making prostitution arrests more than 10 years ago. Cant. .Tohn O'Shea. the member of the second-ranking in.spectional services divi.sioii. pleaded no contest to charges he received initial pavment of .$.'iOO an and subsequently monthly of $200 from payments April. 1963. to April. 1964. from Thomas Chaipis, proprietor of INIagoo'.s. bar at 21 Avenue of the a Americas, where prostitution was allegedly taking place. Captain O'Shea then the was training officer in the Manhattan South Precinct.

In

49

APPENDIX

FBI

and

Other

Snoopers

in

the

Wireroom

and

Elsewhere

Although
communications,"

AT"T

has

stated

its

policy

of

"full

commitment

to

privacy policy
into

in

few

recent

examples

of

abuses

call

the

question. Report
Convention of

The

AT"T

Management
1973

August

9,

1973,

apparently

responding Technology:
the Bell

to

the

June

CWA

resolution,

"The

Abuse

of

Freedom's

Enemy, policy operations.

Corruption's
and

Ally,"

recited

what

has

been

System

on

wiretaps
Attached

the

degree
section

of

cooperation
is of

with

law

ment enforce-

in

this

copy

the

Bell

System

policy
identical

statement.

Those

of

the

other

Bell

units

are

virtually
do

to

the

AT"T

statement.

The

statements

proclaim:
trucks,

"Nor

they

(i.e..

Bell

System
uniforms,

companies)
employee

furnish

telephone
cards

company

tools,

equipment,
enforcement

identification

or

training

to

law

agents."
that Bell

If

System

policy
be

statement

means

what

it

purports
incidents

to

say,

then

the

Bell

System July
1973,

should

asked

to

explain
with

several

1.

In

two

FBI

agents

briefcase

full

of

electronic

equipment
in

were

found

in

the

telephone
The wireroom

wireroom

of

the

Federal

Courthouse

Gainesville,

Florida.

was

adjacent

to

the

room

being

used

at

that

time

by

the

lawyers
time.

defending

seven

anti-war

Vietnam

veterans

who

were

on

trial

at

that

The

FBI

agents

explained

that

they

were

checking
Jacksonville

out

FBI

telephone
office,

lines.

The

FBI

agents
Gainesville.

were

assigned
Southern

to

the

field

60

miles

from

Bell

Telephone
2.

"

Telegraph
Bell

Company System
Bell,
assisted

serves

the

Gainesville

area.

former

employee,
in the

who

went

to

the

White

House

staff

after

23

years

with

bugging
incident

of

the

telephone

of

columnist

Joseph

Kraft.

The

facts

of

this

came

to

light

June

26,

50

1973,

in

the

testimony

of

ex-White

House

Counsel

John

W.

Dean

III,

in

the

Watergate

hearings.

C"P

Telephone

Company

said

its

policy

bars

release

of

cable

pair

numbers

except

on

court

order

or

written

request

citing

"national

security"

considerations

and

signed

either

by

the

Attorney
John S.

General

or

FBI

Director.

The

former

Bell

System

employee,

Davies,

was

reported

to

have

worked

on

three

Nixon

political

campaigns.

3.

In

early

1970,

C"P

management

installed

wiretap

on

the

telephone

lines

of

an

employee

of

the

Federal

Communications

Commission

who

was

suspected

of

leaking

FCC

agenda

items

to

trade

lawyer.

(For

details,

see

separate

section,

"Monitoring

of

FCC

Employees.")

********

The

FBI

should

be

asked

to

provide

full

information

on

the

following

incident:

In

April

1969,

an

FBI

agent

with

radio

transmitter

in

hand

was

discovered

eavesdropping
defendants

on

lawyer-client

conference

involving

eight

indicted

for

conspiracy

to

riot

at

the

1968

Democratic

National

Convention

in

Chicago.

The

FBI

attempted

to

explain

that

the

radio

set

was

merely

for

keeping

the

agent

in

touch

with

his

office.

(The

incident

described

above

was

the

subject

of

New

York

Times

story

on

April

11,

1969.)
*

The

New

York

Times

of

December

26,

1973,

notes

the

existence

of

confidential

FBI

report

that

appeared

to

contradict

the

testimony

of

onetime

Acting

FBI

Director

L.

Patrick

Gray

III,

who

was

forced

to

resign

in

ignominy

in

the

Watergate

scandal.

The

Times

secured

copy

51

of

the

confidential

report,

which

points

out

that

Gray

had

information

available

to

him

on

the

existence

of

about

20

so-called

"national

security"

wiretaps

ordered

by

President

Nixon

on

various

newsmen

and

administration

officials.

Gray

testified

under

oath

he

knew

of

no

such

taps.

The

Moorhead

Subcommittee

should

acquire

copy

of

the

FBI

report,

subject

of

the

by-lined

story

of

John

M.

Crewdson,

and

call

Gray

in

for

testimony

on

the

subject.

52
[The FBI

Washington
Men Found

Post,
in

Aug.

1, 1973]

Wireroom Post
one

(By Timothy
Gainesville,
full
room

Robinson,

Wasliington
FBI

Staff Writer)
of whom

of

electronic
of the to Vietnam riot of

Fla., Jnly 31." Two eqnipment, were

courthouse and veterans at the the
one

agents,

carried
in
a

briefcase

discovered

this

afternoon

federal

here

antiwar
Members

adjacent to the are supporter who

Convention the two

telephone wireoffices of lawyers for seven trial on spiracy on charges of conlast

men summer. a

Republican
staff

National discovered

defense

grating
U.y.
room

the phone room. connecting their office and They District ordered E. Arnow, V.H. marshal who a Judge Winston and immediate called an extraordinary hearing in his chambers two

through immediately

knee-high
contacted
to

the open to discuss

the

incident. The

agents,
told

one

of

whom

admitted
were

to in he
"no

having
room

worked

on

the FBI

VVAW

spiracy con-

case, lines. One of the

the

judge

they

the

checking
the
on on

out

telephone
with The
a

agents, Carl
to make said them indicated
sure

Ekblad.
there FBI
was

said
were

was

doing paper"
"

checking
the which

phone tele-

handset Robert nund)ers the

connections"
the
were

lines.

Romans,
"

he the

"just holding
main

several

other, phone

among

local be

number

written.

said telephone equipment, receiver, eaiiihones and other tools and said be was with not familiar the equipment ecpiipment. Romans Ekblad what from the Jacksonor of the agents are ville Both was doing in the room. field office,about 60 miles from said he bad here, and Romans investigated VVAW members in the past. FBI office is on the same The in this Gainesville floor as the telephone wireroom three-story courthouse. details the FBI Any on attempts by defense attorneys to get further agents' said activities in the room the defense who were attorneys stopped by Arnow, 'mountains out of molehills." to be making appeared refused He discovered the to impound to seal where the men room were or of the equipment, took no action concerning and the FBI any agents. After 45-minute fendants, a bearing in Iiis chambers, interrupted once as lawyers, demarshals and the press went down the hall to inspect the wireroom, Arnow refused motion electronic for a full evidentiary hearing, at which a defense the equipment. However, testify about experts could attorneys for the defense, who the limited are talking about by a "gag rule." imposed l)y the judge, from to hold such they would renew attempts a hearing Wednesday. case, indicated of the prosecutors Justice Department in the Schneider, one attorney Robert objected to any further, detailed the purpose (piestioning of the agents about case, of their Arnow told the, agents not several and times to being in the wireroom, before made .said the Schneider answer objections. Schneider questions even been in his office earlier in the day to make his lines were not sure agents had in the wireroom. bugged, Imt said be did not know specificallywhy they were FBI would Schneider whether normal it was to have not its procedure say phone lines checked for taps.
who

Ekblad,

briefcase

contained

two

about was knowledgeable amplifiers, a transmitter,

"I The VVAW The Nixon claim the

realize

it doesn't
was

look made

good," Schneider
at 6 :15 p.m., about

said. 30

"I don't minutes

want

to talk first

about

it."

discovery
veterans

after the

day of the
up

to questioning prospective jurors. trial, devoted the that claim charges were against them administration in an attempt to justify the Watergate that FBI informants but while
on

trumped

break-in.

were

the

convention,
rule

those

suggestions
to go

were

who only persons rejected. into details and the

as

suggested
fear of

by the They also violence during

Prosecutors,
gag

reluctant

imposed
to weapons"

lawyers,
their of them

defendants
that
as

strong
assorted at the

case

prove
some

charge

bizarre been

violating the broad a they have with themselves vets were arming violence wrist slingshots" to cause
for

witnesses,

contend

GOP

conventioiL

Strong
trial. More

security procedures
than r)00 VVAW here

have

supporters

placed in effect at the courthouse expected to participate in are

for
a

the

stration demon-

Saturday.

54
Denying
to discredit Justice The
on

the

charges, the defendants

antiwar groups. James i^enate

contend

that
an

the

indictment

their radical
"

activities and

part of

attack

by the

is an attempt of Department

W. McCord Jr., convicted Watergate tor, conspiraCommittee that lie had been briefed Watergate Internal and that he cited the by the Justice Department's Security Division in saying that fears of violence had indictment the bugging of the prompted Democratic national have to link the the with headquarters case attempted scandal. Watergate Arnow has shown scant such in pretrial Judge patience with arguments sessions and has repeatedly said that he does not regard this as a "political trial." In a pretrial session last month, he ruled out 30 defense questions directed at former John X. Mitchell Attorney General seeking such political links. The indictment is one of a series of conspiracy ca.ses brouglit against radical the Criminal by the Internal Security Division groups recently placed under Division of its Special Litigations I.. Section. primarily by the chief Guy defense

noting that

testified

l)efore the

"

"

"

Goodwin. Over the

last few about has traveled the country directing years. Mr. Goodwin His indictments include tlie Bergrand jury investigations of radical groups. in which Catholic Roman activists with rigan case charged were plotting to adviser, and a series of indictments kidnap Henry A. Kissinger, the Presidential against alleged Weathermen. As in Ills past cases, Mr. Goodwin will not be trying the case in the courtroom. The Carrouth, the senior assistant United prosecution is being handled by Jack District of Florida, aided States Attorney for the Xorthern by Rol"ert Sclineider, from who has worked under Mr. a Goodwin Washington prosecutor sent down
"

on

racial The

ca.ses.

However,
antiwar Scott

Mr.
group

Goodwin members
"

is liere.

all combat of them orated decmost veterans, Alton W. Camil. C. Foss, John P. Mahoney, Kniffin. Peter William J. Patterson. Donald P. Perdue and is Jr., who Stanley K. Michelson of the alleged conspiracy but not charged with knowing telling the authorities. The John K. Briggs. is cliai-ged with eighth defendant, ordering 60 wrist rocket
seven
"

are

slingshots from
At I'ead the of
a

the

store

at which cluster of in

he

worked. where
a

rain-drenched the Vietnam of

tents

they
news

are

camped, Judge

the this

other afternoon order.

bers mem-

veterans

group

held

conference of

to

statement

support

apparent

defiance

Anrow's

"SERIOtJS "The trial of the

jeopardy"

the extremes ment the GovernEight clearly shows its policies," the statement said. against legal dissent "This order continues a by Judge Arnow precedent that is putting the basic human rights of the people of this country in extremely serious jeopardy." In pretrial motions this morning. directed the Government to Judge Arnow turn evidence. He overruled defense motion over a exculpatory objecting any to a mass Morton Stavis, a lawyer, questioning of the prospective jurors from Richard who to have Christie, a Columbia attempted University social p.sybe ineffective in discovering possible chology professor, testify that this would the jury selection began, with the judge conducting the prejudice. This afternoon questioning. As 8 o'clock this Mr. the courtroom they entered morning, shortly before metal detectors had Camil, Mr. Kniffin and Mr. Foss triggered the electronic and will
go

Gainesville

to

smash

to

remove

their detectors

belts had wounds.

and been

shoes. set off

The their

by

shrapnel

remaining

in

their

bodies

from

Vietnam

[The Lawyers Say F.B.I.

New

York

Times,

Apr. 11, 1969]

on

Eavesdropped

Riot

Suspects

in

Chicago

(By
The
on a

Sidney
was

E.

Zion)
accused

Federal conference National

Bureau in the

of under

Investigation
States indictment in

United

Courthouse for

in

yesterday Chicago
to

of

between
a

eavesdropping lawyers
cratic Demo-

and

eight defendants

conspiracy

incite

riot at the

Convention

August.

55
The made B. Lefconrt charges were and Leonard by Gerald I. Weinglass. of the defendants. Mr. attorneys for some Lefconrt said in an interview that he had "caught" an F.B.I, agent, David Hill, trying to "get away" from the conference
room

with but

transmitter

in his hand. that had Mr. he had

Mr.

Hill

denied conceded

yesterday
that he

eavesdropped
ontside the loth

on

the floor

lawyer-client
office with that
a

ference con-

been Hill

radio to let

transmitter. "1 had

my
no

tap equipment."
where he and the Mr. said could make

.said. "It were."

comment

was

.iusta radio
on

I used

ofl5ce know
Mr. Mr. Hill Lefconrt

demonstrators
no

further

the

incident.

Federal
a

"cease The

said that a motion would Weinglass be filed in Chicago Court today charging the F.B.I, with eavesdropping and that demanding and desist"' order be issued against "all further bugging, wiretapping and

surveillance." that they would lawyer.s added ask United States Foran Attorney Thomas charges "against any and all F.B.I, agents involved." said he did not consider the charges to be serious. "The agent had no eavesdropping equii)ment," he said in a telephone interview yesterday. "The agent was charged l)y his superiors with following the defendants wherever in the building. He had they went device to our a recording oflSce. It was a regular transmitter radio with mike and a hand nothing m"n-e." Mr. Foran said that there "demonstrators all over the building" and were thus F.B.I, agents were "checking on their whereabouts." to press criminal Mr. Foran But
LAWYER DISPUTES REPORT

Mr.
other "I
no

Foran

said
to turn

he

had

called about the In

saw

Mr. the

lawyers
offered

complained
over

Hill into incident.

to

his

oflice when
I showed B.
"

Mr. them

Lefconrt
that

and it liad

equipment
fact, when
it he said

them

and

'Oh, forget it.' But Mr. Kunstler denied this yesterday. "I never said anything like that," the "In of the conference fact. I was out when lawyer asserted. the coming room whole and I never thing happened saw anybody look as guilty as that agent when he was the corridor corner.'" trying to duck around said that he and Mr. Kunstler all the other lawyers for the eight defendants were to be filed today. joining in the motion Mr. Weinglass challenged the assertion that the equipment was merely a device to report on the whereabouts of the defendants. He said that agents with walkietalkies "all over the place, following us all day"' but that Mr. were Hill's device "much different was than all the others saw." bigger and much we to Mr. and Mr. the lawyers and According Kunstler, Lefconrt, Mr. Weinglass clients were in a conference 100 feet from States the United room some Attorney"s ofiice discussing travel restrictions the defendants ment, on proposed by the Governas

devices. eavesdropping attorney for the defense]

Kunstler

[William

Kunstler, another

well al)out
one

as

other 20 the

defense

matters. the

broke and Tom lawyers said, the meeting up out the door followed defendants, walked by Mr. Lefconrt and Mr. When Kunstler. him for his name and they spotted Mr. Hill they asked to give it. Another he allegedly refused ^".15.1. agent then appeared and reportedly told Mr. Hill that he did not have to say anything. The into Mr. Foran"s office and described the incident, with lawyers then went Mr. Lefconrt the room. shouting angrily that tlie F.B.I, had on eavesdropped Mr. Lefconrt States said that the United Attorney appeared surprised at the that incident and Mr. Hill later came into the oflfice and explained that he had not been eavesdropping. "I called him Lefconrt said, "and a liar to his face," Mr. I say it again." The defendants, who also charged with order disare crossing state lines to foment to otherwise violate or the Civil Rights Act of 19(18. will also join in the motion defendants Rennard C. (Rennie) today. The Davis. are Bobby G. Seale.

After

minutes,

Hayden,

of

John

R. H.

Froines,

Lee

Weiner,

David

T.

Dellinuer.

Havden.

Jerrv

C.

Rubin

ami

Abbott

(Abbie)

Hoffman.

Travel

Restrictions Government
the

Lifted reversed its

CHICAGO, April 10 (I^PI) The agreed to lift travel restrictions on

"

position today

and

eight defendants.

56
"United
It allows

States District the defendants

Puerto Rico

Juds-e Jnliiis J. Hoffman

to
on

travel

within

States States

and

condition

signed the Government of the limits continental to the itineraries their they report
the

order. Ignited United

Attorney.
York Times, Dec.

[From Report
by

the

New

26, 1973]
on

F.B.I. Disputes

Gray

Wiretaps

(By

John

M.

Crewdson)

F.B.I, report apparently contradicts 25" A confidential Dec. WASHINGTON, of knowledge no that he had March last 3d L. Patrick of Gray testimony ordered on had Nixon President that security" wiretaps nearly 20 "national
the
newsmen

and

officials of his Administration.

the

Mr. Gray told Following the first published report of the wiretap effort, nomination his on hearings which holding was Senate Judiciary Committee, made of Investigation, that he had Bureau of the Federal Director become

to
an

inquirv and
However,

Times,
advised

operation. London, Conn., left at Mr. Gray's law offices in New A recent telephone message in Stonington, Conn., him today at his home and efforts to reach unanswered went
were

business." such record of any F.B.I, confidential report, obtained by The copv bureau's acting director, while the Mr. that Gray, indicates surveillance of his testimony of the by-then defunct in advance
found "no of
a

the

New had

York been

unsuccessful.
QtJESTION
BY

KENNEDY

of the wiretaps, existence 1971, involved at least four newsmen The in

which,
and

between 13

May

6. 1969,

and

February,

in Time magazine on Feb. support of his nomination. Edward Three days later, Senator

Government 26, 1973, shortly before

M.

first reported was officials, ing Mr. Gray began testify-

committee's
which Mr. both

nine

Democrats, House

asked
and

the White

of the of Massachusetts, one Kennedy acting F.B.I, head to respond to the report, had rejected as without the Justice Department the lance the F.B.I.'s wiretap surveilexamined he had adding that "Mr. Hoover of any such program, Mr. and director Gray's predecessor] is not

Gray
records

replied under
and found
no

oath

that

evidence

the late F.B.I, [J. Edgar Hoover, going to do something like this in the first place."
NIXON approved

WIRETAPS

President
as

Nixon of
an

later

acknowledged,
leaks

however, the

that effort

he to

had Mr.

approved
to the press

the and

taps wirehad

part given joint Kissinger, then

State, and
Mr. existence John

effort to halt responsibility for the N. President's

of classified national

information

coordinating
adviser
on

Hoover,
now

security and

A. Henry Secretary of

Mitchell, then the Attorney

files to support the that he had found Gray's assertions of the wiretaps was apparently technically correct. As the F.B.I, report before House .sent to the White the wiretaps were on the matter relates, records on internecine struggle between of an the result the bureau, Mr. Gray took over Mr. D.
was

General. nothing in the F.B.I,

Hoover the

and

one

of his assistants. after

to
an

But

report, compiled
the with
a

internal the

inquiry ordered

last

May

Ruckelshaus.

next
memo

take
on

over

F.B.I.'s top post, shows

that

by William Mr. Gray

related

article appeared, that 26, the day the Time disappearance of the wiretap records. stances before that date of the circumadvised The report also notes that Mr. Gray was tions which included authorizaof the records, the disappearance surrounding and logs of the overheard for the wiretaps and summaries conversations.^ the White from by :Mr. Ruckelshaus The records eventually recovered were

provided
the

Feb.

known

details

of the

House

office of John
on

D.

Ehrlichman,

al)out

two

weeks

after

Mr.

Ehrlichman

signed re-

adviser. Nixon's chief domestic April .30 as President able been had by :Mr. Hoover According to the F.B.I, report, an inquiry ordered of the missing of the surveillance operation in the absence much to reconstruct whose telephones had been 16 of the 17 individuals on records, including data tapped. to Mr. also available the bureau's report, was This information, judging from before his Gray testimony.

57
At the
one

matter,

recalled Mr. Gray's earlier denials of knowledge of point, Mr. Kennedy said that you had basis for believing that the Time no asking, "You
any

story had

basis

in fact ; is that
STANDS

correct?"
BT TESTIMONY

"That and that Asked

is correct, sir," Mr. Gray I'eplied. "I said I personally checked the record, has been is my consistently. That testimony today." njy testimony whetlier after learning of the Time Mr. account, Gray had felt that he

House about White this," he replied, "The "ought to talk to anybody at the White House is No, Senator." has already issued a denial. The answer that Richard G. Kleindienst, noted During his interrogation. Senator Kennedy Mitchell's had declared that neither he nor Mr. successor as Attorney-General, of newsmen. Mr. Mitchell had authorized White House any electronic surveillance officials or others "as reported by Time." to his assertion Did Mr. Gray, the Senator asked, attach the same qualification that he had no reason to believe the report had any basis in fact? "I don't draw kind of qualification that at all.Senator," or implication from any he

replied.
"I don't
"

what that we are tapping our really know talking about you are telephones, is that really the thrust of this qiiestion? "That attention. I am to mv trying to imagine how come practice has never do it."
GAVE UP

own

vou

POSITION

the F.B.I.'s acting head On April 27, Mr. Gray stepped down as following new's taken from the White House safe reports that he had destroyed certain materials of E. Howard Hunt convicted Jr.,one of the seven conspirators. Watergate The Mr. Nixon submarine a.sked to baldish, 57-year-old former captain had withdraw his nomination from consideration month the committee's a earlier, after Mr.
some

it had

become told the

clear

that

he could

not

be confirmed.

Gray
of he not In

which

committee that he had destroyed the Hunt Watergate papers, criminal been material evidence in the Watergate might have oflicials that in telling Justice Department of the and in telling a member burning them after receiving he had immediately destroyed the papers kept them intact for months. lied both

investigation.
But.
he had them.

conceded, he had
read the committee that

files l)efore

Watergate

reality,he had

[The

Washington Aims

Post, Mar.
of

5, 1974] Hit Post

by

Communication

FBI

GAO

(By
The Federal

Susanna

McBee,

Washington

Staff

Writer)

of the day-to-tlay wants to take control the country, the General across police departments reported. how state and local police are using the bureau does not really know Moreover, from its own the computerized supplies them criminal-history data that it now Crime Information Center (NCIC) interchange system at the National message here, the GAO says. assuming These to raise the specter of the FBI's a bigseem findings, which contained in a report brother of police information, role in handling all kinds are Jr. Elmer B. Staats Ervin sent General to Sen. Sam last Friday l)y Comptroller declined comment. (D-NC). The FBI of the Senate mittee Sen. Ervin's Constitutional Judiciary ComRights Subcommittee mittee will begin a two-week the issue today. Tlie subcomseries of hearings on the congressional investigative had arm. on GAO. sought a report form Bureau

of Investigation

exchange of messages Accounting Office has

among

Feb.

21. in the issue

are

police communications systems. is Teletyiie System, which set up as a nonprofit corporation to handle run was by the states. In 1966 NLETS and administrative records, such cliecks of driver as prisoner transfer messages, local iioliceagencies. between state and all-points Imlletins west found in norththe body of a young For instance, in January, when woman was tags, queried VerWashington, policediscovered a nearby car with Vermont
Involved two

separate
Law

One

is called

NLETS,

National

Enforcement

58
mont state

police

over

the

NLETS
Pan

system

and

identification

of the

woman,

American

within World

sev^n

minutes ticket

had

Airways

a positive Baragent bara

L. Meyersburg.
communications FBI's NCIC, which began operating in 1967 as a telelocal i"olice for the and state and linking the FBI stolen and property. wanted of information on exchange persons inal has also been receiving and disseminating comimterized crim"Since 1971 NOIC the network records million of 4.8 the make 450,000 now histories, which up histories criminal 8 million to contain holds. In 10 years the bureau expects NCIC The other

system

is the

networli

among A does

21.7 million

records. between records NLETS and

major
not

difference

NCIC

is that in
a

the data

maintain
of the

of its communications

state-operated system bank, and the FBI's

system

does.

Because

for its misuse, the and members some that end.

Last Elliot L.

storage and the potential proliferation of criminal information has passed legislation to regulate its use Justice Department bills to of Congress, including Sen. Er\an, have introduced
Director for

then Attorney General NCIC's budget to upgrade ley report. Kelaccording to the GAO message-switching capability. In that memo, has the legal authority that the bureau concurrence asked for Richardson's to the state systems. Jurisdiction to expand NCIC said it was arguable Office of Legal Counsel On Aug. 6 the department's his request such whether authority exists. On Jan. 15 of this year Kelley renewed that NCIC and contended operation B. Saxbe William to Attorney General the taxpayers save unit for the states would of the central message-switching

July 11, FBI

Richardson

Clarence
in

M.

Kelley asked
1975

funds

the

fiscal

money.

On the

Feb. Justice

the

Law

Enforcement

Assistance

Administration,

Division

of

their criminalcities in improving aids states and which Department proposal. The Saxbe a memo strongly opposing the FBI justice systems, wrote LEAA argued that states and localities are fully capable of handling their own should itself not concern as police agency, systems and that the FBI. message units. correctional and such courts as witli other NLETS. agencies that use funded state-run the LEAA a The LEAA-FBI fight goes back to 1969, when is now the computerized project with $4 million to develop the prototype of what here the central LEAA The wanted computer criminal-histoi-y part of NCIC. state files, on offenders, and it to contain data, not complete only summary and the states. wanted to set up a policy board consisting of the FBI. the LEAA had and Budget agreed GAO The report said that the Office of Management General letter to then-Attorney 1970 with the LEAA position in a September recommendations to on John But Mitchell N. Mitchell. never passed the OMB FBI to let the that December the LEAA, and he decided either the FBI or said. criminal of the computerized histories, the GAO take control formation how is not criminal-history into indicate "Data available computerized has been used," Staats said in his covering letter to Ervin. LEAA and of NCIC an the upgrading He also noted that with by the FBI the two system for NLETS, tems sysplan to build a satellite telecommunications "could expenditure of federal funds." result in duplication and unnecessary raised the issues ulate by the legislation to regAccording to a well-placed source, all the FBI's hid for preeminence over information and of criminal use criminal Who information will
are

these

control federal, regulate and intelligence and statistics? what If NLETS is merged into NCIC, what states kinds Should

state kinds

and of

local

criminal

information,
will be in

information it?

it,

of records will receive will be kept and who dominant role in operating have the P^BI a of criminal-information and

key portions operations of police, courts

and regulating for the systems, including data on the routine corrections agencies?

APPENDIX
From

F National Press

Speech

of

Robert

D.

A.T. " T. Before Lilley, Presioext. Club, January 30, 1974 of the record will substantiate

Even

cursory

examination

that,

over

the years,

the

Bell
"

privacy

System has urged, and argued for, strict protection of its customers' and argued against invasion of that privacy.

59
It would discuss I know each under other than take and far
more

time
concern

than

we

have

available So

to

us

on

this

occasion to and
one

to that

every

aspect of the
to the
our we

problem.

I'll confine

myself

is of immediate which the

disclose

press ; namely, the toll (long-distance)

conditions

stances circumto one any-

"toll because (I say the only ones that provide specific information and those are where to when as directed. ) it was a call was placed and whence Our to an or policy has been to provide that information only to the customer other or lawful appropriate law enforcement governmental acting under agency customer process. The
or

concerned.

billing records records" simply

i-ecords other

said what do not reflect who in the to whom communication. don't know They couldn't. We the

course

of

versation con-

show
number

of the date the originating phone number, called, the time, the duration, and the cost. release of such
an

call, the

They do city and phone subpena

a or.

that.

Our
some

information

has

been

instances,when

for

and courts approved by the FGC. expressed the concern, however, that the constraints such disclosures ought to be tightened even further. on with We When the for that are concern. reporters' committee sympathetic asked of the press the freedom us recently to provide information concerning of its members' the release to lawful authorities, we billing records immediately Tliat been sustained press in the of the have undertook As such of instances available records showed only six or seven past 5 years. six or seven But too many. are as we pointed out to Maybe just that many the reporters' committee, have no we authority in the telephone companies by which the legal process is being abused can by governmental we judge whether of members of the press ^or anyone agencies in obtaining the billing records
our

example) has policy has Representatives

apprv^priate, lawful requested it in writing.

made only under authority (such as

in

chief

of

police,

to do so. it turned out. disclosure over

the

"

else. Given the

we our

interest,
records
We
are

proi"er would

assurances

that
not to

we

would

not

be

prefer

reveal

anything

to

acting contrary to the public about the billing anybody

of

customers.

again. We are looking for ways, currently studying our procedures once the privacy of our within the law, to tighten up, if possible, and further enhance time be construed which will not at the same customers. We hope we can find ways obstruction of justice. as an to be decided It may be that this issue will have eventually by the Congress. is going to be on the side of privacy, wherethat the Bell System But I assure you
ever

and

whenever I'm

the

issue

is considered. you.

Now

ready for your

questions.Thank

APPENDIX
[From
the

G
Post, Nov. Incorrectly

Washington
Phones

18, 1970] Wired

6 Governors'

(By Lawrence
The American

Meyer)

that civil defense has found Company that conversations so incorrectly wired in the offices could tapped only if the lines were said yesterday. nearbv. a company spokesman Marvin Gov. The after Maryland phone survey, begun Tuesday by AT"T Mandel revealed could his phone that serve as listening device, uncovered a vania. Pennsylin the "hot line" phones in five other states Delaware, wiring errors

Telephone
oflSces

and

Telegraph

telepliones in the

of

six

were governors but be monitored,

"

Illinois, Utah
In ,3S other that would

and

Arkansas.

conditions or states, a company said, "no wiring errors spokesman found." permit eavesdropping of any kind were Where The remain states to be examined. wiring errors phones in five more have said. been "is or will be corrected." the spokesman found, the mistake routine check to Mandel, a According a private electronics expert making of his office discovered warning that the civil defense phone part of the national affiliates was system installed by AT"T capable of picking up and transmitting conversations office while in Mandel's the phone was cradled. The phone could
" "

60
not
have

amplify
had

the

conversations,
the line.

however,

and

any

potential eavesdropper
wired from be but

would but the

to tap heen said improperly that the phone had telephone company would inside the statehouse that prevent transmissions a safeguard cradled phone going any further. Mandel's electronics Boyle, said that it would expert, Edward The
.

"very
that it he

difficult" to
could "It would be done. would have said

monitor take the

conversations

from

outside

the

statehouse, said.

Boyle
The

almost a laboratory to do out of his office. phone moved the wiring error was he thought be that

it," Boyle

Mandel

said
if it

unintentional

because

were

deliberate,
those in

"it wouldn't the

obvious."

1,600 telephones including warning system is made up of about The in statehouses. mansions or governors' offices in executive point." governors' phones duplicate those operated by the "state warning American These to three transmission points of the North phones are connected ground underCommand Colo., in a two-story Air Defense Mountain, : At Cheyenne location "outside at a classified Tex., and ton." Washingbuilding in Denton, costs about $1 million to the Office of Civil Defense, the system According and operation. annually for maintenance at least The circuit devices designed to insure special, four-wire phones are said last night A spokesman for AT"T transmission in an one-way emergency. household normal that could be duplicated the wiring error not in any on way official said Another are telephones, which differently constructed. company of the is preparing a complete for the the phone error explanation company public. his phone Delaware Peterson that was Gov. Russell W. learned capable of the Maryland called him about after Mandel eavesdropping phone. Gov. checked had his phone earlier in the P. Shafer Pennsylvania Raymond week and that it had announced problem. A spokesman no by the phone company checked for Shafer said yesterday since and that Shafer's not been phone had that he was of any wiring defect. unaware could not be reached for comment. Arkansas Gov. Winthrop Rockefeller
national

[From Mandel's

the

Washington
Line" Richard

Post, Nov.

17, 1970] He Belie\'es

"Hot

Bugged,
M.

(By
Maryland
executive about Sources his

Cohen)
that
a

Gov. 30
close

Marvin

Mandel

is convinced federal could function

"hot and

line" similar

telephone
to those

in his vided pro-

office,supplied
other said to the

by

the

government
as an

governors,

electronic he does
a

eavesdropping,
know whether
or was

device, his aides

yesterday.
governor

said, however,
so

that

not

inadvertently wired phone was deliberately planted for that purpose.

A similar

that

it served

as

listening device,

Russell
in

Peterson

Existence

found in the office of Gov. last night, was learned situation, it was of Delaware. columnist ,Tack Anderson of the devices is reported by syndicated Anderson
even

Post and other today's Washington papers. conversations phone in INIandel's office transmit Anderson liave the CIA 30 that estimated "an says been rigged for eavesdropping." He

reports that
while it
was

he

heard up.

the

hung
similar
was

other

governors

have
say

that for

does

not

who

phones responsible

think be the FBI. Others it must alleged rigging, but reports that "some is the most likely culprit." of communications, last night G. Klein, President Nixon's director Herbert called the charge "ridicidous." last night said few Post A reached they had Washington by The governors had of their iihones after charges, made learning of Anderson's special checks it. but had found said nothing about no problems. Others they knew discovered when learned last night, was The device on Peterson's lihone, it was INIandel dispatched an electronics expert to Delaware. been wired to have so Peterson's said, proved sources phone, like Mandel's, Peterthat even when it was to transmit a signal. Neither hung up it continued .say the

62
UNORTHODOX WIRING

4
said that out of 38
pany telephones the comGovernor Mandel's,

company checlved

spokesman
in

in

Washington
across

statehouses

the

"

those of the gover[five] were improperly wired. The other nors of Delaware, Pennsylvania, Utah and Illinois. The the unorthodox blamed wiring on the failure of those spokesman company who installed the phones "to properly follow wiring instructions." telephones to check, for they are Telephone experts still have 10 Civil Defense of every state and connections looking into the Civil Defense except Alaska is located the apparatus inside or outside of a Hawaii, regardless of whether governor's oflBce.
MANDEL TRIGGERED PROBE

country including four telephones are

The of the Mandel

as a

nationwide
national discovered

investigation
Civil that Defense the

launched under orders was by the company in the after Governor headquarters Pentagon the appai*atus to act wiling in the phone caused which could be

permanent
House. Governor

transmitter

monitored

from

within

or

outside

the the

State

The

receiver
go
no

Ho\vever,
could

discovered the and wiring said a private investigator who it was the hook. when on transmitting even otficials kept insisting that the transmissions telephone company
was

further

than

locked
WIRING

terminal

box

in

the

basement

of

the

State

House,
CORRECTED

The

Governors' Governor
State
me

telephone company telephones had

Mandel
room

spokesman
been State corrected to
move

said the "Where

that hot

the line
someone

improper
out
can

wiring
his

in

the

five
the

yesterday.
of

intends in the

office into

Police

House

immediately

contact

if it

rings."

[From
the

the

Washington

Post,

Nov.

17, 1970]

washington

merry-go-round

Most

of

Governors'

Offices

Bugged

(By Jack
The at most confidential

Anderson)
of the

conversations
emergency that

nation's

any
It has

point

along

an

offices with

Civil Defense been

will

telephone headquarters.
the into

system

can governors links that

be overheard their

private

just been

discovered

offices have
each the receiver

transformed

pick up
to

red emergency telephones in most governors' in secret microphone listening devices. The the conversations in the when room phone is on

ho()k. I personally simple wiretap

Marvin An

listened The 30 These

conversation
up in
was

that the

tools, easily picked

conversation

electronics an expert, using Governor office of Maryland's

Mandel.
under the estimated

transmitted

through

the

emergency

phone tele-

governor's desk.
that have similar phones governors insidious into a phones connect instant communications been have rigged for enables hotline, which governors in
a

eavesdropping.
Civil Defense
crisis. The

to have

with

the

national

"The as Special Service Line hotline, referred to in classified documents It is diflScult, fore, thereto be strictly hush-hush. Civil Defense," is supposed to get any officialinformation. has established the following From but reliable sources, this column unofficial, facts : for
HOT LINE tapped

The network links The in the

emergency whose most receivers

phones
main who

were

installed
is be called

about in
case

15 of

years
an

ago

terminal
can

located in

Colorado

as part of a secret network Springs. The

governors
were

emergency.

that they can wired in such a way pick up everything said take." mis"innocent oflScials insist the wiring was an governors' offices. Some But electronics experts say flatly there no was possibilityof a mistake.

63
They
say

the

phones

must

have

been

deliberately rigged

to

eavesdrop

on

the

governors.

iSecreey is used to cover responsible for transforming up the identity of those hidden mikes. Some into officials say the phones governors' phones were wired Others Telephone and Telegraph Company. by the American ging say the rigdone AT " T would make was no by the federal government. comment, would have from to come the customers. except to say all information Even think more be it must mysterious is the identity of the listeners. Some Others the FBI. is the most likely culprit. say the CIA Mandel Governor the first to discover his emergency was phone was bugged. He to know demanded who was angrily summoned telephone officials and of his protests and responsible. This column got wind questioned him. He that an electronics confirmed the red phone under specialist had checked his desk and it was wired in the room. to pick up every sound found
the

AGNEW'S
said He governor's

OFFICE

BUGGED

his predecessor, Spiro Agnew, had in the discovered hidden mike a office before moving up to the vice presidency. As a result, Mandel and in. begin checking the office regularly for mikes wiretaps after he moved The red emergency phone had been ignored, he said, on the assumption that the secret hotline be secure. But last month, must electronics a new expert insisted demonstrated how the emergency checking it and as a phone functioned upon secret transmitter. he called the in the

other quiries. confidential inpeople and made that his special only acknowledged This phone was wired the same bugged but said all emergency phones were way. would all the governors the hotline mean had on bugged phones, they told him. Mandel could it. To to send satisfy him.self, he arranged hardly believe an electronics the emergency specialist to check phone of a neighboring governor. Mandel said the governor, whom he declined to identify, was also shocked to find how the phone all the conversations transmitted in the office. He said

Outraged,

telephone

telephone

officials not

EMERGENCY

RINGS

Meanwhile,
He said the been the

Mandel

ordered
never was

phone
used

had

rung

hadn't
He

since it

removed from his emergency microphone phone. and probably as during his 22 months governor installed. But the day after he removed the microphone, but office, there had his

the

phone rang. to be out happened

to this column

of

the that

confirmed emergency she didn't I asked whether

been

phone. Since only the governor pick up the phone. the governor's permission to tap into the hotline
I could overhear into what the went in
on

personal secretary, Grace Donald, six short, sharp rings on the is supposed the hotline, to answer
to test for Lt.

myself
Norval

inside

his

office. He

assigned

The electronics, to accompany me. microphone phone, and Cooper used common wiretap tools to plug into the nearby switchbox. Every word spoken in the office was governor's distinctly audible. By using a voice-activated recorder, the full conversation could easily have been taped.
a was

Cooper,

state

trooper trained

screwed

back

emergency hotline at a

[From

the

Washington Reply Jack

Post, Dec.
on

4, 1970]
Bugs

Columnist's

Phone

(By
I have the

Anderson)
editors

received

number

of

letters from

about

my

recent

column
able, favorPost's

about

governors'

editors may Richard Harwood.

response ".
.

most comments telephones. Although were be interested in the critical analysis of the Wa.shington Here the excerpts relating to the column, followed are

"bugged"

by

my

:
.

carried that

last Tuesday comic (Nov. 17) the Washington Post page by Jack Anderson under that read : 'Most of Governors' a headline Offices Bugged.' The column have 'hotline' phones reported that all governors
on a

Back

the

column

enable

them

and

federal

civil defense

authorities

to communicate

in

times

64
of national
may

crisis, that
be either

'most' the CIA

of
or

these the

phones
FBI. The

are

'bngg?d,' and
.seemed

that to be

the ba.sed

alleged
on

culprit

colunni

formation in-

Marvin Mandel of Maryland. supplied by Governor "It caused Baltimore of a stir in the newsrooms of The Po.st and The something Sun dence and led to lengthy stories, some of Uiem 1. As it turned out, no evion page to light that any included. came governor's plione was 'bugged,' ^landel's "On that evidence column made much that the Anderson one can only conclude of little or of out became the nothing, that it then subject of a great volume 'news,' that the implication that the federal on was eavesdropping government 'most American false, and that the newspapers governors' (or on any of them) was in this case ." constructed would than the facts at hand' a larger view support.
. .

ANDERSON'S

REJOINDER

Post. Washington of our critiques of the press, pointing out the errors ways, been have contrihiition to good journalism. a worthwhile said newsmen "He often into print half-cocked. rush He cited various examples, the governors' including my story about 'bugged' telephones. 'The column ernor seemed to be based,' he wrote, 'on information supplied by GovMarvin Mandel of Maryland.' The suggestion that I spoke only to Governor

Here

is my

"Richard

response Harwood's

to The

"

Mandel

"Harwood

is wrong. concluded
none

that, although

six

of

the

phones
errors.

apparently
I have

had

properly,' imgovernors' phones had been "wired been be right. He l)ugged. He may is to talk my to people before writing reporting of the telephone sensitive excellent the stories. sight, hind-

may

also ""The

be wrong.

best way
them. column of the
was

to avoid have if he

found,
with

aliout

I would in

been had

plensed
how

to di.scuss
mo.

story witli Harwood

"The Much

cared

to check

(luestion illustrates
which
me now

difficult

it is to break with later such who

information, from withheld

three

provides
.same

Harwood

by the

sources

made

tion informa-

weeks checking the story, I talked to three electronic experts Governor Mandel ea^"esdropping techniques. I called upon who, at my to listen for myself to conversations request, permitted me picked up by the emergency phone in his office. "The refused but declared all information telephone company comment, spokesman any familiar with would "'After
my

"'I

public. spent about

have

to

come

from the

the desks

customers.

of more 600 than editors, the telephone all over began the for exissuing statements country. In Delaware, ample, said Governor Peterson's Russell a spokesman had phone emergency been checked and had been found. This statement nothing amiss was tracted quietly reafter the company learned that Peterson's been checked phone had )\v found an had independent it was word expert who transmitting spoken every ^ in the governor's office. "Governor Mandel told me a advised telephone company representati\'e had liim that the emergency all wired phones in -iS governors' offices were identically. The White in response House, to my inquiries, said only 30 governors linked were l)y the emergency system. '"After my column hit the headlines, telephone officials apologized for refusing to comment earlier and invited to their offices for a 90-minute me briefing. Tliey that the conver.sations presented a persuasive case picked up by the mis-wired have phones couldn't beyond the state houses. gone "Yet an been independent could have expert still insists that the conversations on intercepted anywhere tlie network familiar ; also that enougli with the anyone turned the governors' phones technology to wire a telephone could not have into transmitters by mistake. "Meanwhile, the teleplione company conducted its own inspection of the governors' all respect, this was bit like the fox phones. With a emergency in.specting the chicken It is noteworthy, at least, that the only two coop. phones checked found to be mis-wired. The by outside in acexperts were telephone company, knowledging six governors that had mis-wired to a startphones, also confessed lingly high rate of error. is entitled "Of Harwood to accept the telephone course, company's version, be entitled to be suspicious." just as I should company

colunni

reached

65
[From New
the

Washington
"

Post, Sept. 24, 1971] Through Hung-Up Phone

Bug

All

Ears

Snoops

(By Ronald
A to at be
a

Kessler) permitting
disclosed
any home
or

breaktlirougli in electronic listening devices bngged and tapped without entering it was
conference of federal law enforcement and

office

by a wiretap expert security investigators here

"

yesterday.
be placed anywhere device can to be tapped on a line leading to the phone cable vaults, or in telephone company ing switchtelephone poles, in underground oflSces miles It picks up both in the telephone calls and conversations away. where the phone is installed, even when the receiver is on the hook. room This feature, said government bugging experts who were queried yesterday, woiild make it uni(iue. manufacturer who disclosed According to Clyde Wallace, a bugging equipment the development, is already being used the device by two federal investigative agencies. Wallace at a symposium described the device of the Association of Federal Hotel. Others the on Investigators at the Mayflower three-day agenda were officials of the Justice Federal Bureau of Investigation, Bureau of Department, Narcotics and Dangerous Drugs, and Treasury Department. for the FBI Central and Spokesmen Intelligence Agency declined yesterday to comment whether their agencies were the ones alluded on to by Wallace in his speech as using the device. The FBI has primary is responsibility for court-approved wiretapping, which is monitoring of room interception of telephone calls,and bugging, which sations converdevices. The CIA conducts extensive electronic through electronic veillance suroutside the U.S. but is not supposed to operate domestically luiless the is related directly to its foreign intelligence matter work. After his speech, Wallace dismay that a reporter expressed surprise and some had been present while he talked. Other "harmonica" devices, called infinity transmitters or bugs, can bug and wiring tap phones simultaneously, but they all I'equire physical entry to permit reof the phone or installation of a bug. Government liugging experts interviewed yesterday said no public mention had been made before of a device several that would not require entry, and expressed surprise at the development. The
on

However.
E.

Bernard Subcommittee

Fensterwald,
on

former

chief

counsel and

of former

Sen.

Edward held

Long's

Administrative

Practice

Procedure,

which

extensive

information .surveillance, said he has had government for some time from nonpublic disclosures investigation during the committee's that security agencies, such the CIA, use such device. as a Wallace earlier this year if any to determine was investigated by the FBI devices sold by the Spy Shop, which violate federal he owns, cording wiretap laws, acon

hearings

to FBI Wallace the said of FBI

sources.

he operates strictly within the confines of the law. The outcome investigation could not be learned yesterday. Asked about the propriety of an FBI official appearing on the same agenda with the target of an FBI said the FBI prol)e, an FBI representative apspokesman peared Other than that, he said, the bureau on a different day than did Wallace. would He declined device. not comment. to answer questions on the new any described it as the first method for simultaneously During the speech, however, Wallace without where it is installed tapping a phone and bugging the room the premises. tampering with the phone or even going near To the telephone on tap and bug a phone, he .said, the device is placed anywhere line running to it. It then emits radio a frequency, which trips a switch in the phone. This switch in the room from normally prevents conversations the telephone wire. When it is bypassed traveling over by the signal, the phone becomes and telephone conversations an microphone, transmitting both room open calls to the listener. to

Normally Wallace,
Last
year,

phone
who
a

calls he

can

be

made

while his

the
own

device version

is in of

operation, according
device.

said cut-off

is

developing
was

the

by an electronics expert to be bypassed the civil defense Gov. Marvin on Mandel. telephone in the ofiice,of Maryland office. from Mandel's the phone making capable of transmitting conversations The attributed the situation to a wiring error. telephone company
switch

found

66

APPENDIX

M-220

Remote

Observing

(REMOBS)

System

Telephone

companies

are

able

to

employ

observing

"REMOBS"

systems,

which

only

require

the

ordinary

push-button

telephone

instrument

for

access.

Two

major

types

of

this

instrument

are

on

the

market

able avail-

to

and

used

by

telephone

companies

and

various

other

kinds

of

nesses, busi-

such

as

hotels,

airlines,

department

stores,

and

credit

bureaus.

One

version

of

this

REMOBS

equipment

is

the

M-220

system,

made

by

Tel-Tone

Corporation

of

Kirkland,

Washington.

The

M-220

and

more

advance

M-240

system

are

ordinarly

advertised

in

Telephony
10,

magazine,
1973,
which

the

weekly

trade

journal.

The

ad

in

the

issue

of

September

is

attached,

indicates

that

Tel-Tone

specializes

in

making

equipment

adapted

to

the

"touch-tone"

switching

system.
comp"any

Early

in

197

2,

some

CWA

craftsmen

employed

in

Bell

System
A

in

the

midwest

discovered

the

existence

of

an

M-220

system.

Immediately

after, there-

according

to

the

report

of

the

CWA

field

staff,

the

M-220

was

removed.

The

technical

information

also

included

with

this

section

has

come

to

CWA

via

confidential

channels.

Another

form

of

remote

observing

is

with

the

Alston

Subscriber

Dial

Service

Measuring

System,

models

370/389,

manufactured

by

the

Alston

Division

of

Conrac

Corporation,

located

at

Duarte,

California.

The

Alston

system

is

capable

of

holding

sensitive

information

on

display
would

panel

and

preserving

it

in

tape

recorder.

The

information

include

calling

number,

called

number

(including

area

code)
,

duration

of

call

and

other

items.

The

sales

literature

also

notes

that

the

Alston

system

provides

tape

recording

of

the

conversation

if

desired.

67

What

is

especially

significant

about

the

Alston

system

is

that

it

effectively

negates

the

remarks

of

AT"T

President

Robert

D.

Lilley,
c

made

January

30,

197

4,

at

the

National

Press

Club

(p.

of

his

prepared

text)
.

Lilley

said

that

toll

records

are

the

only

ones

able

to

provide

specific

information

as

to

telephone

calls,

such

as

calling

and

called

number,

duration

of

call,

time

and

date.

The

information

on

the

Alston

system

shows

the

same

information

available,

on

both

local

and

toll

calls,

on

the

selected

telephone

lines.

68

"

V\"b

"king fcr YDIJ

thrG'.:r:h ccmvnunici^anc^

'"'

ToHQ
TEL-TONE

orianted/Ycne
CORPOPATION
clf-jrs
a

operated
line of Tone Pfoducfs otior

eqisspmant
appllcaliotis
llio for.lures

corripie'c T(;L-TO;JE"s 5.pace

Receiver YOU

v/ith
you

rnpid
need:

low All of anc; cost. dcllvcy Simplified installation, compact conversion. addition iine

^^aving uesign,

and high reliability,

complete constantly LINKS,

system
In "i

expanding
SINGLE

DIGIT

the mentioned belov/, products peripher?! equipment, including TONE and others. RECEIVERS, to of

TEL-TCNC DICTATION

offers

CONTROL

i 1.
.;.

REMOTE CBSERVniG

SERVICE SYSTEMS

TONETOFULSE CCNVERTERS

II-

fTM-220: audible
^"

DiiSigncJ
only
tion observaoi'ico.

for

M-352: standard

Receive, TOUCH !0:J""

to
t.

business

fc-

psir, dircclor/
M-2"0 Rernole used
to

ance assistThis
pandable ex-

signtils. stores up di^'il?and outputs.

or

16 10
a

at

aclivihes.

20

H.P.S-

I! "nclMdos and

M-052

sysK-m
Access jt;"orvc

oilers Can group the

ts

line

splitting Itiitu-c
'or soociil
as

through

the

telephone
activities

nelwork.

is designed such

applications
WATS.

and

lied'c-jtec
etc.

lines,

multiple
Dial to Line oiler

Liy trunk

Foreign Exchange
Allolter
lo

Tir-. lines, Tone

selerlioii. M-2'10: Loc^l nc'work

01iser\'ing
Remote

Syslein
Dial Lino diuits

uses

M-112:

system
shared

for

\^

lo

tour 20

to-PuIsc

telephone
tions. number up to 240 The

cbrervaol dialed

system

offfrrs
line as

seciri!/.
group well
or

16

Converters findur-. etc

siqned olficcs
or

be

nncnn

) Contains
d'a' groups

di',r.i2y end

trunk audible

selec'.icn

display.

to conveit line

proararnab'e putse operated

to

ilin'.s. hni'* poits is dciticp-ojt anj fb.Xs. smail Central

liiiE capacity

as

observalion.

lone

operation.

l"TJU

: y.

GEf'ERii TONE

I'URPQSE

KEY TONE
oJJJ
.

SYSTEM IMTERCOMS

REfLiVEftS

M-307: ceive and

Designed
dtcodr

lo reard stand-

'

IVt-307

M-420

TOLCH-TOtJE-"
and to
on rr-eeT vciir

signa'i.
brit^qed

Operates
inputs.

on

24

or

48

VDC

1.1-420: Intercoms

complete Japane::e
SA and

line

of key

syttcm for

TOUCH all US

TON.^: t/pc

l-:-rnriin.nted or Decircal

Outouts

available

is iinrreJiateiy and

available

key
patibility comt,"te

rcquMCmenis l-in, t-i2, 1-16 2 o( 8

"

include;
or

systems
irictude

Key
16A

Syr.'cnis. Standaid
solid
two slntc

'o:;luiC!;

1-15

coiTipa-t.
v.uh

rtiodular

rcniitructizn,

Bi.iai/1-12,
2 ol 7 or

link

S)Stoms.

mixed

and up
tr,

PrograniaLle

6 bll format

Many

other

specific

codes

-rd and A tu'l simo'if instiliatton. atji.ity. line of accessory including equipment -s avflitabte, transfer units, paging others. units, and access

rotary

Jia!

RcQ.^tercd

ce

ni.uk

of

A.T.

"

T.

FABX

for call

y.Tjmerfl-itc
or n.'fff

:o/i.flois

(e

yc"

ff".'i"

tc^i-irtirrnts,

tor/jy.

ADAPTERS
Tone
TheTtL-TOrJE 0' PABX :=no

ori'enivcffTcne
for

operated

oqtiipnit-nt

ncicplrrs
fc'ip'olL"*. ;tiid
nomical eco-

offers

alt phases

oT

tocJsiy's conmiunicotions.

StiVin^

5;pnce Con/iTSiCf) of
"

A(

Ulilizino
per card
amot!f|

ivpo

?5

-iO

and

SO

"

N'ppon

ilio

(Ol."

.:.-'or

reaisti^r

concept.
offers

"
"

NTC f.,..,"

JO.t
.

"Hi:,-:'!.
)',... .i.-.tl

""".'"*." fvp..iTUi

DA.\ FXR.

TEL-t

OrJu

pyi.

rr""
"*f

I;
t. j"'S"""

commonality
mo*. I

JOjij
AKti-7.n
"

N-.r1h "L

Cnc r

""!

AiO

L61.

CkanKH
TCL-TONC

p i".i-.)w

I VI
,.*.u.

Ton--^ Hc-

M Commiinir U'O

iir^'on

CI'-UiO IrliC
.

Rrli.iLic C".i C)

r Cr-iv^ ;;pp!ir ili.-'f.'i. .ivaiUt headilv le iiiclLOc: pact-jgos

.ili^Hi ?."
" "
*

CUrvPrjrjATION N.t". Ktr,'."L'vi :o. vvA. ort.inn

"

:;i'.

it*

LiTlii-:

";e-1. %,i.'Z "v.t.rii

j.o

your

iorjui-i20TM

circle
f- O

Ka.

1A4

tn

R"adrr

Srrvlcs

Ce"d

70

ACCESSING

THE

SYSTEM

Dial

the

telephone
line

number

assigned

to

the

system

you

wish

-6^

to

access.

When

the

is

reached,

the

unit

will

automatically ring

answer

the

call.

You

will

hear

very

little,

if

any,

back

tone.

Once

connedted,

distinctive

answer

tone

will

b.e

heard

for

approximately

two

seconds.

If

you

do

not

hear

the

tone^

release

the

call,

;wsit

15

seconds

and

place

the

call.

again.

SECURITY

DIGITS

i
In order to

prevent

unauthorized

persons

from

using

the

system,

it

is

necessary

for

you

to

dial

into

the

unit

locking

Security

Code.

The

code

consists

of

two

digits.

You

must

touch

dial

the

Security

Digits

within

five

seconds

after

receiving

the

O
ansv/er

tone.

"

All

digits

touch

dialed

into

the

M-220

must

be

held

dov;n

at

least

one

second.

This

slow

dialing

is

necessary

to

prevent

voice

and

other

extraneous

sounds

from

interferring
in

with

operation

of

the

M-220.

Should

you

not

dial

the

code

time,

the

unit

will

automatically

disconnect

and

the

call

must

be

placed

again. period,
the

If

the

Security

Code

is

dialed

before

G
the

time

out

Service

Observing
is

Unit

will

be

locked

to

your

call.

Unless

your

system

equipped
Idle

with

Trunk

Group

Selector,

you

will

hear

lov;

level

Tone.

This

tone

indicates

that

you

v/ill

be

connected

automatically

to

the

next

incoming

i
call..

71

RELEASING

FROM

THE

OBSERVED

LINE

*
-?\
must

When

you

no

longer

v/ish

to

observe

particular
Code

line

you

dial

the

second

digit
You

of

the

Security
then be

(Reset-

Digit)
the

to

relcAsc

the

conncctio;i.

will

able

to

observe

next

incoming

call.

'

\"
When

'

DISCONNECTING

FROM

THE

OBSERVING

SYSTEM

'

the

M-220

automatically
Office

answers

your

call,

it

attaches

itself

to

the

Central

sv/itching
the M-220

system.
locks

Oncejthe
to the Central

Security
Office

Code

has

been

dialed,
until

switching
touch

equipment
disconnect

you

release

it.

This

is

done

by
rS
dial

dialing
disconnect

digit.
the
next

Should

you

fail

to

touch

the

digit,
busy
tone.

attenpt
method of

to

access

the

system
the

will

receive

second

restoring

M-220

is

to

dial

another

telephone
the

number

specifically,
After

assigned
the

for

the

purpose

of

releasing hearing
it

system.

dialing
redial

release

number

and

ring,
number.

hang

up

and

the

M-220

on

its

assigned Security

access

1^
digit

If

the

digits
since

are

not

dialed
^

the

disconnect

is

not

necessary

the

M-220

will

automatically

connect dis-

in

five

seconds.

UNUSUAL

SITUATIONS

0
"

The

M-220

Service

Observing operation.

System

is

designed
has shov:n

to

give
that

years

of

trouble

free

Exoerience

Fage

72

ALSTON

SUBSCRiBER
MEASURING
Models

DIAL

SERVICE

SYSTEM
370

and

339

100 Live

trunk
or

capacity, continuous
service of
o

monitoring

"

Displays trunk
Audio Portable modularized

I.D., dialed
of call events

number,

elapsed time

recorded

observation

"

output
or

Automatic

selection

outgoing
100%

calls solid
state

dedicated construction

and

The

Alston

Model

370/389
system of the which

is

an

tremely ex-

characteristic,
with

as

the
or

system

will

face intertype

The

Call

Selector in
to

(Model

370) and
to
new

versatile

allows dial may be

crossbar

step-by-step
dial

Located
to
a

the the

switchroom
circuits

used
tored, moni-

quantitative
service. used patterns which data
to In

grading
addition,

subscriber

systems
tone,

and

will accept

pulse, touch
or

interface
to
sense

be

system

multi-frequency
of D.P. and

signaling
either

and

select

outgoing
and
mat for-

determine and
to

developing provide
a means

(rouble

combination
M.F. Due
to

T.T.

or

calls, and

to

identify, decode,

by
service

the call data.

its modular
may

documented
may be

quality of
for

design, arranged

the for

system ble portadata

The Transmission

generated

interested

components
or

be

Medium
data from

regulatory agencies.
When connected system
to

dedicated collected
local
or

installation
in
a

and
or

Used selector

to

accept
to to remote

the
for
to

call
later

subscriber
up

lines
to

or

may mode

be

live

recorded This

and
or

record transmit

the data
the data

trunks, the
of these
in

will monitor

100
gaged en-

with

remote

readout.

playback
local
or

the

circuits
an

and,

if

not

currently
will any will
ically automatnew

modularized
with
a

solid-state design, coupled options

that the and
user

service

observation

observation,
for observation The number

variety of
insures

size will

figurations, con-

quarters.
The Monitor in the

select

out-

tially iniService

goir

:a!l. the
time

system

visually
the system

obtain
and
to at

maximum the
same as

price

mance, perforthe

(Model
service

389)
observation the

display elapsed
events

being

called,

time, allows
the user's

Located quarters,
a

between
the

various of the
an

circuit circuit audio

grow

ments require-

this unit

provides
audio

operator of the

and

identity

grow.

visual display and

events.

output

being
output

observed. is

Additionally,
to

call
operator tions, condi-

provided
of
as,

allow

for circuit

These

determination such don't number. Extreme

answer,

various trunk
no

THE
The elements

SYSTEM
system with consists various
in

into of modes element. three

elements system of number a in Figure

1.

may

be

bined com-

configurations,

busy,
ring,

line

busy,
wrong

basic

as

shown The

and

of operation
These

'live" in

configurations
areas

are or

generally
in
areas

available

each

used
where

metropolitan
offices
are

versatility

is

an

inherent

elements

are:

geographically

clus-

73

Z"**^^ --T-:^--^C'"?*1*f'rt5H^?^^**' r^'^";-.:'.V';y!^V*:'''7^UVC-**^ REMOTE

OFFICES-

CENTRAL

LOCATION

CALL SELECTOR

~| FACILITY
LINE

SERVICE

DISTRIBUTOR. CALL SELECTOfr,-

MONITOR

' CALL
.

'

'

"

-'

-"^""'

' '

-...(,
r,^,i-"

'

TELEPHONE-

,:-"

SEL"CTOft:"^(WITH.
"

r-^^^Tl'^^'f*^

"'o;i*"

.-SET
. .

DIAL

"L
"

i
SERVICE
.

IN-OFTION)

;
"

MONITOR ^U ,"".,-"
'"

'

l^-rS^^-'

--""

CALL-

NETWORK-" NETWORfC

?^-.-'^r-"_

"

--

-"

-"""

(WITH

DIAL

SELECTOR (WITH
IN

J^
DIAl:'1

OUT'OPTION)

OPTION

LIVE
.-

OBSERVATION,

"DIAL

UP"

MODE

VI

-A.-

,"tjs.T"c-^j^^?:f

".ir^^

-v^-

"

""

:;

CALt-

."-

i.- SELECTOR:"--.r

"

i.'^riSi^^i^F' 'Sili" DELAYED

FIGURE 1. TYPICAL

OBSERVATIOH;^'

"RECORD':

MODEig"

DIAL

SERVICE

MEASURING

SYSTEMS

tered
volume 40
to

and

where
an

the

observation
will hour. is

caH

inch
may

or

23-inch mounted

relay rack,
in
an

or

the

unit
rying car-

Trunk After

I.D.
a

within 50

office
per

generate

be
case

accessory

trunk

has

been

selected

for

observations "record"

for portable operation.

not

observation,
the trunk
on a

the

call selector
a

identifies

The

configuration
low

erally gen-

When

currently engaged
call

vation, in obser-

by displaying
front

two

digit number
In addition,
to

used

in

observation

volume graphically, geoscans

the the
from

selector and

automatically
tions conneca

panel readout.
is forwarded for visual

offices, in offices
or

widely
where

scattered
a

tip-ring each

sleeve When

this information
monitor service monitor

the
on

vice ser-

permanent,

trunk.
a new

trunk call,

display

the

taped

record

is desired.

becomes
the unit

busy
will

with

outgoing

readout.

select

it for

observation.

Incoming
THc

Call Rejection
the

CALL
370
call

SELECTOR
Output
The
as

To

optimize
and
to

number

of

calls

MODEL
The is
an

Modes Model output. output

output. 370 These

sampled
offers
are

preclude
has

vations, partial obser-

two

modes

of

selector,
unit
a

its

name

implies,
data "live

the that will trunks

selection
an cause

unit

bulit-in

circuitry
to to

tion" observation" observa-

automatic monitor

designed
number
trunk

to

taneously simultrunks
a

the call selector incoming

calls

ignore
allow

of

and
In

"recorded

with of

and

J
new

to

select

the

next

offering

the

live

configuration,
to
a

only those
or

trunks

that present
call.

outgoing call. Utilizing modular

370 is

the

call selector
or over

offers observations Model

a

outgoing

originating

construction,
to

the 50 50 with

remote

local either

389

Service

itor Monor a

Model trunks trunks

an

equipped
for
an

handle

dedicated
In

pair
the
are

Dialed After

Number
a

Detection has been selected for

Capacity
may be

additional
any time

dialed-up

connection. observations

record recorded the

trol con-

trunk

added
module

at

configuration,
on a

observation,

the

number

being
and

dialed
warded for-

expansion
the is

which
card file

mounts

magnetic
of the may call

tape

unit

under
and

by

the

subscriber
to

is detected monitor The

within The allow unit

standard

package.
which
19-

selector

the

vations obserto

the for

service

(or tape
will dial

supplied
in

with either

brackets
a

then
at

be
a

played back
later
time.

the

recorder)
process

display.
numbers

syste.-n coded
in

mounting

standard

service

monitor

dialed

74

""iVfl

Model

370

CALL

SELECTOR

Model

370

CALL

SELECTOR

IN PORTASLS

CASE

pulses, touch
or

tone,

or

multi-frequency
three.
observation. recorded

operator If the the

manually

releases
is

the

ruggedized
is

aluminum via

carrying patch
cables

case

and wired prein

combinations

of the

Call

Time unit

Out

The
accurate

employs

highly stable
clock
and
to

and

crystal controlled
the observation

used allow

servation
observation

being
out

connected

to

and

unit

is under

time

trunk

patch panels
study.
For is

mounted

control
1000

that

exceeds
tone

15

seconds,
be

then

the

office under
the

stable

tion, opera-

Hz

beep

may

enabled

to

unit

powered

from

48V

to

notify

the

subscriber

that

the

call

is

office

battery

and

is

totally
noise.

immune

to

time unit Two The and

out to

the

being observed.

switchroom

electrical

process
out

additional
intervals
are

observations.

time

provided.
is
to

Intermittent

Studies it is desirable
to

first will the

cause

time

out

interval call
12

fixed
lease re-

Frequently
to

limit
or

servations obto
commodate ac-

the

seleaor

peak days
this

traffic of the

periods
week.

observation (called

seconds party
out

after

only

certain

To

Live call A

or or

recorded
remote

observations

with
are

supervision
second which

answers).
is "01"

requirement,

the
an

call local data

in

display
the

able availtem. sys-

variable may in
to

time be
set

also
to

selector

may

be

equipped study
timer
on

with

cessory ac-

configurations
which off
at may

Alston

available
"99" may When

from

14-day
be
set to
turn

Available
in

configurations
the
user

pictured

seconds be
in set

1-second

increments time
or

the

unit

and

ferent dif-

Figure
the with via

allow

to
a

gather data
call tor selec-

infinity (no
mode
in the the

out). selected

times

during
the

the week.

day

and

on

in

switchroom live

through
service
or

the

manual

if supervision

days of

obsen-ation

ysis, anal-

is not the unit the

received release
of
out

auto

mode,
Installation For
may at
a

dedicated

dialed-up
The system

facility,
may data for

will number time

observation
set
on

remote

location.
to
on

after

seconds

the

dedicated
be rack

installations,
in

the

unit

also
in

be

configured
switchroom
at
a

record

the tape

variable
When will call
set

thumbwheel
call the the

switch.

mounted
wired
In to

the

switchroom
to

the

magnetic
lime

to

infinity, the
to
or

selector
call until

and

hard

the

trunks

be

playback
service will be

later

through
Sales

the

continue termination

monitor until

monitored.
the unit
is

portable
with

applications,
an

monitor.

Alston's
to

Engineers
the
user

service

ob-

fitted

accessory

happy

work

with

to

75

Model

369

SERVICE

MONITOR

provide
his

the

configuration

best

suited

to

of

various

circuit

functions, and
may easy

such
call

as

ing dial-

local

or

remote

call selector
The facility.
to
use a

via. unit call

single
also

particular application.

period
duration.
any

duration

switching
frozen
at

dedicated
be

DC

may

The
to

display
allow

be

connected
the This

remote

selector
work. net-

instant time.

notation
at

of

through

of

the

switched
may be

THE MODEL
Trunk and

StP.VlCi. 389
I.D., dialed call
the

MONITOR

elapsed
of the

Also

displayed,
is the

the

end
trunk

configuration by
on

easily
tions op-

observation,

I.D. of the

implemented
available

using the

the

dial-up
and
set

being observed.
number
data 389 and information
are

370/389

by
nected con-

A warded forfront

selector

switch
may Dial be

on

the
to

monitor's Dial

using

standard
to

telephone
monitor.

audio
to

events

all

panel
Touch DP

set

Pulse
In

the

service
to

Model

Service

itor Mon-

(DP), (MF),

(TD),
or

Multi-Frequency
MF of

addition
of

live

observation,
data of
an

back playmay
cessory ac-

for

decoding
the

display
observ'er.

and

for

and
upon

TD,
the

and

DP,
to
can

pending de-

previously through

recorded
the
use

analysis by
The of
a

service

type
of

calls

be be

observed

all solid-state

Model

389

consists

monitored. decoded
accessory

Each

type monitor

signal
for

be

16-digit
in
a

display,

plus

operating cabinet.

by the keypad

display.
a

magnetic
An

tape

recorder.

controls,
The

sloping panel desk

readout

contains
a

recorder rewind
hold tons, but-

16-digit solid-state
coded
or

displays
touch-

start/stop key
control;
a

and

pushbutton
stop,
resets

numbers

in

dial

pulse,

clock
button

start,

and

ORDmh-^C
Model
370-50

INrOPv.M.-^TiON
Call call rack Selector unit with

tone, These from

a

optionally
are or

multi-frequency. received
from also
a

which
which and
to

the the call face

display;
current

numbers
call selector

directly previously

and

button

releases the The

a

50-trunk

selector

19"

observation
to

allows

selector and of the

recorded
voice operator

tape.
circuit
to

The

unit

reproduces
the
vice ser-

23"
and

proceed
also

another.
includes

mounting

brackets,
manual.

power

information
measure

allowing quality
addition the in of
to

monitor

volume

control
of
one

cord

instruction

the
In

and
or

phone

jack

for
600

connection ohm the

being
called

observed.

the

two

standard

headsets.
service
to itor mon-

Model
Same the with
a

370-100
as

Call

Selector 370-50,
but

telephone
the

number, time,

readout

For

live obser.'ation, may be

Model trunk

equipped

displays

elapsed

seconds.

connected

direclly

100

input

capacity.

76

APPENDIX

"Mail

Cover"

Massive

abuses

of

the

right

to

privacy by
with which

of

the

individual

exist

in

the
I

technique

of

"mail

cover,"

process

the

U.

S.

Postal

Service

(ex-

''ost

Office

Department)
1965,
several

cooperates Congressional
However,

other

agencies.
have been

Since

inquiries

instituted,

none

resulting Congress,
The

in

legislation.
would

since

two

inquiries

are

in

the

current

legislation
most recent

be

possible
of mail

in

1974.

examples
The Chairmen

surveillance

were

reported

in

the

press

in

August.
Power

of

the

Federal

Communications

Commission

and

Federal

Commission

gave

orders

that

all

Congressional
to

mail

except

that

addressed

to

individual

Commissioners

was

go

to

the

Chairmen's

offices

for

opening
The

and

processing.
Subcommittee of the Senate Government

Investigating
has launched

Operations hearings
are

ommittee,

an

inquiry

into

the

practice;

further

expected.
The Subcommittee Postal

on

Facilities,

Mail

Labor-Management
its

of

the

House

Post

Office

and

Civil

Service

Committee

began
Government

own

inquiry
to

into

the

wider

question

--

mail

cover

use

by

all

agencies

--

uncover

abuses.

In

1965,

Senator

Edward

V.

Long

directed

major
to mail

inquiry
cover

into

privacy

matters,

major
of

portion
the 1970

of

the

hearings
surveillance

devoted

use.

Because

domestic

plan hearings

advocated

by
the

the

White

House

and

brought
Members

to

light Congress
mail

during
have

the

current

on

Watergate
the serious

scandal.

of

begun

asking
The

questions

about

implications
the line of

of

the

cover

practice.

Congress

should

fully

pursue

inquiry.
defined, involves the

Mail

cover,

as

now

recording
to

of

return

addresses

and

descriptions

of

pieces

of

mail

addressed

individuals

or

businesses

78
[From
the Wall Street

Journal, Letters

Aug. 28, 1073]

Opew
Surveillance
congressmen,
of

Mail

By

Investigators

Raises

the

Question
expansion

of

Abuse

others

charge

invasion practice

of

privacy,

fear

of

the

Questionnaire for
(By
Les
mail

Rabbi

Gapa.v)
rusli
a

robbed here was postal truck and were arrested, they of $382,000. suspects gave a who liad fled the country. of an accomplice the name authorities to all the personal mail surveillance Postal inspectors .secrectly kept under and logging the names, the fugitive's friends relatives, painstakingly and from all the envelopes. Sure and day a addresses enough, one return on postmarks alias that address from an letter arrived Ottawa bearing as part of the return in the past. With Canadian used cooperation the man the suspect had police knew and to prison. went extradited convicted to the U.S. ; he was was this international catch possible is a "mail The snooping technique that made law forcers. enoft-used but investigative tool prized by federal cover," a little-known have Mail covers suspected narcotics dealers, gamblers, helped track down hundred other more and criminal or tax evaders, among types. Two smugglers Cliief Postal time. be in operation in the U.S. at any one In.spector William may of the greatest, cheapest, simplest techniques "one J. Cotter hails the mail cover as

Washington.

"

Amid

Christmas
weeks

Within

few

several

to find But
some

out

leads." detect

enthusiastic.

and civil libertarians, aren't at all including Congressmen odor ; the domestic intelligence-gathering a Watergate in 1970 Nixon called and then plan approved quickly disapproved by President clude criminal other of mail from to incovers cases for, among use things, expanding monitoring of i*adical groups.

others,

They

big

brother

on

loose?

possible big-l)rother scrutiny of the mail seph JoCity College Dean in attorney complained cotu't that the during the govenment's The investigation of the case. lawyer presented to the court a letter sent to Mr. initialed been Paige that he said had oi)ened and by a postal official prior to has a.sked the U.S. to determine court delivery. The attorney handling the case whether it had been opened and, if so, why. The Service Postal it has no investigated such charges but Jias found says evidence of wrongdoing. of illegal acts is hard to come Certaiidy evidence by, but the Postal at what a look other Service and federal agencies do quite legally in under surveillance is something of an keeping mail In essence, the eye-opener. without another or only mail that can't legall.v be opened by one special agency court is domestic first-class mail permission mainly letters. The Postal Service has all other classes of mail, including authority to open circulars, packages, publications and books, as part of a criminal investigation or to make sure Bureau of Customs do even can postage is being paid. The proper more all mail, including letters, coming : open from abroad that to make sure duties aren't evaded that and such contraband aren't as closed. endrugs or firearuLS Questions
are

also

being raised

about

of individuals O. Paige

When Federal outside the political arena. here indicted was recently for fraud, his with mail had l)een tampered defendant's

"

Moreover, granted by
cases

domestic federal

letters coiirt
or

may
a

be

opened

through
agency.

special search
Postal

warrant such An

to
a

law-enforcement
nationwide. is recounted
some

officials say

number

only 10

12

year
case

typical search-warrant
notified
authorities

l)y a former
would be

federal mailed

attorney:
to
a

informer

that

hashish

certain

individual.
was

it

was

The monitored was su.spect's mail a suspicious packet ; when spotted, a warrant was obtained, the letter was firmed, conopened, the contents the envelope reseated and the letter returned to the mail After stream. in to arrest delivered, FBI the recipient. agents moved

79
The controversial, is the mail cover. job is handled Bureau at the request of the Federal of Investigation. Internal Revenue Secret Service Service, Central Intelligence Agency, or other federal, state or local police or prosecuting officials inMost some volved agency. reluctant Justice to talk ; one are who Department serves on a lawyer "strike force" crime "I don't to give away want attacking organized our says, tactics." When first asked, a public-relations-conscious spokesman for the Postal Service. Hank mail-cover several that Lewis, insisted operations ended ago. years IMr. Cotter, head But of the Postal that mail covers Inspection Service, confirms do exist. He about 200 time in operation include at any one are says can : each of mail the surveillance of many individuals. all data Not on appearing only are all the covered mail of other first-class mail than are recorded, but the contents About of all the covers used in criminal frequently checked. 95% tions investigaare and"the rest in '-national security" cases, according to Mr. Cotter. He says his colleagues find them effective in combating crime. he and most in Indiana who cover, a mail Through a postal inspector helped nail a swindler time for them wrote their ads in his newsto business to renew saying it was letter. In fact, they hadn't advertised previously, and the newsletter was a phony One renewal notice that sent sent to a hardware store was only to advertisers. notified had been in l)usiness only a few days. The miffed owner postal inspectors ; of hundreds of his unsuspecting the con artist yielded the names on a mail cover later filed complaints. victims who
common,

More

and

equally

by postal inspectors

but

often

OPENING

OF

MAIL,

TOO

including extending

mail surveillance routinely goes much further, regularly government in criminal mail of nonletter occasionally investigations and opening "normal" of letters with court to opening permission. These practices, Nixon of the been which have now are during raising expanded some era, General Postmaster J. Edward invasion-of-privacy Day. now complaints. Former is a poor mail idea, with a court order a Washington : "Opening lawyer, declares

Moreover,

or

otherwise." But howls

are

charges
Senate

of protest may grow being investigated, Committee and Watergate have been

much

louder

within
Prosecutor Post

the

next

few

months.

For

by Special by a House
for

Archibald Cox, by the that mail Office subcommittee,

surveillance

presidential

the 1972 during purposes may been that have letters illegally opened. campaigns, may committee, Democratic chairman of that of California, Wilson postal subRep. Charles of Demothe mail cratic instructed his staff to investigate reports that has with last year was presidential candidates tampered by postal employees. that several In a letter Sen. Hubert has to Rep. Wilson, complained Humphrey last year were campaign primary bags of his iwlitical mail during the Wisconsin misused

political

found
an

undelivered

after

the

election.
a man

And

the

subcommittee
to be
a

staff

has

received

postal Muskie and "covered" mail of Edmund said the was perhaps supervisor, who opened during the 1972 campaign. of suspicion springing Whether such true or not, the atmosphere charges are of mail of political abuse fears from scandals is certainly breeding the Watergate heads the surveillance. Columbia law Alan Westin, professor who a University raises the American Civil Liberties Union's "Watergate privacy committee, says, used mail whether mail and is opened miich covers are politically." question of how of authority He adds organization's mail is opened, that is a misu.se : "If any intended never by Congress." A former was a cover postal inspector relates how put on the mail of the Iowa such Naive about relatives wanted in Florida. of a man tactics, the by the law of his hideout in Baton and wrote his name the address Rouge, La., on one man for hard arrested. "It's very to go a letter ; to his surprise, he was promptly C. A. Miller, friends with or relatives," says without communicating long time recentlv retired head of criminal Inspection Service. investigation fen- the Postal Mail" dates back aren't law, but their use specifically authorized by any covers practice to 1893 when the procedure spelled out in postal regulations. The was Court hasn't and been has been has Supreme upheld. The challenged in the courts ruled but has denied requests to hear attacking lawsuits.
anonvmous

phone

call

from

puriwrting

Washington

80
EVEN THE RABBI

before ill fame their legal standing, mail have covers gained some for the committee counsel of Roy the Senate Cohn, particularly in the case in his who later Army-McCarthy hearings in the 1950s got into legal trouble business tried and during the 1960s. In acquitted tliree times dealings: he was instructions 1904 mail-cover a accidentally and inexplicably delivered postman York in New the home and his law to latter's pertaining to Mr. Cohn partner opened as well as monitored City. Mr. Colin charged in court that his mail was ; admitted but denied the government the cover opening mail. of Colin correspondents, sent Moreover, the IRS. after learning the names tionnaires questo an his rabbi from about him to every ex-girlfriend. acquaintance "After rabbi, I wouldn't put anything past the government," they questioned my York a New lawyer. says Mr. Cohn, now mail ing, monitorAfter of his trials there was a congressional outcry about one banned limited held. The results and : tlie postal Service were hearings were under mail on investigation, and for a time covers attorney of any individual any thousands. 100 apparently from some the operations were cut back to about Bureau's Controversial, inspection of packages and letters too, is the Cu.stoms letters. Officials and to open abroad each particularly its power arriving from year, millions of letters are inspected each year, but they don't say how many say did bureau the (Only in 1971 acquire authority to open are actually opened. Short of opening mail, are prohibited from reading them.) letters; its employes for contents such have it metal or as dogs sniff it to detect agents may guns x-ray drugs. Service Bui'eau's lead, the Postal the Customs recently got its own Following At for contraband and l)ombs. letters and machines to screen packages x-ray bundle of 100 of the machines recent a demonstration penetrated a here, one of a letter boml) letters to pick up the outline planted for demonstration punwses. Office alone, .500 to In the Post witli wires. main like a liall-pointpen It looked So far, one postal inspector 1,000 pieces of suspect mail are x-rayed each week.

Whatever

now,

says,

none

has

contained

bomb.

[From FCC

Television

Digest, Aug. 20, 1973]

in

Caught

Mailsack

for nearly a year, of their mail staffers at FCC haven't been getting some Many it. Practice of immediately know sending mail they probably didn't even from offices directly to FCC Chairman to be opened congressional except that 8 after addressed Commissioners to individual was August abruptly halted Senator of Washington, Jackson, Democrat, in(]uired about procedure. As chairman of Senate and .lackson wrote FCC Investigations Subcommittee, 4 dozen other FPC similar learned that used over agencies after subcommittee started at FCC procedure. It was August 1972, in an attempt to speed up answers to congressional inquiries, Rurch told Jackson. ers However, only three CommissionR. E. Lee. Rex in their offices August 17 said they knew Lee, and Johnson letter saying it had been halted. All three nothing of practice until .seeing Burch it was over expressed concern opening of mail and fact they didn't know being done. There also was consternation because August 1.5 letter had gone to .Tackson Burch's over Commission. signature without being lirought before (Burch was vacation in West on Virginia last week, didn't actually see letter,but aide Charles Lichtenstein said it was read to him over telephone. ) Lichtenstein said of mail halted direct result of Jackson monitoring was as incpiiry. "It seemed like a good idea to stop," he said. "The implication that this wasn't kosher maybe for us." He was enough also said commissioners were informed when it went a year into effect. Original order to screen ago sional congresmail was given verbally to mail branch directive. Burch sent by executive S memo August to bureau chiefs and staff officers, saying in future "all congressional mail is to be routed to the addressee and is not to be logged." unopened and
" " "

"

Other
In

Commissioners
the letter to and careful

weren't

consulted said of due

in advance.

.Tack.son,Burch
surveillance

screening
dates
* *

was

started

"to too

permit

central

logging and
months

*.

Entirely

for information

special services

running.
and
was

logged

]\Iail delivered often mislaid or

were going unanswered, directly to the addressee

requests many .sometimes for .several

was never new

centrally
proce-

simply

lost."

He

said

even

though

81
dure their "result in
some

may

degradation
such served action

of

our

service

to Members
* * *

of that

Congress
the

and

staffs. I have
pose

taken he had

because
as

I, too, believe

previous

privacy." to rights of individual that and Presidents six under agencies Lee Hex [but] I would "has fer prealways been a problem congressional mail and contacts * * * check although there's a or to pry. to monitor that no attempt be made be side." inquiries, he said, must other Congressional for the lot to be said whole "The decisions. thing is authority to make there directed to a level where practice might
serious

questions

noted

in three

bothers Jackson

me,"

added
was

R. E. Lee. concerned

to monitoring employees' phone calls. "I want over has had have and not does never this agency said, "that policy or practice of restricting or clearing or monitoring either meetings or any staff." and staff of Congress and Members our between telephone conversations hell he and at Commission to 1970 didn't wiretap incident Burch refer, however, for authorizing bug of employees' Investigations Subcommittee caught from House phone allegedly to stop agenda leaks (vol. 12 :52 p. 6) also
assure

you,"

Burch

[Prom Aides
to

the

Washington Chief

Post, July 5, 1973] Hill Mail

to

FPC

Open

Staff

(By Morton Congressional

Connnission there is
no

Mintz)
staff
members of John the N. Federal Nassikas Power "when

mail

addressed

to

key

is

opened

by

aides

to commission

Chairman

of the the personal or conthat contents envelope are tidential," he has acknowledged. be routed "I have congressional correspondence required that all incoming addressee," to the appropriate office where it is promptly sent on through my Jackson M. (D-Wash.). to Sen. in a letter Nassikas said Henry Wednesday mail the congressional do open and "With their we concurrence, knowledge information the the envelope reveals of certain on key staff personnel when this commission," in his official capacity with to the staff member addressed that it was indication the "Mail
so

chairman

continued.

opened that relates to a matter referred to the secretary of the immediately said. Nassikas charge of mail in my office,"
He told Jackson has that he has
a

pending
commission

before

this

commission

is in

by the

stenographer

policy for the Office of Economics, natural of prices for new gas to a advocated intended for by Pre.sident Nixon, and FPC decision recent giving three producers a 73 per cent increase. to the in the 2-to-l price-increase decision, said. "As Nassikas, the dissenter unoi"ened refer inquiries been Office of Economics, has to congressional policy my economist to an addressed to the addres.see. correspondence Inadvertently, some has been opened by my stenographic staff but not read. has office or if mail been has "If any other opened in my employee's mail in this letter, outlined I have other than those circumstances been opened under he said. of inadvertence." it has occurred strictly as a matter in 1969, Nassikas said, he became Nixon Soon after President appointed him lost or sometimes that Capitol Hill "were inquiries from aware important of internal processing." in the of time course periods delayed for inordinate the to end mail routed he ordered Nassikas said through his office in order and dissatisfaction. previous inconvenience 29. He June mail Nassikas' policies in a letter on Jackson inquired about Committee. Its staff is inquiring into Interior of the Senate chairman wrote as
difCerent
where there

opposition open interstate customers, as

been

to decontrol

the basis

authenticity
for the actions

The

Jackson he said to the

Jackson's counsel

which is the reserves, shortage of natural gas trative adminisfor such and Congress for decontrol the 7.''" as per cent price increase. tions disturbing matter" : the restricletter dealt mainly witli "a very mittees of congressional comthe access on been have placed by Nassikas staff members. expertise of selected FPC Committee from request by Interior a phone protest developed of the claimed

President's

appeal

to

William the

Van to natural

Ness meet gas

to

Dr.

David the

S.

Schwartz,
staff to

assistant review
a

chief

of

the
was

Office of Economics,

with

committee

report it

preparing

on

situation.

82

The staff to
or

senator members

said
and office

Schwartz
members and that
or

told committees

Van

Ness of

that

any

contact would have to clear

between to any be

FPC

Congress
would
have

reported meetings

Xassikas'

the

chairman

discussions.
Van Ness meet Van Ness told with he had nature had
an

aide the been received and

to committee

Nassikas staff

last the

Thursday
next not
a

that

he But to

wished
Schwartz

to

have then

Schwartz

morning.
to formal Jackson
come

told
the

told and purpose that it and

by

Nassikas

Capitol
from

Hill

until

FPC

chief
the senator to be

approved
of
may to

request
said. for

.Jackson

"specifying
The chairman

the be

meeting," "entirely
a

conceded

proper"
veto
over

the

commission
with

fully

informed

maintain

contacts

FPC

staff

members. Jackson
manner

However,

charged,
for
on

the the purpose

FPC

has of

implemented monitoring
and
a

such
the views matters

policy
of those

"in

discriminatory
members
your views whose
or

staff
from

views
the in

factual,
the

legislative
as

policy

differ

views

of

commission
that

whole.".
of Schwartz
is

Nassikas,
involved
a

reply,
first known

insisted

the

case

unique,
staff to

because to have

it

the of

request
staff review
a

by

congressional
report

committee's

member

the

FPC

proposed

"relating

policies

affecting

our

jurisdictional Consequently,

responsibilities."
Nassikas and

said, publicly
views

he

asked to from make

that it the

the clear

request
that

for the

Schwartz's

services
of "an

be

made

"officially"
with misconstrued

participation
commission"

economist
not be

divergent
to

policies
or

of

this

could

constitute
"no to

commission
have

staff
been

participation. placed
FPC committee
on

Nassikas

said committees

that

restrictions
the

the

access

of Neither

gressional con-

expertise"
by
said.
a

of

any

staff

members.
for

has

he

ever

vetoed

request

congressional

aid

from

the

FPC

staff,

the

FPC

chairman

83

APPENDIX

Monitoring

and

Other

Service

Evaluations

Prior

to

the

advent

of

the

Tel-Tone

M-220

and

M-240

and

the

Alston

370/389
States

service

monitoring
other
to

systems,

telephone employees
items from
at

companies
work

of

the

United

used

means

observe

and

sometimes

while

not

at

work.

Attached

are

the

files

of

CWA

to

portray

situations

of

the

last

decade.

***

"Progress
Pacific

Observation"

forms

used,

for

example,
The

by
forms

Michigan
are

Bell

and

Telephone
of the

"

Telegraph
items

Companies.
are

virtually
such

identical.

Some

checkoff

completely
"

subjective,
and "Failed

as

"Faulty

Judgment,

"

"Faulty

Start

of

Conversation,

to

Be

Helpful."
***

CWA

report brought

on

results

of

California

Public

Utilities

Commission

case,

which

in

restrictions

on

monitoring
the

for

disciplinary companies
to

purposes.

The

California

Commission

rules

required monitoring
from Bell

telephone procedures.

inform

all

employees
Extracts

of

the

new

***

of

letter

System
was aware

Local

President,
in which he

telling
had

of

the

monitoring
into
contact.

techniques

of

which

he

and

come

***

CWA

memorandum

detailing
flashed

the

May-June
the

1966

revision

of

service

observing handling"
***

procedures,
basis.

throughout

Bell

System

on

an

"emergency

Pages
for

from

Western

Electric

supply
These items

catalogs,
were

showing
desk

"transmitter

mountings"
sets,
inside

business

offices.

calendar-inkpen
"... observation of

which

microphones
customers

could

be

concealed

for

conversations

between

and

telephone
from the

company

employees."
1963 issue of

***

Reproduction describing
room.

of

news

story
of
a

October

CWA

News

the

discovery
had the

closed-circuit

TV

camera

in

men's

The

company

observing
walls.

system

installed

because

of

graffiti

being

scribbled

on

the

84

3 \^JiA^M^u.ty'

i^ommunlcationd

J^^l

UUorhei'6
(AFFILIATED

fmerica of ."^k

WITH

AFL-CIO)

OFFICE THE

OF

1925

STREET,
TELEPHONE

N.W., WASHINGTON,
FEDERAL 7.7711

D.C.

200M

PRESIDENT

May
File:

10.

1971

4.3
X

1.12.13.57

To:

All

Executive

Board

Members

and

Nat'l

Directors

Subject:

Supervisory
Public

Monitoring
Commission

"

California

Utilities

Ruling

Fellow

Officers:

The

California

Public cannot

Utility
use

Commission

has obtained

ruled

that

telephone

supervisory
This

companies (secret)

information for

through
purposes.

monitoring
as a

disciplinary disciplinary
and

case

arose

result

of

action

taken

by

Pacific CWA

Telephone
members
was

and where used

Telegraph
information in

General
obtained of the

Telephone

against

monitoring
The Commission

support

during companies' monitoring permitted

of any

visory supercases.

stated and

that

supervisory operations
the contents, is

of without written purpose,

telephone,
notice notation effect heard and

traffic,

plant
of any the

only
or

when any

performed
record of

without

making
substance, which

meaning
the

conversation
Furthermore, cannot be

may information

have

been obtained

by

during supervisory

monitoring. monitoring

disclosed

to

any

other

person.

If

monitored purposes,

communication
notice must

is be

disciplinary is privacy
In

going given

to

be that

used the

for

employee's

being

violated.

response is

to necessary the

the

companies'
to maintain stated:

claim effective

that

secret

monitoring
its

control

over

workforce,

Commission

"It
ease

is of

not

necessary

to

sacrifice the of

for

employee
that,

discipline
if the

principle

privacy

86

The

Pacific
for
not

Telephone

and

Telegraph

Company

(Company)
service
to

has the such

the

responsibility
This includes
as

providing
only
the

high-quality
proper

telephone
of

public.

functioning
promptness,
with Workers used
to meet

equipment
and It

but

things
of the

accuracy, in and

completeness,
business the

courtesy
customers.

helpfulness
is

employees

transactions

agreed
that

by

Company appropriate
In with both
to

Communications
will be

of

America
this

(Union)

procedures

obligation.
that the and which
revenue.

addition,
to

the of
to

Company

and

the

Union
must

agree be

laws that tend

respect
have
an

secrecy

communications

followed,

obligation fraud,
is in

prevent
secrecy

any
or

acts
cause

by

employees
loss of

perpetrate
It

violate

agreed
CPUC

that

referred above

to

Decision

supervisory 7i^^ No.

monitoring
may

as

defined achieve

and the

be

used

to

objectives.
As

defined,
train of and

"Supervisory supervise
service

monitoring"
individual

is

used

by
In

telephone
their

companies performance

to

employees

telephone

assignments.
No.

Under

CPUC

Decision

73I't6,
without notation
or
a

supervisory "beep
or

monitoring
when of

is

permitted
without
the

without

notice of
any

(i.e.,
written

tone")
any

performed
the

making substance,
the

record of any may

contents,

purpose,

effect,

meaning
which

conversation have been heard

(which during

includes

employee's

conversation)

said

supervisory

monitoring.

A
to

person

performing supervisory
conversation

supervisory personnel
overheard

monitoring
and the

may

not

disclose

anyone

(including
of
any

observed such

employee)
supervisory

any

part

while

performing

monitoring.
The

Company
its

is

obligated people,
that in this the

to

insui'e,
that

by

proper

training monitoring
agrees
to

and is

direction

of used.

supervisory
To insure

supervisory
the

properly
train its

is

done

Company
of

supervisory
the
use

people
supervisory

implementation
as

this

Agreement

covering

of

monitoring

follows:

a.

Record sheets
No

of

supervisory recording

monitoring only
technical of
a

will

be

made and will

on

off checkmanner

type

summary

details

of made
or

job
except
to

performance.
as

written necessary loss of

notations
to
revenue.

conversation of

be

absolutely
fraud
or

protect

secrecy

communications

prevent

b.

When

record
or

of other
the

job

discussion and

between
the

Traffic

or"

Central
is
or

Office
it

Manager,
not

supervisor
contents,

observed
purpose,

employee effect, communications,

be

made,

wl.ll
of
any

include

substance,
unless An
secrecy

ii)eaning
or

observed
revenue

conversation,
is involved. record upon

of
shall

fraud,
to

loss

of

employee

permitted

review

his/her

personnel

his/her

request.

87

c.

Supervisory
evaluate the

monitoring grade
such and
to
as

may

be of

used

to

determine

training employees.

needs Other individual

and

to

of

service

individual visual in
an

supervisory
discussions

steps,

training
shall
and

sessions,
be used

observation,
to

coaching
evaluate

addition

supervisory

monitoring

Improve

employee's

performance.

d. advised.

Employees

subject

to

supervisory

monitoring

will

be

so

e.

Supervisory
is

monitoring
working.

will

be

done

only

in

the

'

quarters

where

the

employee

This

Agreement
and/or

does

not

preclude
as

the
set

Union's
forth in

right
the

of

grievance
between
the

procedure parties.

arbitration

Agraeflvent

This accordance with

Agreement
the Hours

may

be

terminated

by

either

party

In

appropriate
and

Collective Conditions

Bargaining
for

Agreement
unit

covering employees

Wages,

Working
the

bargaining

represented

by

Union.

fiJv
'

Ot"

'TyyVa'/lifi^
Workers
America,
AFL-CIO
_ ~

The

pacific

Telephone Company Company

of

and

Communications
of

Telegraph
Bell

Telephone

Nevada

88

m-

c.

".

//

89

;i

90

March

1,

1967

H
^

"Ir.

Joa

Beim"

President

1925

Streec, 6,
0.

N.

W.

Vashlngtoo

C.

20006

Dear

Strx-

X
to
answer

know types
scsaa

your
of

position
iBonitorlng
for

and within
ae.

Clta

opposltioos
the

you

have
and
on

been

advertising
that
an

all

Ball
beitn

systea

feel

you

might
article

questioos
nfevslottar

have the

planning
of

writing
in

in vhere

our

local
the

shoving
is

types
vho does

ooaitoring
tfaa

equipoeat

located

and

nonltoring.

Soae

of

OMX

sseibers
to
or

hava
secrecy

questioned
of lew. local
to

whether
coammicatlons

this
form

publication
wa

would

be for
our

in

violation the

the any

t'aa 1

all bo

signed
doing

Coapaay
as

Federal of
the

personally
this

feel
to

we our

would aeabers.

duty

officers

advertise

Some
are as

exaaples

of

the

equipment

and

monitoring

devices

in

follows:

1,
the and each choes. whan

Observer Service
are

shoes
Observers.

put

on

local
Each

telephone
office has

numbers
so

and observer

observed shoes nu^ibers 50 and

by

Traffic

oany

they day.
1

continually
For

changing
Office
a

thea 2
-

to

different
has

telephone

ejtaapla
over

In the

Shreveport
FBI

approxlaately
their lines

rencabcr found
an

year

ago

Inspected they
were

they

observer

shoe

on

then

removed

praapcly.

2.

Observer

shoes

on

Caaa

trunks.

3,

Observer

shoes

on

Repair

service

trunks.

4,

Observer

shcai

on

Business

Office

lines

through

Operator.

5.

Cbservcr

shoes

on

Local

tcftboard

positions.

6. board and

Monitoring
Assigraaent

connections

to

Local

Dispatcher

positions

Test-

Dlspitch.

91

Hr.

Joe 2

Belrnc
^

Page
March

1,

1967

"*"

"

7. them
CO

Spec'al
be

Bonlcorlng Company

connecdon

to

various

other
not

phones.

We

assua"

telephone

phones

bur

we're

positive.

8.
trunks.

Special

observer

to
"

monitor

all

business

office

positions

and

9.

Official

service,

observer

connections

on

aost

all

switchboard

positions.

10.

Chief

Operator
desk.

monitorina

circuit

to

switchboard

and

Service

Assistant's

11.

C.O.I,

aonitor

to

switchboard.

12.

Service

Assistant

monitor

to

switchboard.

13.

Other these Vlanc

taiscellaneous
circuits
can

nonitoring.
be oonltored
etc.

Many Offlcas,

o"

from

the

Division

Offices,

District

ForciMn'a

Offices,

Sl".:e

most

buslaesses "nd be
custccters. a

do

not

need
we
,

such

an

elaborate
if these

spying
conditions shock

systea
were

to

o?"i-at;
.

efficiently
it would

profitably help
to
our

feel

that

f.:blicl=~J
TelcpUone

oeabers

and

probably

aany

of

the

Coapaoy

rue

purpose in
our

of

this

letter
and

i9

to

ascerCain

If,
to

by

showing
Governor,

this Public

formation in-

newilettar loner,
Seaators, in any any "sy way

sending
The House

copies
Cossniittce

the

Service etc.,
Vs

Cc;als3 tnjuld would

we

Investigating
the that secrecy you may of

Monitoring,
connunlcatlons?

be

legally
and before

violating
assistance
we

appreciate opinion
you

opinions give
us

give

us,

or

any

lagal

take

any

action.

Sincerely,

92

/ltli^J(/yfU*cP

In

May

1956,

during
for

the

course

of

Senator

EdvTard

V.

Long's
"Invasion

preparationsof

hearings
AT""T

into

the

subject
vrord
to

of

Privacy,"
revise the

flashed

the

all

operating
The

companies
AT"T

to

service

observing

procedure.
basis,
to

directive

vras

treated

on

an

err.argency

become

effective

June

1,

1966.

AT"T

sent

teletype
C.K.

message

May
Assistant

10,

1966,

followed

by
to the

the

letter

from

Collins,

Vice

President,

operating

companies.

The

letter,

and

the

attacl^ments detailed

thereto

(Attachments)

prescribe
method
of

very

specific observing.
methods
of

and

changes
says
that

in

the

service

The

letter

after

trial

of

the

new

observing,

AT"T

vrould

issue

"a

printed

revision

of

the

observing
heard from

practice."
confidential
source

CWA

that

AT"T

on

flay

had

issued

preliminary
to

instruction

to

the

companies,
observation
on

calling
conversations.

on

them,

cease

allovring
letter

service

The

Eeirne

of

May

13,

1956,

is

cluded in-

in

A.ttachment

3.

(The

May

date

probably

v;-as

';

-roneous

)
.

94

iiBsiatanoa

Observing

practice

C^^^^^
American Telephone
and

Telegraph

Company

133

Broadway.

Nev/

York.

N.

Y.

10007

AasACoosZlZ

393-3173

C.

COUUINS Aiiiiravr vies ")(f*t9iMr

J^y

17,
No.

1966

File

335.3

As I'^rch
in
our

result oi' this

of

the year
of

service
and the

observing change seyeral

in

experience observing
are

meetings procedure being

made

held covered in

in

and

April
Toll
and to

teletype

message

May

10,

revisions issued

the

Cutvard Attachments

Assistance this letter insert

for

observing
cover

practice revisions; A,
F.

last

December.
a

these for E

they
B and
C

include
of

digest

of

principle
and

changes,'
sheets

pages Sections

Sections and

the

practice,

correction

Additionally,
timing
on

in

order
the

to

more

directly
Toll
error

reflect

the has

impact
been of 11

of

customer to affect include

service,
all

Outvard instances Tnis

category timing
errors

expanded
or raore

obseryed
minutes.

where

seconds
of

chargeable
as
a

could of
a

per:nit
future

discontinuance

Over

and

Under

Timings

separate

conipoaent

index,

if

generally

i'slt

desirable.

The

detailed of the be

changes
telet"-pe
effective

in r.essage June the

the

observing
of

procedures
are

to

meet in

the B

requirements
and
on
K,

yay Tr.ey

10

contained

Sections the

and

are

to and

1.

pertain
changes
of

chiefly
in the

to

subsection of

"Starting
and

Terminating
errors, other has

Observation",
and is elimination

application
tine

Cutoff

Interruption
One

Faulty
The

Notification
an

v^

irregularitiesvation

change
been

being

made.
from

ma"^in;uni
to

obscr-^"cn~3ll
time

vill both result

b"_fg_lloved
coin of
and

reduced There vill

10

minutes

minutes

calls,

non-coin.

be

mrngy~5g^ngs-ln-o"bserver
~

a.3~a

this

change.

'
.

-^

This

change

in
to

observer the
manner

involvement
ia

will
these to
-^

require
new

high'degree
are

of

ranageEent
We c3-::idcr?-tion

attention will
is

which

procedures problem.
device
to
or

duced. intro-

be

interested

in to
an

your

approach
chan;s2s
tons
or

this

Serious of assist
cord

o^in^
xo

given

design
audible
any

^'"'2 circuitry

the

observing
observers

boards
in

provide

other in

detecting
the

immediately

change

supervisory
concern

signals.

Although
Toll and Assistance other
in

attachitients the unofficial

to

this in

letter

only
discussed

the

Outward also

practice,
and

change

procedure

abovs

".f^^ects revisions

official

observing
be

practicesat
a

Any
later

necessary

obsr:!r^,-ing practices

^;ill

forthcoming

date.

Traffic

95

Cv:rvlce

position
use

obGervIng
of

would

appear

to

be

the

only
The when

other observer's
no

oervice headset Is

rcqulrins
will

the off

plug-switch
during
under

by

the of

observer. conversation

be

switched
to the

periods
observation.

position

connected

trunk

"

'

T}ie of
thus

r-ajor

change iramediately

in

DDD

Outgoins
the
and need

Tnink start
noise

observing
of

is

the

dropping

the

observation

with voluce the It

satisfactory

conversation,
With these of this Cut

elimioating
no

transmission

measurements.

icsasureraents T:-ualc
r.orvice into

longer
is to

recorded reduced.

for reconn:er:ded per

the

present
that the

large
quota
a

quota
on

observations be future

is

dropped

90O

observations

month

pending

detailed

Inquiry

requireraents.

Dial instructions
are

Teletypewriter
to

observing
each of the

will to

also termination

be

affected.
or

Present for
a

observe
answer

atteinpt
desired

period 1,
the

of these desired

ninutes

following
will be

station.

Effective
answer

June of

observations
station.

discontinued

inmadiately

following

As

suggested
would

in

the

f-tiy
the

'f-5 meeting
careful

of

selected of the

General revised
and to

Traffic Outward Toll staff

marked reflect for

I'anagers,
and

ve

appreciate
by
may
we

study
Traffic from all

Assistance

practice
August
10

all

General

J'lanagers
who

equivalent

psaole.
copies suggestions
use

By
of the

receive,

wish

comment,
to
a

up
your

practice
on

incorporating
the measurement
of

actual

sections
more

rewritten
as

making

plan
from
it

valuable customer to
review

tool

field ^"rhen

in

achieving
cojimentg with
a

excellence have been

service

the
intended

viewpoint,
them
a

these

received,
group is issued.

is field

prelimirevision

n^.rily
of the

representative practice

of

people

before

printed

observing

The

insert
as

pages
a

and

corrections

attached
on

to

this

letter Additional

are

not

being

dietribtited for

regular
and

practice training

standing
should

order* be

copies

required

distribution

purposes

locally

reproduced.

Because that
du'ied
a new

substantial of
data

overall be

changes
started
and

are

Involved,
the revised
are

it

is

rococmeaded
is Intro-

accuaulation those

when

practice
now

in

corjpaniea

where

entity

city

suirimarlss

being

produced.

Poxy
Service

questions
section

your of

people
the

may Traffic

have

can

be

directed group.

to

anyone

in

the

Obi^er'/ins

I'feasureir.ents

Yours

very

truly,

Assistant
^.aciiaents

Vice

President

vo

all

General

Tr^u^f

ic

J^Ianagers

9G

List

of

Principle

Chen,^;e3

1,

ConnQction from Toll

to to

distant

Information

call

reolasaified

Assistance.

2,

"Starting
to

and

eliminate

Tarmlnating observing

Observation"
on

subsection

changed

conversations,

3,

Maximum to

duration

of
on

observation

.reduced
coin and

from

10

minutes

minutes

all

calls,

non-coin.

I4."

Errors excluded

caused from

by

PBX

operators
office

and

extension

users

central

results,

$,

Cutoff
which

and

Interruption
observed

errors

limited
is

to

those

for

definite

evidence

available.

6,

New

Potential

Billing
of of

errors

added details
or

for
on

omission
Toll which

or

correct in-

for in

recording timing errors chargeable wrong

credit 11 seconds

Tickets

and

more

result

minutes.

7-,

Incorrect

Report
when
an

error

now

charged
was

for

report

NC

signal

received,

a giving changed

BY to
an

irregularity.

6.

Present

interval
and

of

seconds

for

the of errors,

difference conversation

bat',-;een tine
to

observer's
for

operator's
Rate and

record

determining
.

Charge

changed

11

seconds

9.

Hew

Rata

and

Charge
information
into effect.

error

added

for to

incorrect
the

or

incomplete
rates go

relating

tijne

reduced

10.

Delayed
to

Acknowledgment
11 seconds.

interval

changed

from

seconds

11.

New

irregularity
when toll

added after

for

failure

to

establish
instruotiona

connection
for

customer,

receiving
connection.

dialing

call,

requests

97

12.

Now aftor callo

irregularity giving

added

for

failure

to
on

of

for customer

option

pliraae
dialabla

diallr.g

inatruotions

13.

Eliminate
cuGooner

irregularity
indicates

for
unconcern

failure

to

offer for

refund

when
.

by
It."

saying,

examola,

"Never

iMind"

or

"Forget

ILj..

Eliminate
abbreviation

ticket for

irregularity
called

i'or

use

of

unauthorized

place.

15*

Base

charging chargeable
than observer's

of time

irregularity
on

for

incorrect
record of

marking
time rather

of

operator's

record.

16,

Assistance

irregularity
instinaotions is tarminated.'

added not

for

incorrect
or

or

incompleta
before

dialing
observation

accepted

correctod

98

5.03
8. Now

No

chango.
Subsoction:

Susponsion obaarving
which

of

Observing
will
be fchs customer

During aquippsd
observer
to

Convorsation
with.
to cut

5.01;
o-u!;
of

Each

sorvlca featuraa connaction

position
will

spocial
tho

enable of

during

periods

cuatosnar

conversation.

5.05
obsorvod
out out

Cord

and

Trunk

Obsorved

Officos
;

Equipped
compiated

with
on

Supervisory
attempt
of start will connection events of of tho of

Signals (excluding
connoctlon conversation tho

On

calls

tho observar
tha oatiaTho cut
ono

official

calls),
followins
the desired

tho

will

Imroodiatoly
with

faotory
obsorvor of tho the

station. and romaln

opsrata

special
tha

aquipmant

out

during
occur.

conversation

period

until

of

following (a) (b)

Release

the

FPU

or

RPU.'
signal
from

Rocoipt
called

disconnect
or

tha

calling

or

station,
of
a

both.

(c)

Rocoipt
or

flashing

signal

frora

either

the

calling

called of
RR

station.
a

(d)

Receipt (FR
or

ringing lighted
where upon events

signal
for tho

on

the duration

front of

or

back the
into condition has

cord

lamp

the observer of
a

ring).
tha

Note:

In

instances

cuts
cord

back

connection
and the obsorved

rocoipt
indicate
or a

signal
conversation is
cut

that

not to

terminatad
recall the

satisfactorily
operator,
conversation
has clearod shs

customer remain resumed

attempting
in
on

shall has
up
or

tho

nection con-

until
recall

satisfactorily,
call under observation

tho

signal
boon
Trunk

the

has

terminated. Observed
:

5.06
tho

Offices

not

Equipped
on

with
obsorved

Supervisory attempt,
with
tha
/

Signals
observation

On

calls
bo of

completed
discontinued conversation.
to

the

will
start

imnadiately

jatisfactory
C" Conversations saction

Followed

Termination

(Formerly

Sub-

B)
Toll; observed
a

5.07

Out'.^ard
on or

Tho

observation shall

on

all

calls
to

coniplatad
tion termina-

the for those

attempt,
of of five service

be

followed This will obsarvad

period
features

minutes. which

provide
at the

aata and

on

are

of

conversation,
Asaistgnce
;

5.03

Observations
on

on ^

non-coin daoosit

calls,
ha3 banr.

and

coin

paid
r.hnll Ail bo obser'/ations to

C.T.113

which
tha

corract

observed
j

droppad

foilowod
if
an

start of conversation. satisfactory coin at shall telephones originating for of fiva minutes or period termination, a at

bo

only
deposit
at in upon

incorr-ict
tha ACJGory of
a

deposit
observer
start

is

obtained^
will cut out

If of

an

incorrect the connection

cut in back ?ara-

is
.'.ha

obtainodj
aatisf

of

convorsation,
condition
as

and

L-aaoipt -raph

cord

slgn.'.l

outlined

5.05.

99

O^fobffr,

196j

5.G2

Trunk

Observed bo in
o!i

OIHcci: both

The sides of

observer of the
or

will

the

ob.server will

is be

reasonably
taken
on

sure

that
same

.lo

further

normally
iirn
c: ":u

the

coiinec-

action

the

cord

pair.

during

the

advancement

customer's Trunk Observed shall Offices b-a continued

on

'i """", i.e., the

recording-completing
cither tho toll that the trunk route

toll termior

tri!i:k, end
It bo in in is
on

line

tandem will

Observinjr
is where

so

!on;r
in
a

one .-".ssome-

!"i-\:.

coritcinplateu
the

observer used
or

waiting
the and

the

trunk,
out

instances

;".;o

particular
rate,

by

an

operator
then

plugs

recoruinj
ing, answer-

npciMior

securing-

directory

signal
or

disconnects after

without

i.ii"orm.ition. the
Z. C-.TV^rjalion* Fo'Iowod
to

disconnects
or

answering
connected

but hn.i

before
an

party

operator

portunity op-

Termination

to

respond.
of the front cord follows shall back be in
in.stances

5.0

Assistance:

Conversations

on

calls be

origand in

(2)
.

The where

release this cord. the from

occurrence

the

release

inating only
such
to

at coin

telephones deposit
is

shall

followed of the back

Observing
of the

ued discontinif it is fronc

if

an

incorrect the

obtained, will be

with followed evident cord

release observed held

cord tha

instances

conversation

events
a

that trouble

cer.niiiiation.

is being start call

to report conversation instances has

or

condition.

Oulxard

Toll

(.3) The
Toll

of in

on

an

Outward
on

v/here,
not

trunk in

S.C5

Conversations
followed
to

on

Sent

Paid
or

calls for is
a

shall

be

*
.

observing, securing
the start The

the the of

observer toll line

succeeded trunk

termination,
where that there

period of
at end
on

tandem

before

10

minutes, of 10

except
minutes will of

indication will data

conversation.

th-: end

conversation
more

.shortly. This
thn.:e fealures

provide
service
or

complete
are

(4)

start

of satisfactory call
on

conversation which the

on

an

which
at

observed

only
has

Assistance-Local
been

coi'.r.octioT! correct
at
a

dmiiig

conversation

the

end

of conversation.

established,
o.t

provided
cail

posit decoin

is secured AH be

originating

a.OJ

conversations followed
to

on

coin

paid calts

shall

telephone.
(5)
The call
answer

termination.

of is

the

called

ojiorator
to
a

on

which for
on
a

correctly referred example,

call,
an

r.nothor distant

C.

cvcnf

Tsrminaling

the

Observation

operator
operator
followed
to
one

hai'.diing; for

Delayed
an

Inward

tion Informaelc.

:" Z7

The of

obsei-.'ation the
reason

slial!

be

operator, (6) Any

event

International

operator,
call und-jr

terminatins
for the

events

specified belov/,
shall be

r.r.l the shown f.-cm in

discontinuance it is not sheet.

identifying
as an

the

servation obcalls
'

"Remar'-^s" entries release

on

v/henever the of the detail

evident
may

Ofnciai
as

call. sucii before and

Oiliiial

other The

not
any

be

recognized
observed be

intmodiacely,
the call in
ir.

and

events shall
summary

(1)

recordins-complstin^,
or

identified routine

classified of

included

t'.ie

tributai-y. switching,
Cirtl Observed will back OtU-ca
be

toll terminal

trunk.

observations.
are or

Obs^rvatioi-.s
to
a

covering
v/ith entries where corcl,
Tro3um-

calls

which Assistant

referred Chief

visor, Supercause be-

Service

Opern.i.or
be

Ob."erving
:."ase of the .'^Jiall be
"p./auor

discontinued cord in and

any

the

re-

of
to

service

difiiculty shall
event,

continued since ^"'^ch

made the the c;".ll'j are then

ac-

normal not

terminating
,;o;;r-'dered

encircliid

instances

Ordcial altern.ate

ca!'.-. order shall con.-.tibe continued disij

back a pKiri^ in "."";;"i'.

an.-iv.-ur a

p.bly

to

trunk

signal,
but
on

and before the

(7)

The

receipt of
a

an

.;i.-coiinocts

afier

nnswcrinij
action

tuting
released,
tions is

i\ew

call. time

Ob.'.en-ing
the

CTptinj;

or

ti'.kir.,;' any

call.

If the
or

at

the

origin-al

circui:

tiu: operator

di-icon-'i'^ois after be

accepting

at ttie time

aciiangj

in tickec

divo:-

c'^li,ob.isrvi.i'i .sh i!! rot

discontir.ued

untii

acknov/lidjed.

PrintjdLT

U.

3. A.

1
100
I

Communication^

IC^V

^O'''^^''^
l"rMll*Tin

^f -^'^^'"'*
menca
WITH

*ri-CIOI

lUS OF^ICt THE OF

iTMECT,
TtLCFMONt

N.W"

WASHINOTON rnOCKAI.
..... "-T7ll

",

O.C.

phisioemt

May

13,

1966

File:
X

6. 1.12.13.57

PERSONAL

AND

CONFIDENTIAL

To:

All

District

and

National

Directors

ONLY

Subject:

Service

Observations

Fellow

Officers:

It sent them We form

a

has

come

to to all

our

attention

from

confidential
on

source

that

AT"T

telegram
cease
we

operating
Service

companies
Observers
to

Friday,
listen in the
a

May
in
on

6,
any

instructing
conversation. and Confidential matter.

to

allowing ought
that to you

thoxight
in order

pass

this

along
your

to
ear

you to

Personal

might
of the

keep

ground

on

the

We than here extends should it in may

are

not flow

sure, from
on

course,

what

the held
are

reason

for Senator not of

this

action

is Committee this You

other

hearings

being
We
on

by
also

Long's
sure

Washington
to be

eavesdropping.
listening
careful of that should any
we

whether

management extremely

in you further

conversations
use

employees. Any
of

how

this details

information. should
on

you

who

might
on

be

in

possession
in contacts order

send board

me

written in with this

report

the

matter No

might
made
to
on

be

completely
the company

here

office. matter.

be
come

in

connection

this

Perhaps

they

will

you.

Sincerely

and

fraternally,

Joseph
President.

A.

Beirne,

NP-2977

102

I
Mounting
MANUFACTURir DISCONTINULO

JULY

29,

1955

No.

11 A

Transmitter
" Hen
rs

Marking

"Itpll

System")

Intended

for unit offices

mounting
in for the

"

No.

309A
company

mitter trans-

telephone
between

ness busiof counter and

observation
customen;

conversations

telephone
Consists of
two
a

company

employees. base,
corda for
two

wooden MlW

glass in.) and

ink
a

wells,
wooden

(4-1/2

box

arranged
in
a

mounting
manner.

the

transmitter Two

concealed the with

plugs

extend
to

through
function

base two

nnd No.

are

arranged
jacks.
AU

371

exposed lacquer

wooden

parts

have

bronze

finish.
No. lOllA transmitter.

Part

of

the

^BiiSO"?a^
0"-u
Catalog
Property o( the Western Qeetrlc Compaoy. Inc. Printed
in

U.S

J^.

JANUARY

29.

1953

No.

12A

Transmitter
(Bears
Marking
"Bgll

Mounting
System")

MANUFACTURE DISCONTINUED

Intended

for

mounting
coi^pany

No.

399A

transmitter offices for bctwi'cn the

unit obcus-

Jl
H

in

telephone
of and of
a

business

^v,
1
-

scr\ation
tomers

counter

conversations
company

"i

\.

'--

telephone
wooden

cmploycL's.
which is mounted the
mitter transwith
a

Consists wooden

base

on

box
in
a

arranfjed
concealed for the
arc

for
manner

mounting
and

cfiuipped
or

two

compartments back which

two set
a

liolding cards
has
a

pamphlets.
cnk-nil.ii

The cards Includes

of

box

holder the

for

furnished cords calendar

with

mountinK-

MlW of

(4-1/2
cards calernLir the No.

in.),
can

nojilacing
'i

he fui and

obtained the
are vi-ur
.

l-y
.

H
I
.

ordering
Two
to

P-2204-10

pad
busi-

I
^_^

plugs

extend with wooden

through
two

aiiiuig''?

"

function

371 have

j.ncks.
a

All
^

x*\]"osed
fmish.

parts

bronze

I.-ict;!!' i

iVrt

of

the

No.

101 2A

transmitter.

Caiai

(k;

l'roi". ilj

i.r

lliL-

Wt..!

103
You're

Smile,

on

Candid Lavatory

Camera
in

"

Camera
"" T.

Is

Uncovered

in

Employee

A.T.

Building

employee privacy of the AT"T has entered the men's Telegraph privy with wide lens final solution to the plaguing of how to keep a camera as problem tabs the of the the entirety on employee throughout working day. of the invasion of the employees Scene at 32 6th avenue was a building lavatory in Xew York for the foul deed offered City. Excuse that was by the Company a of the lavatory. the walls at work was ""perverted mind" scribbling obscenities on from Kevin President of Local to a report J. McEnery, According ployees 1150, emin the 9th floor of the overhead duct in the an building noticed lavatory A few fellow that was noticed ceiling that employees days afterwards, a open. motion had been concealed within of the doors. picture camera When one open
"

Xew

York.

The

last

bastion

of

individual "

empire

has

fallen.

American

Telephone

Local motion

officers
a

of

1150

thorough
a

focused
rate of
a

for

direct
every

frame
a

of the set into were apprised situation, they immediately lens Discovered wide investigation. a was angle camera, side view of the of taking urinals, capable pictures at the 15 seconds. led from the to an outlet Cabling camera cealed constall. Also

in overhead
was

locke"l
was

shower
a

discovered
box with
as a

in

one

of

the

duct,
a

large

cardboard

pigeon
of

hole the

cut

open in

doors the

in side.

the side In-

brown

leather unused

Agency,
camera.

containing
all the

ca.se, identified film and other

property

Pinkerton with the

Detective
use

materials

connected

of

the

Gathering
court in in the

proof
Local

land,

the

necessary got in Lines into

to touch

support
with It

ca.se

that

could

stand

up

in

any

Local, the
call be call
on

that
on

of the charge management to H. F. V. H.

Long
went

unit. its

"usual Vice

AT"T dent Vice PresiWingert, at this to the was point, according the buck act." Wingert passed pass

Lowell

Grobb,

Assistant

President,

who, advised
was

in

his

turn,
that

moved the

the

to

Camming,
more

AT"T
than

Attorney.
but
a mere

Camming
was

suggested
of the involved.

matter the of

handled that said

Local
course,

through something
he'd have

"regular
to discuss

channels",
the matter

obvious

grievance
with his

by Camming,

bosses.

that these however, was throughout tions, conversanot at what remorse Company only failed to show it had but it had done. done, to justify what attempted worse, the of investigation Further, that other methods had been Company suggested used in their scribbler in the 9th floor lavatory. Wrote pursuit of the wall dogged Kevin in Local 1150's this is an "Granted that assault McEnery Newsletter, upon the whether dignity of the male employees which, by design or not. humiliates him, but, in light of the fact that what ourselves they've only acknowledged we and

What

horrified

Local

officers,
the

all that

ensued,

how to know whether this to are we they didn't through carry unnatural end and in the women's illogical and plant a camera lavatory as well? And if this act this, if the Company beyond as persists in acting were them from from is to keep justifiable, what going into our going further very for example, homes, to assure themselves aren't that talking 'trea.son' or. to we their
"

have

discovered,

of 'scribbling the thinking on prevails, then anything goes, because it's based the oldest of all evil philosophies, of the End that on Justifying the Means. This sort of philo.sophy it was Hitler when used was by Adolf wrong ; it's no less wrong when used management." by AT"T Added "In its information bulletin this ^McEnery. situation, AT"T on posted tliat 'we intend wrote Lines to keep clean We safe and Long a place to work. will tolerate not the destructive in this involved actions case.' disgusting, "We would that also 'will not like to put AT"T the tolerate on warning, we destructive actions involved in this We case.' condone disgusting, no scribbling the whatever it was walls, that involved. But on or token, was by the .same we condone either no to observe of privac.v. Despite moments cameras us diiring our what there certain thinks, for management inalienable are rights, even ployees. emAnd unless AT"T acknowledges this, they're going to have fight on a
own

sing

to

their

bathroom

wall?"

The

that we're dirty little argument, point is that if their argument

their

hands."

104

I
APPENDIX
K
^
"

Vn-ic(?print

and

PSE

I
of
human

Technology

is

at

point

where

tape

recordings

speech positively
of

can

be

"analyzed"
identifiable.

to

determine

if

the

speaker

is

(1)

lying

or

(2)

Such

beliefs

appear

natural

result

of

the

age

technology

nich

devalues

the

individual

as

an

employee,

or

as

citizen.

Each

of

these

new

techniques,

"Voiceprint"
having

and

use

of

the

"Psychological

Stress

Evaluator,

"

has

been

observed

as

the

same

probative
been

value

of

the

polygraph,

or

"lie

detector,"

which

itself

has

not

universally

accepted
CWA's

as

sufficiently

reliable

for

use

as

evidence.

interest

in

Voiceprint

arises

from

the

criminal

prosecution
alleged
to

in

1973

of

Stephen

Chapter,

member

of

Local

9404.

Chapter

was

have

telephoned
recorded.

bomb

threat

to

plant

service

center

of

PT"T;

the

caller's

voice

was

poor

quality

sample comparison
trial,

of

Chapter's

voice,

secured

without

^rs

knowledge,

was

used

for

with

the

bomb

threat

recording.

Chapter

was

acquitted

after

court

because

of

the

errors

in

the

Voiceprint

development

tests.

The

Moorhead

Subcommittee

has

significant

interest

in

Voiceprint

because

(1)

the

Subcommittee

several

years

ago,

when

chaired

by

Representative

John

E.

Moss,

made

major

study

of

polygraph
of

techniques

by

Government

agencies,

and

(2)

the

present

stage

of

development

Voiceprint

is

the

result

of

development

grant

to

the

Michigan

State

Police

from

the

Law

Enforcement

Assistance

Administration

(LEAA)
,

Department

of

Justice.

The

PSE

technique

was

described

in

Newsweek

magazine

of

July

23,

1973,

.tor

Counterintelligence

and

Security

Inc.,

of

Springfield,
graphs

Virginia,

developed

device

to

place

key

spoken

words

on

to

measure

stress

and

"prove"

where

untrue

statements

were

made.

The

Dektor

company

performed
General

analyses

of

two

key

Watergate

hearings

witnesses,

former

Attorney

I
John N. Mitchell and former White announced

105

House

Counsel

John

W.

Dean

III.

Dektor

publicly

that

Dean

got

the

highest

rating

for

credibility

and

that

Mitchell

was

not

being

fully

truthful

in

his

answeres

to

questions.

Security

World

magazine

of

October

197

3,

in

an

article

headed

"'Truth

Verification,

"

described

how

the

PSE

system

works,

in

terms

much

like

sales

promotion

brochure.

PSE

is

alleged

to

be

"...

an

important

new

development

in

the

area

of

truth

verification

--

lie

detection

and

stress

evaluation.

It

has

already

demonstrated

its

usefulness,

and

in

the

hands

of

competent,

trained,

and

ethical

operators

it

should

develop

an

enormous

potential

as

an

effective

instrument

and

security

as

valuable

aid

in

the

administration

of

justice."

The

article,

by

Gion

B.

Green,

offers

diagrams

of

spoken

words

and

some

general

information

on

the

technique,

without

scientific

data

reported.

PSE

was

briefly

treated

in

the

New

York

Times

Magazine

of

November

25,

1973,

as

sidebar

to

an

article

on

polygraphs

(lie

detectors)
.

The

Times

article

notes

that

polygraph

tests

have

yet

to

become

accepted

as

court

evidence--

although

the

newer

Voiceprint

has

found

its

way

into

evidence.

The

Moorhead

Subcommittee

should

be

interested

especially

in

Voiceprint

not

only

because

of

the

sizeable

Federal

involvement

in

the

exoerimental

projects,

but

also

because

of

the

wrongs

committed

against

those

charged

as

result

of

the

"tests."

The

terms

of

the

settlement

offered

by

Pacific

Telephone

"

Telegraph

Co.

can

hardly

be

termed

generous,

as

seen

in

the

letter

August

17,

1973,

from

the

Company's

labor

relations

director,

W.

L.

Bowen,

to

CWA

Area

Director

Cruice.

Chapter

was

to

receive

his

back

pay,

less

106

unemployment

compensation

payments

and

less

hi-s

earnings.

He

did

not

secure

|l

compensation

for

his

legal

expenses;

for

such

relief.

Chapter

will

be

requirpd

to

institute

civil

suit.

i
Epilogue.
On June

6,

1974,

the

United

States

Circuit

Court

of

Appeals

for

the

District

of

Columbia

made

the

first

Federal

appeallate

ruling

on

the

"Voiceprint"

technology.

The

court

ruled

that

"voiceprint

identification

is

not

sufficiently

accepted

by

the

scientific

community

as

whole

to

form

basis

for

jury's

determination

of

guilt

or

innocence."*

The

story,

from

the

Washington

Post

of

June

7,

1973,

is

attached.

107

Wf

NOTE:

The 4

following
tables in
"

is

an

extract

of

CWA

memorandum "Voice

analyzing
Identification

the

LEAA-f

inanced

report,

Research.

AJialyais

of

Tablea

These Identification Justice from who is the

tablea Research,"

vere

copied
submitted

from
to

the the tables

report, Department
vere

"Voice of the Oscar

sults re-

by

Michigan
the testa

State conducted convert

Police. under to the

The

direction

of

Tosi"

leading

Voiceprint

method.

The to them
as

tablea up

are

used the These in

error

because

Uazen

drew

my
inherent

attention in testa with the of first of the 6

showing study.

possibilities
tablea "cloaed"

Tosi-directed words,
and the second ranks

give

results

in

single

utterances,

groupings,
apart.
are

samples
and files

taken
on

1 the

month tables

The at p. 41

explanations (copy enclosed)

The
means

biggest
words"

errors

are

in random

the

Rojtvan context. you

can

Numeral You find

III,
will

which
see

"clue that
as

spoken
of in the each
Beta

in

that

within

portion "CD")

table,
and Gamma

many

errors

(lioted

ranks. in

They
and

are,

spectively, re-

telephone
.

transmissions

quiet

noisy

vironments en-

The 31. you had That

went to

table
means

taken
the

from

p.

105
missed

shows 24 you 10
error

24 out
can

errors

in 31 tries. that
errors.

possible
If

panelists
that
one

of
see

refine of
was

further, 27,
and

the

panelists
The
all over-

4
error

out

27, 29%.

10

out

of

out
was

of

27

The

subgroup

14.8%,

37%

and

37%.

Finally,
can

it in the

is

noteworthy
vertical files

that headed

sizeable

number which
means

of

errors

be

found of
to

"P3,"
in other

panelists
who want

criminal be

justice
in

students,
the

vjorda,

the

people

professionals

field.

1
108
[From
Voice
the New York

Times, July 24, 1978]

Ends
in

Print
tape

Trial

Acquittal
frees coast suspect

judge

calls

unreliable

and

The voice print is not yet a reliable Calif., July 23 of means scientists,let alone the courts, a Superior Court judge said today in acquitting a telephone installer of a bomb threat charge. of Marin McGuire Judge E. Warren County Superior Court attacked the voice in general and as riddled with in the case print as unreliable mistakes of Stephen
"

San

Rafael,

identification

for

C.
a

Chapter.
Mr.

making a phone threat to blow up Feb. Telephone on Company 1, 1972. The only evidence of his voice taken when against him was a tape recording INlr. Chapter, who from his job, made was subsequently dismissed work order call. a routine He had refused to make the grounds that it was sion invaa tape of his voice on an of privacy. He connected that he had been identified the culprit because he as the only one of 17 phone employes to so refuse. was The based case against Mr. Chapter was entirely on testimony by the two men considered to be the nation's leading experts on voice prints, Dr. Oscar To.si of State of the MichiMichigan gan University, and his protege, Lieut. Ernest W. Nash state police. Mr. Chapter'sattorney, Robert L. Moran, thought the case even Initially against his client was strong. the prosecution case During the six-day jury trial without jury, however slowly fell apart. At one revealed that Lieutenant had point, it was Xash, who initially identified Mr. Chapter as the bomb caller, later tentatively identified the voice of district attorney as the caller. a deputy Mr. ]Moran Further, the scientists, including experts from prodiiced his own Stanford Research not only questioned voice print reliability but Institute, who also expressed doubt that the voice on the bomb that of Mr. Chapter. tape was In his ruling. Judge McGuire called Dr. Tosi's voice print metho"l start a good but not yet reliable. "Substantial additional research" is needed "before the reliability of speaker identification throiigh auditory and spectrographic analysis is generally recognized and let alone admissible generally accepted by the scientific community, by the legal community," he said.
San Rafael oflBce of the

Chapter, 28 years

old, was

charged with

Pacific

[From Court

the

Washington

Post, June
as

7, 1974] Evidence

Bars

Voiceprints

(By
In here the ruled first federal

Eugene
on

L.

Meyer)
U.S. Court
of
as

appellate ruling
that such

voiceprints, the
may

Appeals
evidence

yesterday

identification

not

be

introduced

in criminal trials. its promise may be for the future," wrote "Whatever for Judge Carl McCowan the court, "voiceprint identification is not sufficiently accepted by the scientific whole to form of guilt or community as a basis for a jury's determination a innocence." The in W^ashington, but as the first opinion is binding only on federal courts
federal

appellate ruling
with other

on

the and

subject,
state

can

be

expected

weight"
chief A

federal

of the U.S. attorney's appellate voiceprint is an electronic that displays in a pattern of lines for process visual analysis the voice sounds of an individual's utterances. The technique, pioneered 40 years used as trial evidence in 1966. ago, first was Yesterday's opinion could also affect the only conviction obtained from several indictments in recent trials here of police officers charged with spiracy congambling and conviction, of Lt. Delmo corruption. That V. Pizzati, for conspiracy Feb. 20. wa.s on based largely on a voiceprint analysis. In the D.C. Court of Ai)peals, one conviction based on a voiceprint is luider appeal. The case involves telephone threats in early 1972 against the president of Federal City College.

courts, according division here.

to carry "a good deal of A. Terry to John Jr..

no

APPENDIX

I
UNION ORGANIZERS' MOTEL ROOM
BUGGING

An

important

example

of

wiretapping

without

the

cooperation

of

the

local

telephone

company

came

to

light

in

February

197

3,

in

Wallace,

South

Carolina.

The

incident

is

part

of

the

long

campaign

of

the

Textile

Workers

of

America,

AFL-CIO,

to

secure

bargaining

rights

for

employees

of

J.

P.

Stevens

"

Company.
discovered attached

wiretap
of

device

was

to

the

telephone

in

the

motel

room

two

Union

organizers

at

Wallace.

The

FBI

was

called

into

the

case

early

by

the

Union

and

Southern

Bell.

The

Textile

Workers

has

filed

$64

million

damages

suit

against

J.

P.

Stevens

"

Company

for

its

role

in

the

wiretapping

of

the

Union

organizers.

The

National

Labor

Relations

Board

has

instituted

new

civil

contempt

action

agains't
of

the

company.

Confronted

with

mass

evidence

against

it,

the

company

suspended
it does not

three

executives

and

issued

statement

alleging

that

condone

their

tactics.

In

October

1973,

after

the

Textile

Workers

had

prodded

the

FBI

numerous

times,

Federal

Grand

Jury

indicted

company

officials.

After

4-day

trial

in

the

Federal

District

Court

in

Greenville,

S.C.,

the

were

convicted

on

wiretapping

charges. $10,000

Maximum

penalties

against

each

are

years

in

prison

and

fines.

111

[From

the

AFL-CIO

News,

Dec.

22,

1973]

Two

Stevens

Officials

Convicted

in

Bugging

Greenville,
of five
years

S.C.
"

Two

officials
and

of

J.

P.

Stevens
for S.C. their

"

Co.

face

maximum in the

sentence

in two E.

prison
labor

$10,000
in

fines

conviction

illegal

wire-

tappinjj
Harold

of

organizers
a

Wallace.

Guerry, engineer,

Stevens
were

personnel
found

director,
in action trial federal
on on

and district their the

Larry
court motion

E.

Burroughs,
here. But
new

a tencing sen-

plant

safety
is

guilty
court
a

being

delayed
came

pending
after
L.

for

trial.

Their the Mike in

an

conviction of of

four-day
of the Union

charge

they
Union

had

bugged Dept.
and

telephones
Kirvosh

Alfred the Textile

Motley
Workers

AFI^CIO
of America

Industrial while

they

were

engaged

organizing bug
room was

campaign.
found Wallace
Stevens

The motel drive

by

telephone
was

company used and

as

worker the

last

January
in the

in

Motley's

in two in

which

headquarters
were

organizing by
a

at

plants.

Guerry

Burroughs

indicted

federal

grand
The

jury

October. which has to

a

company,

long

record itself had been

of from

anti-union

activities and

and

labor

law
the

violations,
indictment In
a

attempted by announcing

dissociate
the
two

Guerry

Burroughs

after

suspended.
neither referred to out. that "J. P. himself
as

their

testimony employe
President

to

the

court,

however,
TWUA

being

"former" TWUA

of Sol

Stevens,
Stetin noted the

lawyers

pointed
the

following
of union
a

trial

Stevens
motel

"
room on

Co.

lied

when this

it
year

charged
was

that

bugging by
the

union order

representative's
to

early
Stevens "Twelve

staged

in

place

the

blame

the

company." jurors
studied the did is that
to

evidence

and

came

to

the

conclusion

that

this

Watergate-style
"The

incident
of it all

indeed two

happen.
company its officials workers
were

pity

used

as a

pawns

in

J.

P.

Stevens's
declared. "The
was even

unlawful

attempt

prevent

from

forming

union,"

Stetin

company's
less credible

claim
than

that
the

its

two

convicted House claim Stetin

a

officials
that

were

acting Watergate

on

their

own were

White

the

tapes

accidently
Wlien
in also the

erased lUD

by
and

careless the the

secretary."
filed

declared. civil and the

state

TWUA
company

multimillion-dollar

damage
Stevens

suit

August
denied Stevens

charging
it has courts NLRB
was

that involved

violated

federal
and called National

statutes,
a

in

the

bugging
orders TWUA.

suit Labor

publicity
Relations

stunt.

repeatedly
to

ignored
with filed
to
new

by

the

Board

and The the The

the

bargain

the

recently
with also failure called

civil

contempt
with earlier at a.sk

actions court in at

in

federal

courts

charging

company XLRB fired than

comply
an

orders.

off who before

election to

Wallace

September "captive

after audience"

Stevens ings meet-

illegally
less

employees
two

tried the

questions
vote.

days

scheduled

112

i
M

APPENDIX

f
MpriirRi

te!

Information;

How

Private?

I
The erosion of

"

privacy
the

rampant physician's
devised

in

the

land

has

moved

into

the

medical
ce

profession; iver-present
citizens'

although

examining
efficient

room

is

itself

inviolate,

the

snoopers

have

ways

of

learning

details

of in
I

private
The most overt

lives. Ct and blatant attack

on

medical

data

privacy
in the

came

within K

the

February

1973

proposal
were

for

new

rules

of

evidence

Federal

courts. k

The

proposed
approval
role in

rules

transmitted

by
Conference.

the

Chief

Justice

of

the

United

States,
T

after

by
the

the

Judicial

The

Nixon

Administration

played

major

preparation
504 to

of

the

proposed
a

rules

of

evidence.

Proposed
become

Rule

was

establish

"psychotherapist-patient"

ship, relation-

to

far

narrower

category

of

privileged
on

communication

than

the

"doctor-patient" (See
Beirne

relationship,
letter of

which

is

based

long-standing

custom

and

.sage.

March

9,

1973,

to

Chairman

Hungate
Reform of

of

the

House

Judiciary
for the
CWA

Committee's

Special
this

Subcommittee

on

Federal

Criminal

Laws

comments

on

proposal.)
came on

In

essence,

the

Beirne

opposition

two

grounds:
that

(1),

that

invocation

of

medical

privilege
and

would

automatically
of

mean

the

oerson

was

in

psychotherapy,
would be

(2),

that

the

entire

set

an

individual's

medical

records

producible
become

in

worker

injury
of

cases,

so

that

the

person's

'

own

physician
The

would

kind

"company
of the

doctor."

Congress

wisely
of rules

rejected
which

many

proposed
fair,

rules

of

evidence,

and

accented

set

should

prove

workable,

and

in

Keeping

with

sound

legal

practice.

The

Jack

Anderson

column

of

May

9,

1972,

"blew

the

cover"

off

I
an

existing

service

by

which

the

medical

history

of

more

than

12^

million

113

Americans

is

kept

in

secret

data

bank,

accessible

by

computer-to-ccmputer/
the

telephone
the Medical

line

arrangement.

The

Anderson

coliunn

exposed

existence

of

Information

Bureau,

of

Stanford,

Conn.,

which

provides

centralized

service

to

760

life

and

health

insurance

companies. by

The

accuracy

of

the

Anderson

column

was

confirmed

testimony

later

in

1972

by

the

director

of

MIB,

Joseph

Wilberding.

The

Senate

Banking

and

Currency
MIB's

Committee's

Subcommittee

on

Consximer

Credit

has

been

examining
abuse.

activities

with

the

intention

of

eliminating
-the October

the

dangers
issue of

of

Additional

information

is

contained

in

1973

"Communication:

Today,

"

the

Anderson

column,

and

the

Senate

speech

and

amendment

of

Senator

Edward

Kennedy.
* * *

Americans

are

being

offered

the

wallet-size

"Emergency

MD

Card;'

which

ontains

microfilm

reproduction
advertised milk

of

person's

medical

history.

This

card

service

is

on

carton

panels

and

elsewhere.

The

person

who

is

interested

in

the

service

pays

fee

of

$5,

in

return

for

which

he

receives

blank

medical

history

form

to

be

filled

out

and

returned

to

the

offering

company,

Medical

Identification

Systems

Inc.
,

of

Melville,

N.Y.

The

person

who

wants

the

Emergency

MD

Card

is

required

to

furnish

his

or

her

Social

Security

number

and

to

sign

the

form.

The

requirement

for

the

Social

Security
been

number

is

insufficiently

explained

away

thus:

"Time

that

would

have

spent

gathering

this

information

is

devoted

to

saving

your

life."

Medical

Indentif

ication

Systems

Inc.

does

not

explain

what

it

does

with

the

forms,

once

they

are

microfilmed.

The

Moorhead

Subcommittee

should

inquire

of

any

connections

or

business

transactions

between

Medical

fication Identi-

Systems
"Medical Information

Inc.,

the

sponsor

of

the

Emergency
services

MD

Card,

and

the

Bureau,

which

provides

to

insurance

companies.

114

HKdt

9,

1973

Fil""-

The

Honorabla

Wllllaia
on

I".

Eunga-ta,
Bafora o"

Chairman ?e"teral

Special
Criminal
Corami House ttoe o"

Sabcowanlttaa Ziawa
on

tha

Jadiclary
-

Kaprssantatlvas
D" C.

Washington,
Dear Hr.

Chainaan:

"2lalaa 'The proposed racently i-:agi3tratas,

"

o"

Evidanca of

for

United SubcosnuLttee

States
'

Courts
3

and

Buiject

yoar

examination,

contain

numeroua

quaationahla
of

aspects.
Labor

From to the tha

or even

the in Rula
can

standpoint
504,
504 ia tha adc^stad

Unions,

the

chief

defect

appears
Ix

lie
new

Rule

"Psychotherapiat-Satiant
for be that
uaa an

Privilaga."
federal worker under gernana court may

in

tha

syataia,
find his

result her

very
set of of those
caaa.

well
rnedical

injured produced
non"

entire if
laoat

records
are.

subpoena"to tha

records

^wholly

accident-injury
The
conss a

result jvind of

thus

would

be doctor."

that

tha

vorlter's

own

physician

be-

"coapany

Under closura that tha of

proposed
his
doctor mental accident. is
one
or

Rule her

504,
n"dical

vrarlcar

attaapting
will This at, and in effect "would

to

prevent
ba into to

dia"

records

proclairaing
qi^estion
ths tha

is

psychotharapist.
condition Under vho

call

tha

-ivorker's

b""ore,
tha

subsequent
in
treats 504 tha

vror'-c-ralated

definitions,

(a)(2),
patl-="nt"s
Tha would ba

I^ychotherapiat
r.;ental
or

diagnoses
illness

and/or drug
drug

enaational of enotional

condition,

presu.'TOtion
i-escaoable.

including and/or

addiction. addiction

115

If

producUoa
und"r nwdlcal "Mc:^ sai:ri"a

of

p"raon*9
the contas^ also

esfeira of ifotild

aat

o"

osdlcal

record

wsz"

requlrsd
various
ca3".

aabpo"n", practitioners
In

cortaaltatlons ba coold In thm record

b"tveen
of

th"

ioedical

records to

Include
of

iaat:eriaX ths -Morjcsr

vriollj
nowtbst

noia"gsnaans^
"""

i:fat

damaging

thm

Interssts

A.

corolXary
to

obj"ctioa
as

is contant
wars

that
of not

-woxkar'o any conv"raatioa

to

physician
vith

might
ti"
cas*.

be

obligad
eves

tastixy
coav"rs"tioa

to

vorl^sr,

I"

th"

ralata^

tbs

injcsy-

"ax9^

T""

rLirana is
ob"

ar*

\mdar

tb"

isqarsssloa
crmwrn

th"t

tha Th"
3""n

"doctor-Patlant**
extantof this th".

relatioii^tip'
genaral
quoted
fro"

of
of

privilsgad
that

1. catioiu
can

aecaptasca
p.

relationship
Prsventioa
-

b* ^anaal

froa
for

tszt,

1236

of

"Accident

XodostriaX

CpaxatioBui,.
Council*

6t2i

Sdt1ri.oa*

(1S69)
"

iawaad

by-

tbar

Uatlosal.

Safety

*Altho"g)x
to
a

th"

eapLcTfer
*

is

entltlad
frora not and
ox

koov

tbe

indivldnal

limitations be should

pi

nrwiasTit detral

standpoint,
1
That
s

hav"
oental

specifier
cocditloo.

of

Ms
tha to

x^a^iysical.
rsf srral

is,

co"9^"tsd
for
use

examination

reports
is cmdaslrabla

lay

persons
because

In
the

placeaeat phyaician-patiant

it invades and
to

violates
the untrained

rslationahip,
nature.
of
are

fidential con-

soch

r^porta,

lay
facts
the

personnel
into terras

unqualified
of of

interpret
this

nsedical is

work
ti"

significance; phyaicisa."

responsibility

It

is
too

our

positioa
in view

that of

the
a

proposed portion
ox

Rule of the

504

can

be
Rule

intar-

pretad
"Caarssiy
V/hile

videly,
Hsceptisnsi

proposed
Xssvatarial

802,
**

Availability (4)
statements
ox

Declarant

subparagraph
medical
or

propossd
to those is

Rule

303

ostensibly pertinent
of

llaits to if

ad-

Dlssibla

"reasonably
the
no

diagnosis
the

trsataent,

"

there

poaaiblllty longer
exists.

abuse,

"doctor-patient*

relationship

Cn the

behalf
of

of

the

Commanicatioas

Workers

of

Aiaarlca,

urge

rejection

Rale

504,

as

proposed

The Inf court

proposed

Rule

509, appears
and

"Secrets to be
an

of

State attarrat of the O.S.C.

and to "Fraedora

Other

Official

orr"tion,"

clearly
the of that intent

subvert,
of It be is used

by
laforfortunate un-

action,
Act

opsration
cited
of
as

nation

1957"
the

otherwlsa

552.
can

concept
that ia

"national

security" embarrasstng
to

to and

suppress

information This
rule

nssrely
be

officials
nrare

agencies.

also

should

rejected,

barring

specific

116

covarago

of tha Tha
oa

garni parson

inw

dafensa

mat

tar orsatioa

a.

Propoaea
to Act" underta3ca

Hula

509
a

would burdea
the of

requira

see}tLng
of

inf

appeal.
burden

"Fraedoa

Infor^oation
to demonstrate

claarly why
the tha

placed
information tnfonnationla

tba

gov^mtnant
not

sought gatharlxig
a

should
process to ti"

be
nore

relsasad. cumbersosid,
of

By

raaldng
tha in to the eaactmant

govarnzsant

Blgnallng
"

return

days

"aacrecy prior

public
of

interest,
tha-

which
Act.

vaa

tha

statutory

language

1367

TTa

cojaoBaaad

tha rulaa.

Subeosaaitts"

for

ita

diligent

exaoinatloa

o"

tha

proposed

Sincerely

yours.

"JOseab grw"ld"nft

A.

Bel"aa"

118

also

operate
The HEW

with

SSN

as

the

major

identifier.

Secretary's

Advisory
itself has

Committee

report
in the forefront

notes

that

"...

the

Federal

government
All

been

of

expanding

the

use

of

the

SSN.

these

actions

have

actively

promoted
identifier--

the

tendency
workers,

to

depend
taxpayers,

more

and

more

on

the

SSN

as

an

of

automobile

drivers,

students,

welfare

beneficiaries,

civil

servants,

servicemen,

veterans,

pensioners,

and

so

on.

If

use

of

the

SSN

as

an

identifier

continues

to

expand,

the

incentives

to

link

records

and

to

broaden

access

to

them

are

likely

to

increase..."

(p.
continues

121)

The

HEW

report

the

discussion

of

the

expanding

use,

or

over-use,

or

even

abuse,

of

the

SSN

by

noting

that

safeguards

are

needed,

otherwise

"...there

can

be

no

assurance

that

the

quences conse-

for

individuals

of

such

linking

and

accessibility

will

be

benign.
unwarranted

At

best,

individuals

may

be

frustrated

and

annoyed

by

exchanges

of

information

about

them.

At

worst,

they

may

be

threatened

with

denial

of

status

and

benefits

without

due

process,

since

at

the

present
without

time

record

linking
the

and

access

are,

in

the

main,

accomplished
interfere,

any

provision

for

data

subject

to

protest,

correct,

comment,

and

in

most

instances,

even

to

know

what

linking 121)

of

which

records

is

taking

place

for

v/hat

purposes."

(p.

The

HEW

Advisory

Committee

recommended

against
and administrative

use

of

SSN's

as

the

standard

identifiers,

by

legislative

means.

The

report

insists

throughout

that

the

challenges

raised

by

computer-

based

personal

data

record-keeping

should

be

examined

broadly

as

important

issues

of

social

policy

rather

than

as

narrowly

conceived

questions

of

record-keeping

technique

and

imaginative

system

design.

119

The

Moorhead

Subcommittee

has

taken

this

report

under

close

study,

in

preparation

for

the

hearings.

The

Subcommittee

should

be

urged

to

inquire

of

"The

Good

News

Publishing

Company,"

of

Canton,

Ohio,

about

its

advertisements

such

as

the

one

appearing

in

Parade

magazine

of

October

7,

197

3.

In

the

ad,

"Good

News"

offers

book

of

advise

on

Social

Security

problems

and

benefits.

The

coupon

for

ordering

the

book

contains

space

for

the

book-buyer

to

fill

in

name,

address,

and

Social

Security

number.

"Good

News"

promises

to

send

that

portion

of

the

order

coupon

"to

the

proper

government

office,

"

presumably

the

Social

Security

Administration,

HEW.

Does

"Good

News"

make

copy

of

the

"Request

for

Statement

of

Earnings"

portion

of

the

coupon?

For

which

reasons?

To

whom

would

such

SSN

information

be

conveyed,

and

for

what

purposes

would

such

persons

or

companies

be

securing

and

keeping

such

information?

120

no

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121

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122

DATA

BANKS

PROBLEMS

Although

President

Nixon

said

the

time

is

right

for

major

initiative

to

define

citizens

'

rights

in

the

data

bank

privacy-

area,

the

response

to

be

expected

will

be

weak.

In

the

State

of

the

Union

address

of

January

30,

1974,

Nixon

appeared

to

call

for

new

safeguards

of

privacy

and

basic

rights.

The

flaw

in

the

Nixon

speech

was

an

implicit

view

that

the

privacy

problem

is

simply

that

of

ensuring

that

the

machinery,

such

as

computer

data

banks,

"bugs,"

wiretaps

and

other

snooping

aids,

are

not

improperly

used.

The

major

defect

in

this

approach

is

that

the

technology

can

be

easily

used,

often

without

detection.

What

clearly

is

needed

today,

in

order

to

protect

the

rights

of

the

First

and

Fourth

Amendments

to

the

Constitution,

is

stringent

law

which

would

be

analogous

to

the

statutes

forbidding

the

mere

possession

of

machine

guns

and

other

automatic

weapons.

The

last

decade

of

American

history

has

shown

conclusively

that

the

existence

of

device

automatically

leads

to

the

use

of

that

device

and

probable

abuse.

In

July

1973,

the

Department

of

HEW

released

the

Report

of

the

Secretary's

Advisory

Committee

on

Automated

Personal

Data

Systems,

entitled

"Records,

Computers

and

the

Rights

of

Citizens."

This

report

explores

the

many

ways

in

which

governments

can

store

vast

amounts

of

data

on

individuals,

without

concern

for

the

issues

of

privacy

involved.

This

HEW

report

makes

number

of

recommendations

123

for

legislation

and

agency

regulations.

Rep.

Barry

Goldwater,

Jr.,

has

introduced

H.

R.

11275,

the

"Code

of

Fair

Information

Practices

Act

of

1973,"

to

legislate

the

safeguards

described

in

the

HEW

report.

The

Goldwater

bill,

which

includes

as

co-sponsors

liberal

Democrats

and

conservative

Republicans,

would

accomplish

basic

guarantees

for

the

individual:

(1)

the

right

to

know

the

content

of

computer-stored

information,

(2)

the

right

to

contest

the

legitimacy

of

such

information,

and

(3)

the

right

to

be

informed

of

all

uses

of

such

computer-based

files.

The

HEW

report

cites

problems

in

the

area

of

criminal

records

in

computerized

systems,

making

several

recommendations

to

curb

the

possibility

of

abuse.

As

of

mid-February

1974,

the

Department

of

Justice

did

not

have

unified

position

on

the

corrective

legislation.

1
124

I
APPENDIX O

statement

of

CWA

Local

President

on

Monitoring

As

understand

it,

the

two

reasons

the

Company
is for

finds

it

necessary

to

monitor

telephone testify
one

lines

training
other
on

and

service

observing.
to

cannot

way

or

the

the

benefits

telephone
the

business

on

service

observing.

But

can

testify
the

to

monitoring
for well

aspect
over

for

training
This

purposes.

have

worked

on

test

desk

25

years.

job
the

consists

of

testing
is

all

reported

subscriber

lines,

determining
the

where

trouble

located,
monitored

working
from

with

outside

men

on

poles,
locations.

etc.

My
One

position
of the

can

be

at

least

two

different

positions,
breaks
to

know

of,

is

small

room

which

supervisors
coffee

use

for

their

have

coffee.

Besides

the

office

pot
in the

it

consists

of

monitoring (all
.

system
test

for

all

the

telephone
control

lines

entire

test

center

desk

positions, telephones
of outside

and

dispatch
the frame

center, room.)

repair
All of

service

positions, positions
lines in

and

located

in

these

consist

telephone
performance
These subscribers of

lines

as

well

as

company inter-

which,

in

the

their

job,
conversations

the

employee
were

talks

to

various

subscribers.

monitored

without

their

knowledge.
coffee,
who

Furthermore,

there

were

supervisors,

-while

drinking
of

their

were

listening
who did

to

conversations

on

loudspeaker,
them.

employees
our

conversations

not

even

work

for

Many

of

members

make

and

receive

personal
that their

calls.

We

have

alv/ays
v/ere

suspected,
also monitored

but

could

never

prove,

personal
certain

calls

by
which

some

supervisor.
tended
to

There

were

remarks

m.ade

by
v;ere

supervisors
monitored.

make

up

believe

that

personal
it.
As

calls

But

again
receive

we

had

no

way

of

proving
desk

President

of

the

union

calls

on

the

test

from

members

vho

have

problems

with

the

company,

from

other

union

officials

on

126

f
on

statement

of

CWA

Local

Vice

President

Monitoring
197 4

March

17,

Mr.

President,

CWA

Local

Dear

In

answer

to

your

request

of

information

pertaining
of what
I

to

telephone

company

monitoring

systems,

let

me

tell

you

know

about

the

"service

observing

system"

in
.

The

service

observing
central

desk

is

located

in

the

traffic

department

in

the

office.

Two

girls

operate
desk

this

desk

and

their

tours

are

very

unusual.

They

may

cover

the

at

any

hour.

Sometimes

the

desk

is

manned

late

at

night,

sometimes

very

early

in

the

morning working

and

on

occasion

not

at

all.

On

rare

occasions

both

girls

may

be

together

for

the

.board

has

two

positions.

The

board

is

located

in

room

by
the

itself

and

the

only

person

in

thera

are

the

girls

who

operate

desk.

The

service

observing

system

itself

is

very

elaborate.

At

present

the

desk

can

monitor

calls

in

and
,

but

understand

that

another

remote

end

is

being

established

in
.

Each

week

list

of

working

central

office

equipment

is

given
leads

to

the

central

office

repairman.
from

The

repairman

places

observing

on

this

equipment

and

then

on

when

ever

call

is

made

from

one

of

these

lines,

the

number

dialed

is

printed

out

on

tape

at

the

observing

desk.

The

observer

then

operates

key

which

enable

her

to

monitor

that

line.

She

is

supposed
without

to

only

listen

long

enough

to

determine

if

the

call

went

through

experiencing

trouble,

but

there

is

nothing

to

prevent

her

frorr

continuing

to

listen.

127

The

observer

can

monitor

only

one

line

at

time.

If

she

is

monitoring

call

from

lead,

she

cannot

receive

thing any-

from

any

of

the

others.

However

in

there

are

20

leads

placed

each

week

and

in
,

37.

So

you

see

there

would

almost

constantly

be

call

on

one

of

the

leads.

hope

this

information

helps

you

in

your

investigation

of

monitoring

systems.

Very

truly

yours.

128

statement

of:

Louis Executive

3.

Knecht,
Vice

Presidi='nt,
.Vorkers of

CoTTiunications

America

Before

the

Coanittee House General of

on

the

Judiciary,
Maryland

Deleftit"?s, Assembly
of

Mr.

Chainnan,

my

naine

is

Louis

5.

Knecht,

am

Executive

Vice

President

of

the

Communications

Workers

of

America,

labor

union

representing
industries,

one-half

million

nen

and

women

employed

in

the

telephone

and

other

Accompan:'/ing

me

is

John

liorgan. Montgomery

Administrative

Assistant

to

the

President

of

the

union.

7/e

both

reside

in

County,
communications

We

who

work

in

the

ir-.dustry

are

greatly

concerned

over

the

actual

and

possible

abuses

of

the

technology

now

e-cistent.

V;e

have

teen

follo^'ri.n"

the

areas

of

privacy

and

wiretao^ing

or

monitoring

for

number

of

years,

iVe

are

here

toda/

to

voice

the

support

of

the

union

for

House

Bill

1678.

As

we

read

it,

f.ie

bill

would

add

sev-^r.il

tiroTislcns

to

the

criminal

la-'s

of

".ar.rland

to

restrict

monitoring

of

cciveTations

over

teleo'ione

circxLts.

Ho'ose

Bill

l6'/'8

includes

several

^ood

features

of

House

Bill

962,
and

TThlcn

was

vetoed

June

1,

1973.

Mr.

Chairman,

the

Omnibus

Safe

Stre-^ts

Crime

Control

Act

of

1968,

Public

Law

00-351,
privacy.

trade

import^-^nt

andhnwise

changes

in

Federal

lavfs

dealing

vfith

communications

Title

III

of

the

1968

Act

s-ecifically

allows

telephone

companies

to

r.onitor

telephone

conv"r?ations

"for

r.iechinical

cr

service

quality

checks,"

The

same

Title

gives

identical

pr.^vers

to

the

'rederrJL

Co"-.~'inication3

Gom-iission.

Those

who

interc^"["t

by

this

leci^ili-ied

r'.cnns

are

allo".'"d

in

the

co'-ir'^e

of

their

erroloT.ont

to

disclose

contents

of

cor^-n.uni

cat

ions.

The

lecisl.-".tive

intent

of

that

oart

of

the

1963

Act

was

theoretic-ill','

to

allow

monitoring

for

ourpose?

of

service

qaalitv

nbpervin"',

not

for

discioliniig

enolorees.

129

Unfortunately,

the

law's

anticipated

safeguards

have

not

proven

effective.

The

current

iifatergate repeal

scandal

has

shoivn

how

many

problem

areas

exist.

Ollk

is

attempting

to

secure

of

the

too-permissive,
^ on,

urwrise

Federal

law

and

to

seek

strengthening

of

safeguards. 1678

Further

will

coTment

on

this

activity.

H.B.

sets

forth

new

restrictions

on

telephone
stated

conroanii^s, policy

their

officers,

ei!5)loyees

and

agents.

For

more

than

$0

years,

the

of

telephone

companies
of

has

been

to

monitor

in

order

to

evaluate

the

quality

of

service.

This

type

nionitoring

was

written

into

the

1968

Federal

law.

However, companies

by

stretching

of

the

legislative

intent

of

that

1968

Act,

the

telephone

are

continuing

to

use

monitoring

for

disciplinary

purposes.

Recording

by

electronic

devices

and

written

notes

has

been

used

to

foi^

the

basis

for

disciplinary

action.

CIVA

is

especially
en^jloyee

interested

in

enactment

of

the

proposed

Section

557-1,
to

which

has

several

protections.

Telephone

companies

would

be

allowed

continue

the

practice

of

monitoring,
electronic

if

necessary

to

observe

service

quality.
TterKction

However,
would

all

forms

of

written

and

recording

would

be

prohibited.

protect

^n

enployee

from

having

his

or

her

calls

recorded.

At

times,

it

is

necessary

for

an

employee

to

call

doctor,

lawyer,

clergyman
such

or

spouse

because

of

personal

problem.

It

is

possible

that

the

contents

of

telephone

calls

would

be

included

in

the

eii?5lo3ree's Chairman,

personnel

file.

Mr.

we

believe

service

monitoring

records

are

not

infallible.

We

have

seen

number

of

injustices

done

to

en^sloyees,

and

Tv-ish

to

provide

few

examples

from

our

files.

few

years

ago,

Bell

System

company

allowed

installation

of

telephone

monitoring

console

in

the

bedroom

of

chief

operator's

horns,

in

order

that

the

supervisor

might

monitor

without

detection.

After

several

enployees

were

dismissed

because

of

the

records

from

this

monitoring,

CT.VA

fought

the

case

throuf^h

the

State's

labor

relations

agency.

After

long

procepding,
The State

the

company

was

required

to

pay

back

wa";es

and

otherwise

make

amends.

agency

ruled

for

the

employees

because

130

I
no

visual

and

thusj

positive

observation

was

possible.

We

at

CTA

often

have

atten^ited

to

imagine

the

kind

of

person

who

would

have

monitoring?

equipment

installed

in

her

bedroom.

And

we

have

wondered

whether

that

chief

operator pastime

ever

allowsH

her

friends

to

listen

in,

possibly

as

more

interesting

evening

than

watching

TV.

The

written

records

of

monitoring,

on

prepared

forms,

contain

maitT'

areas

best

described

as

subjective.

For

exanple,

the

operator

can

get

demerits

for

"faulty-

judgment,"

"faulty

start

of

conversation,"

or

"failed

to

be

helpful."

The

fonn

contains

many

other

subjective

"criteria."

In

business

offices,

the

Bell

System

has

used

devices

otfter

than

telephone

taps

to

listei

in

on

conversations

between

custoner

and

enployee.

The

monitoring
uniti

can

be

done

through

concealed

microphones

installed

in

the

desk

calendar-inkpen

(J.VA

has

acquired

pages

from

V/estern

Electric

supply

catalogs, point

with

drawings
that

and

descriptioi'ss

of

use

given.

In

the

use

of

this

equipment,

would

out

neither

party

to

the

conversation

would

be

giving

consent

to

the

eavesdropping.
remote

Telephone

technology

now

has

advanced

to

the

stage

where

monitoring

is

possible,

with

little

limitation

on

location.

Equipment

in

certain

central

offices

can

be

accessed

by punched.

the

use

only

of

push-button
unauthorized

telephone,

on

which

certain

sequence

of

digits

is

In

the

event

some

person

has

gained

access

to

the

code

numbers,

he

can

listen

in

without

detection

on

the

line

of

his

choice.

The

abuse

of

such

equipment

is

chilling

prospect.
is of

Another

exan^jle

will

cite

the

use

"Voiceprint"

technology

against

Ci/A

member

in

California,

who

was

suspected

of

having

telephoned
On

bomb

threat

to

recording

device

in

the

installation

order

office.

cheap

recording

device,

the

company

secured

another

sample

of

this

man's

voice, samples.

ar.d

let

the

"experts"

in

"Voiceprint"

technology

analyze

the

tv;o

voice

The

"experts"

were

able

to

"confirm"

that

our

nenbor

was

the

culprit.

After

long

and

arduous

work

by

the

iT'-ii'ber'p

\B.vnjCT,

the

court

oisniSFed

t!.e

case.

most

persuasive

factor

in

the

131

dismissal

was

an

analysis

of

"Voiceprint"

in

Department

of

Justice-financed

study.

An

error

rate

of

up

to

32%

of

voice

san^jles

i"as

demonstrated

in

the

stuc^.

My

final

exan^jle

is

the

discovery

in

1970

that

the

Civil

Defense

"hot

line"

in

the

offices

of

Governor

Mandel

and

five

other

Governors

had

been

"incorrectly

wired,"

the

explanations

given

by

some

very

defensive

Federal

and

Bell

System

officials.

The

transmitter

unit

of

each

of

the

"hot

line"

telephones

had

been

vrired

aroxind

the

transmitter

cutoff

switch,

so

that

each

was

an

open

microphone.

There

were

the

usual

denials

of

intent

to

eavesdrop

on

the

Governors,

The

Wall

Street

Journal

of

March

21,

197U,

provided

good

roundup

of

the

manner

in

which

company

management

vrLthin

and

vfithout

the

telephone

industry

can

monitor

employee-customer

contacts
.

will

leave

copy

of

the

article

for

the

Cornnittee's

use.

Only

two

weeks

ago,

as

reported

in

the

Washington

Post,

the

FBI

discovered

and

confiscated

monitoring

devices

found

in

the

offices

of

salesmen

of

several

Baltimore

automobile

dealers.

The

dealers

are

accused

of

using

the

devices

to

eavesdrop

on

customers

who

were

in

those

rooms

without

the

saletoian

being

present.

The

dealers

are

suspected

of

leaminr;

the

thinking

of

customers

regarding

car

purohases.

If

those

allegations

trove

true,

hope

the

Federal

Government

will

impose

heavy

penalties

on

the

guilty

parties,

as

an

example

of

the

fate

awaiting

the

person

who

uses

wholly

illegal

means

of

gaining

access

to

one's

thoughts

and

private

discussions.

Vt,

"Chairman,

earlier

"'"

mentioned

that

C.VA

w^nts

genuine

safeguards

in

Federal

wiretapping

lavra.

The

union

has

made

strong

case

on

the

subject

to

the

Soeaker

of

the

House

of

Representatives,

who

soon

must

make

appointments

to

the

National

Commission

for

the

Review

of

Federal

and

State

Laws

Relating

to

Wiretapping

and

Slectronic

Surveillance.

This

Ccmmissi

on,

provided

for

in

Section

SOU

of

the

1963

Omnibus

Crime

Control

and

Safe

Streets

Act,

id.ll

be":ln

functioning

June

19,

197U,

with

132

its

final

report

one

year

later.

The

Co;3nission

will

examine

havr

v/ell

or

poorly

tlie

nation

has

been

served

by

six

:'/ears

of

monitoring,

wiretapping

and

eavesdropping

authoritj'-

granted

by

the

1968

Act.

Included

on

that

Commission

are

nenibers

already-

named

by

the

President

and

the

President

of

the

Senate.

A'r.

Chairman,

qmendnents

to

Federal

law

unfortunately

will

be

long

in

coming.

Therefore,

CTA

urges

enactment

this

year

of

K.B.

1678,

to

ma.ke

start

on

the

task

of

restricting

the

practice

of

monitoring.

134
licenses, the commissioner said
its
on

five-man

board
or

will

review at

the
a

IRS

tion situa-

ing. special meetfederal state and If there laws, an official to be a conflict between appears will seek an Georgia's attorney general. opinion from adds, the commission ing Information subcommittee House Government The plans hearings on monitorsubcommittee investigated the government's agencies this spring. The by federal activities, in monitoring "telephone snooping techniques," as it called found 1970, but no federal legislation resulted. In that year the subcommittee without disclosure that at least 52 federal agencies permitted monitoring, often at its next

regular meeting

April 2

possibly

sooner

to callers. The
a

subcommittee
will
never

concluded be able

that to know

"imtil for his

tlie
sure

practice of monitoring
to what extent,
or

is abolished. what lying under-

citizen

for

telephone calls with secret listeners." motive, unwittingly sharing G. Cornish, Now. deputy staff director of the subcommittee, according to Norman in secret is being used monitoring, which "much sophisticated" equipment more he calls "pretty insidious." defend as an such criticism. They monitoring resent companies Telephone "essential they offer monitoring only reason quality-control procedure." The of the work and evaluate to train equipment, the.v say, is to permit employers employes who deal with the public by phone.
he is
BUILDING A

CASE

that. They disciplinary say in x\tlanta show records recurrent employe tool. Union grievances over sions suspenand to have been precipitated by monitoring. The phone firings that appear it wants to fire or to build cases against employes uses monitoring company representative and a long-time persuade to quit, says Mrs. Edgel Crook, a CWA official says the company Another CWA steps up telephone operator in Atlanta. pany are monitoring of employes who conspicuously late or absent. The telephone combe there such actions would be contrary to policy, biit concedes may says The

Communications

Workers

of

America

and

others

dispute
as a

telephone

companies

themselves

sometimes

use

monitoring

than the tendency of companies to drop it rather say phone Telemotives in the practice. Pacific in it implies sinister they engage ing of customers "" Telegraph's that the number using monitorfigures show Public the California is down to 578 now from 1,076 when equipment 15 seconds Utilities in 1966. ordered automatic on an Commission, beep every less been the commission monitored lines. In practice, however, to have seems in enforcing than this to the vigilant leaving that phone requirement, up companies. and When Georgia required telephone labels directory signals to identify licenses 50 of 143 monitors monitored than got their telephone lines, more disclo.se

occasional violations. Critics of monitoring

cancelled.
of bjiisinessservice Georgia law permits monitoring "solely for the purposes commission, which is left undefined. The state improvement," public service last year that Trust Co. of Georgia however, did decide overstepped the bounds when it asked for a monitoring whether were license to determine employes for Area Telecommunications Service line (WATS) using a Wide personal calls during business hours. commission The rejected the application. without the American " Telegraph Co. says its affiliates monitor, Telephone of callers, "approximately billion calls of the roughly one 8.5 million" knowledge the Bell System handles each month. Ma Bell is interested only in its operators' Paul assistant Loser, vice performance, an sa.vs president of operations at ATt"T, and he says "we don't listen to customers customers, talking to other rents period." He says also that the Bell System monitoring equiinnent only to in writing to use it "exclu.sively" for employe employers who training and agree also agree that it is being used. to notify all employes quality control, and who But critics say that wide misuse of monitoring is indicated by the fact that eral one the nation's of communications the Fedguilty party has been guardian from Communications The Commission. FCC special equipment got some in an in 1970 tempt atto use Co.. a unit of AT"T, Chesapeake " Potomac Telephone to trace information leaks, which proved futile. After probing the episode in 1972, the House Committee's Commerce tions investigaO. Staggers (D.. W.Va). subcommittee, chaired by Rep. Harley sternly rebuked the FCC for having eavesdropped "without legal authority and in direct
"

135
contravention
of but the conceded FCC its own and never regulations." The who the had chairman, approved Burch, then the FCC the House panel that "it will not happen again." law

wrong-doing, snooping, promised

Dean

Communications S. Moorhead, Government and Operations Foreign House Committee, Operations D.C. Offlee Building, Washington, Chairman
:

Workers

Washington,
Hon. William Government House Dear the
use

of America, D.C., July 3, 191 J,.

"

Chairman,

Information of

Subcommittee,

Representatives, Raylurn

Mr. of
a

Because

of your

subcommittee's

monitoring
resolution the

enclosing
would For Week company be

tecliniques and adopted by this

record would of the it insert I also deals

equipment
union's
floor

continuing interest in telephone systems, I am June toconvention on 27, 1974, gether

in
on

with of June

verbatim

proceedings
in the

that

resolution. of your from ings hear-

pleased if you
11 and

these
was

materals
my

record article

13. 1974, at which

privilege to testify.
a

further information, your of June 22, 1974, which that "...

a

enclose with the

of an copy determination

BiLsiness

of relatively small percentage Two methods of of calls for information." majority of remote the numbers : use the are First, suggested originating ascertaining of the calling numbers make records to and to determine observing equipment, retrieval of the "411" signals sent by or Information, second, a computerized could service The latter retrieval in the Cincinnati area. telephone instruments of the ordinary customerthat the fashion as be accomplished in much same be interested would call. Perhaps the subcommittee dialed ("DDD") long distance executive's statement, as an adjunct in learning the basis for the company to the telephone monitoring inquiry. Sincerely yours, Glenn E. Watts,

by a Bell System was telephone customers

responsible

for

the

vast

President.

An

End

to

Free

Phone

Information

service Along \\\X\\ "number, please" and the nickel pay phone, free information Led Bell, Inc., headed for oblivion. seems by Cincinnati telephone subscribers for "directory ascall made sistance," which for three months has been charging 20^*for each are most likely to impose information telephone operating companies Co. and York Xew in the next two. or Telephone charges on subscribers year the Wisconsin Co. move. are making Telephone already to try the new Bell is the only major So far, Cincinnati telephone company been directory assistance spectacular. In a month, charge, and the results have business. "This from 75% residences and from thing will calls dropped by 80% T. Dugan, form become in one dent presinationwide or another," predicts Richard deal have a better Bell. "Ninety-five percent of the customers of Cincinnati Bell's customers of Cincinnati now." In others words are paying for 95% 5% for
"

of

directory as.sistance

billings.
LOWER CHARGES

for telephone companies trying charge is a natural sistance try it until analyses of calls for directory aswas percentage of telephone subscribers proved that a relatively small calls them of calls for information. Dugan responsible for the vast majority subscriber. Cincinnati "abusers?" claims and subsidized by the average they are with Bell worked free information calls a month a 20^ out a formula of three Public Utilities went Commission The Ohio along, charge for each call in excess. in lieu of granting a 250 per month rate increase. New York Tel will cut 30(? off phone bills and will also offer its subscribers will Y'ork plan, which three free directory assistance The New calls per month. and take customers almost to put into effect, exempts a handicapped pay year inquiries or phones from charges, and there will be no charge for long distance when unlisted at the subscribers' are request. telephone niimbers Both New York will charge for calls to new and Cincinnati listings that are that has caused not yet published in directories, and some protest. In Cincinnati,
The

idea

of the

information But
none

to cut

labor

costs.

dared

136

I
City Councilman charging for such new Guy Guekenberger listings "is not says fair at all," and cartoon he cites a recent York Peanuts inspired by the New where store charging to tell you the peanut butter is." plan : "It's like a grocery Cincinnati Bell's that the most claims serious objections came from Dugan businesses that utilized calls for credit checks and have directory information have "I tell them, 'I agree l)ut I don't delivery addresses. a problem, you agree that cost of getting the information,' he says. neighbor should your pay your
"

ELASTICITY

gan Dubig surprise to the phone company. and $113,000 a month savings of $12,000, but because there DA fewer is only $19,000 and calls, revenue costs are so many down from reduction in the operator are a 24% $74,000." The big savings come 237. Although 312 in January to a current force from some job switching was there and the were no layoffs. Operator jol)s have high turnover, necessary, made the cuts in its operator force by attrition. company Duga'n admits the Cincinnati some things about plan are not ideal, particularly that have not yet been charging for existing numbers published in directories and
one

In

respect, the
"We

change

brought

admits.

estimated

revenues

of

for

failures

to locate

number.

But,

he

argues,

the

three

free
muses

calls

and

the "we

lower
are

for it. -Essentially," montlily service charge make up calls." making money by not getting more

Dugan

CWA

1974

Convention
SERVICE

Resolution

36A-74-7

monitoring

edge companies of the United States, by their own statements, acknowlthe technique of service monitoring for at least they have employed the last 65 years. is "the company's quality control tool." according Monitoring to the official policy statements. current The included for service bus in the "Omnimonitoring was legal authoritv Control Crime and Safe phone Streets Act of 1968," to clarify the right of a teleto examine the quality of service being provided. The cepts key concompany in the 1968 legislationwere service to allow observing and monitoring on a random mechanical basis solely ". for service of Use or quality checks." information secured into the 1968 for discipline was not written by monitoring
that
. .

Telephone

Act. The Bell in September 1966 began stating in testimony and in other System customer-to-customer public situations that it does not monitor telephone conversations. the system-wide halt to that However, practice reportedly occurred June 1 of that year, after announcement on of Senate hearings on the subject of invasion of privacy in telephone systems. Strong interrogation of company nesses wittion the chain of events was required to establish leading to the discontinuaof tlie practice for the hearings record. Observing-monitoring practice, according to company pronouncements, is not to tape-record conversations and between customer employee. However, company monitored ard there lias been conversations, a practice of taking notes on using standforms, as a first step toward and discipline. The forms techniques are. in the of for accuracy and to provide the gauge of the companies, completeness eyes and the effectiveness trouble of employees calls who operators' services process and business transactions. The cluded infollowing "service indicators" typically are
on

the

service observation

forms

"Failed

to be

"Faulty "Faulty "Faulty

None

helpful." judgment."
of conversation." could most be called in
any

start

voice."

of those In

Such

information

proceedings. employee.
In for

objective. is subject to use in disciplinary employee's records the contact is not in visual with instances, the observer
Public Utility Commission obtained information
unless before the that panies telephone commonitoring supervisory involved were given notice of ruled

1971.
mav

the not The

California

legally

use

by

disciplinary puri^oses,

employees

monitoring.

proceedings

that

Commission

had

established

that

tele-

137
phone
entries In to not

companies generated

keep

response control

were disciplining employees by monitoring. to the telephone companies' claim over

on

the

basis

of

personnel

file

that

secret

monitoring
stated

is needed
:

the

work for

force, the
ease

California

Commission

"It

is

discipline the principle that, if employee the privacy of a communication is being violated, notice should be given of the violation of the privacy." The California added Commission that monitoring may be used if employees to determine need retraining. CWA believes the time is long past due for a tightening of Federal law the on and practices of monitoring service Act 1968 Crime Control observing. The contains an of the National opiwrtunity, in that it provides for establishment for the Review of Federal Commission and State Laws Relating to Wiretapping and Electronic Surveillance. The Commission's are report and recommendations due to be presented to the President and 1975. Congress in June
necessai'y Be it resolved: to enact That the

to

sacrifice

of

Communications
to that
or

Workers of the law

Commission

to look

specifically into abuses observing

random

of America urge the National 1968 Act's authority, and call on

Congress
obtained

amendments

by service
That

to prohibit the use of information so as monitoring to discipline employees ; and

be it further

public commission

the Union at all levels for other and Congressional press of invasion of privacy, to lead inquiries into the broad area to more which will severely circumscribe effective laws all forms of monitoring and and wiretapping to protect the privacy of individuals employees. "Be it further in all states, working Resolved AFL: That through the various CIO Councils, introduce of telephones legislation to prohibit any monitoring the specific approval of the subscriber without the employee." or Mr. the Resolutions Committee Chairman, the adoption of Resolution moves 36A-74r-7. (Applause) President Watts. Yon have heard the Resolution. There is obvious support from

Resolved:

the

floor.

No. Microphone 1, Delegate Boyce, Local 4108. William H. Boyce I would like to Delegate (Local 4108). Mr. Chairman, amend the Resolution the following lines. Line 18, insert the word on "reportedly" between the words "occurred." "practice" and make that That I believe. would more meaningful, On line 74, insert the words "at all levels" between the words "Union" and

"press."
This would line have the Locals like
as

well

as

the

International

working

on

this

problem.
And make" That
on

75. I would
the words encourage

between would

to insert the words "and to public commissions and "Congressional" "inquiries." the Locals, or the states to go to their public utility have that written down
so

commissions. President

Watts.

Do

you

can

have

it in

hand,

please? Delegate

Boyce. Yes, I do. Watts. To be sure President that all have this now, if you will turn to we line 18, the motion is to amend to insert, between the words "practice" and "occurred" the word "reportedly." And then line 74, between the words and on "Union" "press," insert the words "at all levels." And the then
on

line

words
a

"and second
was

75, insert between public commissions."

to the

the words

"Congressional"

and

"inquiries"

Is there The The President

motion

? the

motion

duly seconded.
Seconded from floor.

Watts.

No. 1, for the purpose of speaking on his motion. Delegate at Microphone No. 1. Microphone Mr. Chairman, fellow Delegate Boyce. Delegates : The Bell System and various other not the to employ independent are telephone companies only companies monitoring, or better known by its real name, telephone snooping techniques. Such firms and Delta. Eastern, nationally known corporations as Pan American, and United Sears Airlines, large department as Roebuck, stores, such Macy'.s, of the better knowai Rich's, are some eavesdroppers. 72 businesses 5 governmental and Currently there are agencies on that list, Street as March the reported in the Wall Journal, on Thursday, 21st, 1974.

138
The

telephone
A.T. " T. 1 billion

companies
savs

in every Bell

state

are

offering tc rent

monitoring
3..j million without the
.

ment. equipof the edge knowlni r m

its

affiliates monitor

approximately
each

roughly

call's the
Paul

System

handles

month,

of the customer.

of Operations, A.T. " T., Loser, Assistant Vice President ployers only to emequipment rents monitoring the Bell System that stated also he and for training employee it exclusively to use in who writing agree it is being used" quality control and who also agree to notify all employees that to abide by or their companies ask own do not they themselves agreement an uphold. 1 of employees cause beat this time grievances on monitoring have we In Michigan demote used an employee. to been has and tool it is used a disciplinary as disciplinary tool. used as a monitoring themselves The telephone companies and suspensions over employees recurrent grievances show Union records monitoring. been by to have precipitated firings that appear it against employees to build cases monitoring uses The telephone company to of the The telephone company to quit. tendency to fire or persuade wants engaged in it implies shady than disclose that they are rather drop monitoring

According

to Mr.

motives In

in the

practice.
California
seconds
on

automatic an ordered Utilities Commission Public Public the Georgia and last August monitored lines, beep every monitored label on to put a bright orange Commission required them Service ever, phones. Howphones and an asterisk beside the directory listing of monitored of the phone left up to the discretion been of these practices have some 1966
the 15

companies
I ask

to enforce. your

support
Watts. Betty A. At

on

my

amendment

and

the

Resolution.

Thank

you.

plause) (Ap-

President

Delegate
amendment. like We have

Kruske

4108. Local No. 3. Delegate Kruske, Microphone (Local 4108). I'd like to speak in favor

of this

and Traffic, and now, what seen monitoring has done in Commercial to department. it from department is spreading disease, the company trucks. to monitor Eventually, they are going to figure out how plined, be degraded, disciWe can't afford to sit still any longer and let our members practice on and demoted, suspended, and fired l)ecause of the company's and been left in the U.S. Code of the loopholes that have monitoring, and because
a

the

state

laws your

that

allow

the

company

to

do

this.

and let's close these legislators, your public service commissions, for all. and (Applause) loopholes once for just a moment. Watts. Permit President to clarify the situation me The standing at are We have amendment to the Resolution. people who an We ginning beare the motion. there to the floor microphone on were speak standing The and to recognize them speaking on the amendment. they are now, that to me amendment, though, really does not change the motion, and it appears well both. are on making points your very you ment, AVe are are going to have to vote on the amendgoing to have to vote twice. We not amended. amended or and then as the question of the Resolution on in the same nevertheless. I will continue to recognize you way, 4103. No. At Microphone 3, Delegate Gillette, Local , Fellow R. Gillette Delegates, Delegate Evelyn (Local 4103). Mr. Chairman, and the Resolution. and Guests : I rise to speak in favor of both the amendment of the Traffic Department for many Being a member years, I feel well qualified to speak of monitoring, eavesdropping, against this unfair practice or, more this unfair started has the Plant practice commonly, spying. Now Department with their line status information verifiers remote and they monitoring. The of and threats this monitoring for evaluation is being used are receiving from disciplinary action. Let's stop this unfair practice. I urge support of both this amendment your and the Resolution. Thank you. (Applause) President 6012. Watts. Local Delegate Martin, Microplione No. ."), E. Martin (Local a Delegate Lloyd 6012). I have question on this line 18. As I understand, the it said after Now can "practice," "reportedly occurred." Resolutions I this occurred, or reportedly occurred? Committee tell me whether think it makes whether to say if a practice reportedly occurred, or a difference it actually occurred. Or did I understand that part?

Contact

President

Watts.

Can

the

Resolutions

Committee

answer

the

question?

139
In to tlie question, Committee). regard is testimony taken from tlie system hearings, that the company allegedly by tlie Senate. that they reportedly, or they had stated stopped the practice of monitoring. entitled President Watts. You to a second are question. This is a fact, then? Delegate Martin. President Watts. Well, it is a fact that a representative of the A.T. "" T., when not they or testifying liefore the Congre.ss, stated that they had stopped. Whether with have certainty at this moment. actually stopped, we cannot say 12143. At Microphone Local No. 1, Delegate Dickerson. I move Dickersox the previous (Local 12143). Mr. Chairman, Delegate Carol question. The motion was regularly seconded.

Chaii'man

Crabtree that

(Resolutions

the

statement

are asking about your from the It is a statement

President
from Will close We the

Watts. in

You motion favor hands. the

have of

heard the

the

motion

to close

debate.
a

There

is

second

floor. Tlie Down

is not

all those

deliatable. It requires motion to close debate,

two-thirds hands. The

vote. motion to

signify by raising their

right hand?
debate
are now

Opposed,

by

like

sign. Down
that has to

is carried.
on

question

of the of

amendment the amendment

Resolution. The At amendment

Will

all those

in favor Down and the

the

to the been proposed Resolution, signify hands.

by raising their

right hands?
is carried,

hands. Opposed. question is now

on

l)y a like sign. Down tlie original motion.

2204. No. 3, Delegate Shelor, Local Microphone Brother and Sister P. Shelor Delegate Robert (Local 2204). Mr. Chairman, "service toring" moniof this Resolution. The term Delegates : I rise to speak in favor members. is a mighty weak the company for harrassing our excuse uses sometimes monitored for eight conIt is a matter of record that employees tinuous are hours. This
are

cannot

be
on

service-connected

and this

this I
mean

cannot if

be

tolerated.

you're not in good with until find something the boss, you will be monitored on they can wrong. he tolerated. This is not service-connected, and this cannot (Applause) The has equipment capable of monitoring the quality of senice. and company if the customer is unhappy with there our are adequate complaint departments members service. And I lielieve the public supports our in the service (Applause) that they provide. If the management of the A.T. " T. and other are companies present in the should let them know that we guest section today, then I think we support this Resolution and hundred one nothing less. (Applause cheers) percent I urge Thank (Applause) you. you to adopt this Resolution. President Local Watts. No. 1. Delegate 2100. Forwood. Microphone Resolve to be added a further Delegate W. G. Forwood (Local 2100). I have Employees
monitored

selectivity. By

"

to the "Be CIO

Resolution it further

in all states, working : That throiigh the various AFLof telephones Councils, introduce monitoring legi.slation to prohibit any without the employees." the specific approval of the subscribers or If I get a second. I'd like to speak on it. Tlie motion was regularly seconded. Resolved I'resideiit the floor. At There I will. The "Be Watts. Y'ou have heard the motion. There has been
on a

second

from

No. 1, the Delegate wi.shes to speak Microphone the motion is a request to read again. If you will motion is
:

his

motion.
me.

permit

Woody,

CIO

AFLin all states, working : That through the various of telephones monitoring legislation to prohibit any of the subscriber the employee." without the specific approval or No. 1, Delegate Forwood. Microphone this monitoring, I have had serious problems on some Delegate Forwood. veiy of of years that it has lieen going on with and I have known for a number some the employees because sometimes the supervisors let little things .slipthat pened hapbut down, And it's pretty hard to tie them during personal conversations. have know for sure that they are we listening to personal conversations, and we mation of the inforin which bad grievances a couple of very serious they used some and the company was which the personal conversation, was gained from upheld at the third step. bill in the State So we introduced a Legislature for the first time, working a bill of this type is through an AFL-CIO Council, and in the rush of business of Delegates, in a rush, couldn't serious of the House enough, and the members it further Resolved

Councils,

introduce

"

140
give fair consideration.
between
the It
was

referred
another

to

tlie

sessions. Tliere

will

be

hearing

Legislative Council on July 9, in which

wliicli
we

meets have

will

time. spend more this problem, especially in the small towns. Some of the very that are men the ones that put up the service observing leads are the that are ones assigned to service those very leads. And in the small towns, some of the various people that do the service the people that observing know they
are

opportunity However, we

to go down still have

and

listening to.
I have
a

District
a

Vice

President
on

at

the
own

present
line.

time, Ray
We
are

told
now

to his

put

service

observer

his

he has requested, as a subscriber, that telephone, and he doesn't want And them to monitor. also as a District Vice President of the Local, that he feels that they are to try harrassing him to find out what we are going to do. So I would sincerely urge, everybody all our in our urge, states throughout kind of bills at all on great Union, to introduce this subject and any maybe somewhere have we can And if we some introduce success. bills in enough enough states, maybe they will try to help do some correcting of the action with

because

Donnell, whom they negotiations right he is not having any trouble

in

themselves.
I urge you to

suppoi-t it. Thank

There to

you.

(Applause)
to be
no

President

Watts.
amendment

appears

proposed

the
the

Resolution.

That

Delegate being

desiring to speak
the case, the

on

this will

Chair

put the question. those Will of in favor Down hand? hands. Those

motion to amend, signify by raising their right motion to hands. The opposed, by a like sign. Down amend has carried. (Applause) No. 5, Delegate Brown, Microphone Local 4000. Mabel G. Browa Delegate (Local to address 4000). I wish question, my of the Resolutions through the Chair, to the Chairman and to all Committee, the Delegates considering the Resolution. Service observers and service observing assistants fellow ITnion members. are In addition, there also many related clerical are also performed jobs that are members. Resolution the makes by Union However, no provision for the protection and placement of these members. I would like to know if any has I)een given as to just what is going thought to happen to these members. Pi-esident Chairman did exist take this of what
on

Watts. Crabtree under

The

Resolutions

Committee?

(Resolutions
consideration. is

Committee).
However,
pure to
a we

The not

Resolutions under affect the the

Committee pure context

now

feel that
would of the

the Resolution
service

proposing, that
as

this second would

jobs that

monitoring
You If I
we are

in the

context

Resolution. action that

to

President

Watts.

entitled
are

question.
do away with

Delegate Brown. these titles, and

going

to take

affirmative

the effect, shouldn't Resolution be amended to include protection for our telephone I'nion members? Watts. President This, I think, will classify as rhetorical we a question, intended to suggest that the answer is, yes. No. 3, Delegate Early, Local Microphone 2202. Delegate Dorothy S. Early mission, ad(Local 2202). Monitoring, by the company's is the company's tool. What quality control they fail to do is tell us what We the
name

feel

this

Resolution

have

of that Traffic

tool is.

know it only too well. And if you don't know it, Department I'll tell you it's '"the axe." in our 12 Districts, at least Every day, somewhere of our members one have their service severed by a hatchet-wielding supervisor monitor in order to protect the customer using this tool. The.v tell us the.v must from bad service. listens in on monitored versations, conThey tell us that if an employee she is breaking the secrecy of communications. What tlie operators, they are on they don't tell us is that when they monitor of what has been usually looking for an infraction previously ol).""n-ved visually, what or has been reported by a fellow employee. What they don't tell us is not it and then word, only do they listen, they write down they discuss every
"

in the

among

themselves,

as

well

as

the

observed

party.

And

then

if tlie action

results

it usually does, with all then disciplinary action, which they talk it over of steps of the Union representation. They are actually breaking the secrecy said over communicaticns the telephone. was by repeating what who is guilty in the greatest degree : the employee My question is this : Who the supervisor who discusses the eonverjust overhears hears, records, and ; or

in

142 attachad to that With two little, in this building. clips in on the call. conld be listening-

I
terminal,
^

room someone

It is

of the device obviouslywas original very legitimate. purpose trouble in essential on of telephones an shooting piece equipment time. all the and something the telephone uses man their intention was used clevices were These push-to-talk originally The
"

to be

used in noisy aieas.

the subjectof low budget invasions of privacy,I displaythe "telephonepickup" available at the Radio Shack while
on

And

would
stores

was for $1.19 plus sales tax. Now, this device, incidentally, chased purbe It of can few staff one our employees. a by just days ago little recorder almost into standard recordhigdevice, plugged any any Tliat is a suction cup and children play with, incidentally. that even

simply stick that recordingdevice that and the party calling

you

telephoneand plug it in and you have a of both any telephoneconversation without the call the receiving person receiving party knowing that the call is being recorded. The person to whose Mr. MooRiiEAD. phone that would be attached
onto
a

will record

would
Mr.

know

it? have
to attach
a

would Watts. Oh, yes. They likely for a third person but it would be likely
so

attached it themselves, this to a telephone

tion. telephoneconversa-

it would

be unnoticeable

by

either

in parties

in our Mr. Chainnan, opinionyou did the Nation a great in of when revealed the existence of the Wiite 1072 service October you used for social telecommunications Domestic House Council study on coined the rieeds,otherwise referred to, and perhaps you phrase at that

Now,

time, as the "Big Brother"

In

study.

the executive branch, many departments and agenciesexercise has CWA in which must areas over privacyquestions emerge. power times before, of privacy questionnumerous addressed the invasion Tlie resolution, which 1073 convention. titled enwas at our most recently "The Abuse
some

of

Technology :
recent

Freedom's

Enemy,
with

Corruption's
the material

Ally,"addressed
that
we

trends. It is included

monitoring because of privacy is work and developmental ployee over telephone circuits. The 1070 wiretap of an emaccomplished done by quesof the Federal Communications Commission was tionable
The of its because much invasion
means.

to this committee. supplied on telephoneindustryis a key to inquii'ies

have

Tlie

we tap. installed, was

understand,

l)v management

of the personnel

telephone companv.

l)v the Department judged illegal

Dean III last of Justice. Formei' Counsel John AMiite House had been Kraft told of how the columnist Josepli telephone year cable in with the wires of exuct a telephone knowledge specific tapped fashion from the telephone a or having been secui'ed in some company telephonecompany employee. mation of the industry is that calJe pair inforPublicly stated |)olicy is tightlyguarded, and I tliink normally that is al)Solutely
correct.

the Bell System of safeguardingprivacy is to some degree undercut when incidents like those that I have justdescribed of a telephone that the management comIt is entirely occur. possible The

policyof

143
pany
an

is

placed in

the middle

of

bad

situation when

asked

to

help by

official Government The

agency.
a

be perceivedas can written to protect We legitimate. are hope that laws and regulations all telephone people from being placed in the category of having been misused by apparentlyproper authority. Reporters became properly alarmed about the release of their toll records to Government loud 6 months some investigators ago. Their will l)ut have no assurance. we protests hopefullyprevent a recurrence.
Four years ago, Mr. Chairman, that their "hot-line" civil defense had been wired personal offices, ''open microphones"by which the their offices.This
to

request for help in such

circumstance

of six States found telephones, usuallyinstalled in their the Governors in such sounds had
a

fashion

as

to make

them outside

could been

be audited

from

"hot-line"

system

alert Governors in case of imminent system was capableof gross misuse. Along that line, there are reliable reports of devices

installed for a good purpose, the disaster. However,

ordinarytelephone can
which
hand The one's
set is to be unused.

be

made

be conversation can in the cradle on lying

by which an an microphone through open the telephone overheard when even the telephoneotherwise appearing
into

Kessler reportedthe existence Post reporter Ronald in Washin 1971 after he attended a symposium ino-ton sponsored by the Association of Federal Investigators. As we undei-stand it,the device can be placed at various locations on a particular

Washington
device

of the

telephoneinstrument to be tapped. telephoneservice are remote observing systems, in the weekly trade journal.Telephony. and knowledge of These systems only require a pushbutton telephone is codes. The observingequipment accessed through appropriateaccess to overhear conversations a regulartelephonenumber. It is possible
line, not

only at

or

near

the

Also

available

of users regularlyadvertised
to

without
when

callingand
used

detection, to record them, and even on believe such called numbers. We

outside the
our

local calls to learn the

equipment, especially abuse. is subject to grave telephoneindustry,

of other
areas

Mr.

Chairman,

full text cites a number

the

in which

to compromise privacy of the individual. technology can be a form of would is electronic mailing handling, which One area tried several yeai-s ago in facsimile via computer. This system was

be used

jointPost Office-Western Computer retrieval would

a

would "mail

be

more

cover,"

"INIailfax." as undertaking known This be accomplished without difficulty. effective for invasion of privacy than the system of addresses the return by which mail carriers record o:ily ITnion
entails tended because

individual under surveillance. going to some often technique of "voiceprint" new relatively have courts the voice sample over Recently telephone. evidence in criminal cases as acceptable "voiceprints"

of mail
The

taking a to reject
the technique

is not evidence.

yet proven.
a

However,'until al)out
as

year

The

Federal

ago some Government

coui'ts did

accept "voiceprints"
amounts

has

spent sizable
rates

of
to to

money

Assistance through the Law Enforcement shoAv error Some tests the technique. help develop percent in voice sampling comparisons.

Administration
of up

37

144 We
over are

store medical

to concerned over the use of telecommunications technology information in computers and for the inputand retrieval

lines. telephone

The access numbers. codes include social security One such medical data bank Bureau of Stamford, Conn., is the Medical Information which serves there is a sales 760 insurance companies. some Currently effort for emergency include microfilms of the medical cards which and individual's data sheet. The individual supplies social security numbers. has secured samplesof health insurance policy Now, CWA tion these cards and I have some here. We are concerned that the informathese the of cards the individual medical sellers to suppliedby also bank retrievable without be data centralized to enter as so a may

theindividuaFs

cards there is just of film a littlepiece that is smaller than a microfilm which has the complete medical record of an individual. It is a phenomenal libraries and most public thing-, have that now a device justeither pay a very nominal fee or you can fee to take these kinds of records and supplythem into the machine no and see them magnified size. up to their original This is the application for one of these cai'ds that is going out pretty much This is the card that an to people. as junk mail, incidentally, individual gets at a later date and we will leave all of these here for There is a legitimate for this, and it can reason your later inspection.
a very useful purpose. the potential misuse On the other hand, Avithout proper regulations, of this kind of device is substantial, feel. we in July 1973 in the reporton XoAV, we share the concerns expressed issued by the Depart"Records, Computers,and the Citizens' Eights," ment of Health. Education, and Welfare. This study makes mendations recomfor legislative and administrative safeguards. We would support most of these without hesitation.We are sure that this report is already available to you. We do have one sample copy here, and we would recommend it highly mittee to you for consideration as your subcomgoes about itsAvork. We note Avith interest the recent work of the subcommittee in hearings of Information Act to guarthe Freedom to amend on legislation antee the privacyof individuals and to provide to records conaccess cerning themselves maintained by Federal agencies. We support these serve moves.

permission. of these on one Incidentally,

have examined We the Liberties Union's project on

Civil by the American and collection.CWA would data privacy However, we certainly proposals. support the concepts of the ACLU would the conviction records. ACLU matter of one point, oppose would urge that conviction records be destroyed after the person has served his or her sentence. On the assumptionthat the conviction is a at best unrealistic. proper one, Ave must brand such a proposal Two centuries ago, before our forebears took to arms, invasion of homes by British soldiers privacynormally meant entry into private and mercenaries^ The framers of the Constitution thought that they had quiteadequately And in their of the issues of privacy. disposed I must that aim. But the onrush defense, agree that they did accomplish of technology has led to a deterioration of understanding of the in which the safeguards of the Constitution Avere Avritten into spirit
made proposals

145
our

sacred body of law. I believe your most helpfulin leadingthe Congress to a rebirth

subcommittee's
of the

work is Thank spirit. you,

Mr.

Chairman. Mr. MooRHEAD.

has I have
some

Thank you

taken

ment you, Mv. Watts. I notice the 24-page state20 minutes. That should be a model for all witnesses

before
a

committees. congressional few technical questions to

ask you, because I don't understand

At

page

of these terms. 8 of your testimony you

talk about

"pairnumbers."

What

throughouta telephone company tem systhem for purposes of beingsure you identify you them if they have get them to go to the rightplace,or of finding trouble. So each pairof wires is identified in some fashion and it is the usual parlanceinside the industry to refer to a pair number by which a pair of wires is identified as it goes through all the labyrinthof scriber's machinery and ultimately gets to the telephoneat the telephonesubThe pair number that is usually one premisesor at the office.
have
to be able to

is the meaning of that ? Mr. Watts. Well, as you can all of the wires that travel

in imagine,

mine order to be able to deter-

goes back to a frame. Mr. MooRHEAD. To

what?

Mr. Watts. A frame, which is really of wires that comes out a mass of the telephoneswitching equipment and goes into the distribution

system

numbered

of cables under the streets and which ultimately ends up as two of for and for a negative, s ide one a positive pairs wires, one
terms

justin
Mr. Mr.

of

MooRHEAD. Watts.

so they refer to it as numbered pairs. electricity, Is your testimony that if I know pair somebody's

number,

I could tap that j^erson's phone ? You could more easilytap it. You could at random, I and find where the wires beginto go to a person's home or suppose, go officeand with a device not unlike this person's the two telephoneput

the two wires or onto lugsthey come and listen until out on the persons' voice you wei-e interested in ; or if you knew stenciled on the little wooden block by the pairsyou could That would be a pretty amateurish very easily tap into it at that ])oint. it would because be A interested obvious. way person seriously would probably go about it in a much scientificand sophisticated more

on clips

found you the number

way. ]\Ir. MooRHEAD.

was

This is the way

someone

columnist
who known it was

Joseph Kraft's number

tapped.
them the act of tapping and knew the numbers associated to to the individals who were easier for them to go about

Mr. Watts. Apparently with Kraft's telephone made

carry
out

doing the jobthey did. Mr. MooRiiEAD. At the top of page 9 you talk about "remote observing with a pushbutton telephoneAvho systems" by which a person knows code may listen in on conversations. the proper access
How
would
you

find the

access

codes

and

how

do

vou

use

this

machinery?
In this instance the access codes would have to be known the responknown the be normally by sibility person assigned for making the observations. Here devices these were again originally developedfor w^hat on the surface appears to be a very and

Mr. Watts.

they would

146
reason, legitimate

that is,to

measure

the

of quality

service

beingper-

'

the equipment formed, either by employees of a telephone or company in some instances by those persons who use telephone or systems exhotels. It is a in their businesses such as credit bureaus or tensively

"

of equipment that piece

instructions specific

be purchased or leased. There are can very and the peopleauthorized to that go along with it, have the it would have those instructions available. They would use code numbers used to dial in a pushbuttonor touch-tone type telephone system so they could dial across any line being used anywhere in the

system. And

without the knowledge of the individual talking in could and the line, cut the connection across on on you go literally itself and listen to everythingthat was going on.

Mr. MooRiiEAD.

Thank have

you. Mr. I expired.

Watts.
am

My

5 minutes

going to try

to

keep everybody

clown to that. Mr. Gude. Mr. Gude. No

rightat the moment. Mr. Chairman. questions Mr. MooRiiEAD. Mr. Alexander. Thank Mr. Alexander. you, Mr. Chairman. Thank Mr. statement. Watts, for your very splendid you very much, that my telephone About 4 years ago I had the suspicion was tapped

in my

and I called the telephonecompany officehere at the Capitol, He said no, it wasn't at that time to ask if it was so. representative monitored it for the purthat was electronically tapped, pose specifically of establishing of efficiency operation.

Now. j\Ir.Watts, is that the same thing as a tap ? I it Mr. Watts. Well, depends on what you are usingit for suppose it It is exactly that might cause to be described as a tap or monitoring. kind of pr-ocess that is involved though,and the one that was the same

involved, I
me,

assume,

if

if frankly,

they gave you they didn't

pretty quickanswer.
some

This

prises sur-

make

before investigation

they
is
a

gave
very

been used

that would have The kind of monitoring you an answer. described under what appears to be the circumstances you like this kind of thing that is very much sophisticated

kind of observing "REMOBS" equipment. Mr. Alexander. This was at a time before Government wiretapping received the notoriety that it has in the last several years. determine when one's telephone How is tapped ? Is there does one whether that phone citizen determine not his telea can or private any way is beingtapped? Mr.
out

Watts.

For the ordinary private ing citizen, except for them seekassistance in determiningwhether or not his phone is tapped be very difficult to make and that determination
a on

it would the have

his

own.

have However, the telephone companies

procedure,and if vou

call

telephonecouipany
a

tap

on

and

advise

it the company you whether

express has an
or

the

that your line does suspicion the matter to investigate obligation

to exist any

not

there is in fact found

kind of a tap. ]Mr. Alexander.

Should

that requestbe made

not

aliout that. am sure make the requestin writing, but I would assume and I would think that from a Member instances,

Mr. Watts.

Well, I

writing? ask They mav

of

in

vou some

to

that in at least
a Congress,

phone tele-

request would

be sufficient.

147
Mr. Mr. Mr. Alexander. MooRHEAD. That Mr. Chairman. is all,

Erlenborn. Mr. GuDE. ]Mr. Chairman. Mr. MooRiiEAi). Yes, INIr.Gude. ]Mr. Gude. Mr. Watts, in your with the average been cooperative

Mr. Erlenborn. I have no questions at this time.

have the phone companies opinion, about citizen in regard to concerns

to the extent

wiretapping?
Mr.

Watts.

Yes, in my

opinionthey have, and

is
we critical,

that

our

generalobjections of these kinds of equipto the simple invasion of privacyby the use ment have generally of a company. We in an officialcapacity accepted of service, of quality for such devices tlie observing as a legitimate use draw but we the line there and say that beyond that point it should should of individualsand certainly not be used to invade the privacy for relations be in the field of labor used not collecting management testimonysounds
critical and

raise

information But

for

action. disciplinary think one would the citizens who have

to agree

companies telephone a problem. are Mr. Gude. The telephone companiesrespond rapidlyand efficiently ? to citizens' complaints Mr. Watts. I am generally under the impression they do. and I since am a union Incidentally, representative an ex-employee who of mine of the telephone company, aware are acquaintances if I can of that fact frequently call me and ask me help them find out if their lines have been tapped.I have called the telephone company
I generally to cooperative feel

they have

but

have

not

gotten

response

back

because

I asked

them

to

go

to

the person
be made

immediate check I have requested an asking the question. less inadvertent in generalI have had a more or tunity opporif they got to ask those mIio raised the questionwith me advice and the indication was that they did. satisfactory
and Mr. Gude. Mr.

Thank you. Mi-. Chairman. INfooRiiEAD. Mv. Watts, at page 11 of vour statement you say that Bell and other companies let customers use monitoring equipment. Do I take it from the tenor of your that you think that statement this is improper and a public utilitv such as the Bell System should not

permitcustomers
Mr. Watts.
to you

to

use

monitoringdevices
we

?
we

Well, where
the

say

we

let them, what

tend to indicate

of either the FCC at the State or regulations level the imder that have service tariffs or companies provide city been established. So when other companies use some of the monitoring the telephone company uses equipment similar to that which is in it that where believe that we some done, ought internally, way
to be circumscribed
so

is that under

the

use

would

not be for the invasion of

privacy.

for publicprivacy agreed appropriate and to help some that there ought businesses operate more efficiently, to be proper notification to peoplethat thev are being observed. the public We have cited several instances : in the State of Georgia, service commission that where the telephonecompany requires vides prosuch a piece of equipment to a subscriber that there must be a notice of that, and there is a notice in front of the telephone l^ublic book. You can call the telephonecompany and get a list of all the subscribers that are rentingequipment in the State of Georgia.In the
to
some

And

extent

it might be

148 material
Mr. have
are

we

submitted

to you,
w^e

we

have

list of the

peoplein
mittee. subcom-

Georgia who
Mr.
to

leasing equipment.
And I believe have

MorxGAN.

suppliedthat
You
,

to the

Chairman.
Thank pao-e, the the you very much. have
.

:Mr. MooRHEAD.
us.

been
r^
"

very
nr

ful help-

On

that

same

System, Models recordingunit, and

Watts. manufactured
How Mr.
can

"Alston 870/389, which Tel-tone

Subscriber Dial
includes M-240
a

ing Service Measur-

visual

displayand tape

system."

that be used? is a remote That observingpieceof by the Alston Co. and put into use
we

of the devices This is one known regularlyin the publication kind

equipment that is panies. by telephonecommentioned as being advertised dustry as Telephony which is an inwith that
a lected se-

of

When
will that

the number

magazine. equipment is installed there is a control area, so of telephonelines wired to it or adjusted

they

of the lines dial over it. Individuals then can any one listen to any call associated Avith it in such a way that they can are line that they have "dialed that is being handled by the particular the individuals without talkingon that line the parlancegoes, as up,''

respond to

knowing
Now,
call
was was

that

they are

being observed.
be to determine the employee and
or

the

aspect would legitimate

whether whether
to

or

not the
or

answered

by i)romptly
kinds wanted
set the

he the

she

giving proper
if one Oi)viously,

of

answers

information

calling

party.
to
use

the

equipment and

system

from of lines. It ranges in this fashion. be wired-in lines that can ]\Ir.Watts, on the hung-up phone Mr. Moorhead. One final question, as tapping invention on page 14. 1 have ahvaysthought of viretappinounderstand As I into actual phone conversations, which is bad enough. in the room listen in on conversations the i)hone can vou it, by tai:)ping number where Mr. the Do not that is coi-rect. Unfortunately, I am I understand Watts. enough of a scientist or technician to explain how this is done and In addition, there raise the question myself as to how this is possible. is a which induction, conversation methods of picking up are by process

took this for an abusive purpose, observe any u]), he could dial up and of 10 to a couple hundred a low up

though telephoneis located, even ? that understand I correctly

it is not

over

the

phone. tele-

involving magnetism, the field of magnetism running through it fluctuates you can and lines, as pick up conversations telephone
without
lines. I assume between two contact a direct metallic of of this is involved in tlie sort being able to use something ]"i'ocess to pick that appears to be idle as a microphone in a room a telephone conversation. a up

making

Mv.

with Mr. Watts.

on.

Mooriiead. Mr. Watts, this us morning?

is your

schedule

such

that you

can

stay

like to move I would I can, obviously. If not necessary, If you feel it necessary, I would be most happy to remain. Mr. Moorhead. Our next witness is Mr. Caming of the American " about the stateuients Telephone Telegraph Co. You have made some company

policywhich

he would

be asked

to comment

on.

150
INIr.Camino;, will you come MooRiiEAD. forward,please. If you would rise, please. but the Do you swear to toll the truth,the wdiole truth and nothing truth,so help you God? Mr, STATEMENT
OF H. W. "

WILLIAM TELEGRAPH

GAMING,

ATTORNEY, YORK,

AMERICAN N.Y.

TELEPHONE

CO., NEW

I do, sir. Thank MooRHEAi). you, Mr. Caming. and if you want subcommittee the to We welcome you the whole statement plus the attachment your statement without objection. a part of the lecord Thank Mr. Camixg. you. If you will justindulgeme

Mr. Caming.

Mr.

to summarize

will be made for

moment.

As
our

like to give you a lawyer I would and be as helpful as we can. position

as

complete

an

of explanation

Mr. Mr.

that. Mr. Caming. Moi)KHi:AD. AVo sincerely appreciate I am William Caming, attorney in the generaldepartCaming. ments of priCo. areas of American " mary Telegraiih My Telephone from have since 1965 included, standpoint, a legal responsibility

serving, service obto industrial security, matters pertaining oversightover the Bell System. and privacyas they ail'ect to presentthe for the opportunity I wish to thank the subcommittee and delineate views of the ]^ell System on privacyof communications of supervisory in the provision observing our principally experiences, Government business to agencies. subscribers, including equipment At the outset, I wish to stress the singular tem importancethe Bell Systhe privacyof telephone munications. comhas always placedupon preserving Such privacyis a basic concept in our business. We believe inherent have an customers our right to feel that they can use the degree of privacy they enjoy when talking telephonewith the same pair imface to face. Any undei'mining of this confidence would seriously communications. the usefulness and value of telephone Over the years, the Bell System has repeatedly ui'gedthat full protection be accorded and we have consistently to its customers' privacy, In endorsed that would make wiretapping as such illegal. legislation 1966 and again in 1967, we testified to this effect before the' Senate Subcoimnittee on Administrative Practice and Procedure during its considei-ation of the Fedei'al omnibus crime This is still, of course, our position. control and

safe streets bill.

Control and Safe believe that the Fedei-al Omnibus Crime We Streets Act has contributed significantly to protecting by, ])rivacy of under law and others, pain proscribing existing clarifying among

heavy
or use

criminal of
a

penaltyany unauthorized wire communication.

"or" interception

disclosure

On April 26, 1974, I appeared before the Subcommittee Courts, on Civil Liberties and the Administration of Justice of this House's the Judiciary and discussed our Committee views on on privacyof and communications our experienceswith electronic surveillance,
in principally the
area

(enclosedas
to your in 1970 the Bell 3^ou

Turning

A copy of our is restatement spectfully wiretap])ing. information. background subcommittee's informed as we inquiries, specific under tariff, facilities System companies provide,

of

151
tomers, piisli-to-talk telephonesand transmitter cutoff keys to custimes lind it w lio at (Government agencies, inchiding necessary to eliminate bacJ^groundnoises and distractions (for example, at an phone desk in a noisy terminal ; a secretarytaking teleairlines reservation at dictation ; during use of a mobile car phone ; in a factory or ; construction a site). console or positionsare also Duplicative jacks for switchboard fellow tariff. This enables a subscriber's supervisor offered under or attendant the while into next to to a position standing employee plug otherwise or manning it,so as to provide assistance in an emergency for training and development purposes, unusual or operatingsituation, without relieve another allow attendant to to a call one disrupting or

such

as

in progress. Over the years, the Bell System companies have also been providing under number of subscribers, to a limited observingarrangetariff', ments for
some

rently trainingassistance purposes. CurBell System business 9 million stitutio businesses or insubscribei-s use these arrangements. They are largely members in instances which and receive from, some placeto, of the publiclargevolumes of calls. Airlines, department stores,public of the primary users and Government utilities, agenciesare among

supervisoryand
4,000
to

service

4,500 of almost

such

equipment.
course,

requirements,of Specific
service

for

supervisory observingand
of course, vary somewhat
are locally

training assistance
customers,
to the
so

arrangements,

among conform

that

facilities provided
such

arranged to
key
phone tele-

customer's pai'ticidar

needs. These
as

porate arrangeanents incormultibutton

various and sets, In the

types of

key equipment,
and the bulk

positions. observingarrangements are providedat present as a feature of our automatic call distributing tems, sysrather than through key systems. These vary in size, depending of incoming calls to the business. They may the volume on range from in the instance 60 or less attended to several hundred more or positions main, however,
of these of
a

switchboard special

console

few

airline reservation

centers.

distribute incoming calls in the approximate automatically in the order of order of arrival to the attendant positions sequential their availability. If at a given time all of the attendant's positions are that he will the advise calling party busy, a recorded announcement that all of its attendants has i-eached the company, are busy at the often heard have AVe will and be available that one shortly. moment, reservations airlines that when center. an calling be randomly distributed to the The waiting call will then generally ACD's
next

available attendant.

assistance equipmentis Supervisoryobservingand service training scribers furnished to assist business subby the Bell System companies solely of telephone service being in better evaluatingthe quality ness." rendered by those of its employees handling calls placed "to the busiThese are not employee calls. The implementationof this policy in general, relies on adherence to intrastate tariff provisions wdiich, this of service, impose restrictions and conditions on the provision such as the following : Furnished only to business subscribers ;

152 Subscriber
are

sliall inform

its employees tlieir business

tacts telephonecon-

to observation; subject

provided solelyfor purpose of determinin"r the need for of service rendered by employees the quality of or improvinfr trainino; ployees) to the subscriber (not to the emin the handlino- of telephonecalls" business nature : of an impersonal tion Limitation of use of service to administrative lines only,in connecand service of like nature involving; public use; with hotel semace and not be used for any other purposes, Observino- equipment may of such inform also use ; employees
Service Subscriber
or

shall not

use

service in any

manner

contrary

to tariif

law ; As
a

subscriber must condition to insure compliance, precedent, stated for the the in to use wi-itinir purpose equipment solely a.oTee and to fullv inform all affected employees. above ingTlius. by tariff the use of supei-^nsory obsemnns: and service train"

assistance

is expressly to routine, impersonal resti-icfed equii:)ment

ness, calls to the business. Tt bears reiteration that there are calls to the busiThese not its asfents. are in its behalf by em]:)loyees handled as subpersonal calls to the employees.Personal calls by and to the scriber's
ally to observino:. Employees ususubject those used than other afforded convenient access to telephones are calls; these are not subject for business to carry out their personal wise does supervisoryobservino; in conformity to observino-. In no with the above strictures constitute an invasion of personal privacy.

employees may

not

be

observino- may such supervisory only be used to evaluate, of service rendered the quality by the subscriber's employees (whether switchboard PBX be Centrex or operators,ACT) attendants, or they of determinfor the sole purpose other telephonecontact employees) Further,
to ino- what, if any, additional trainino- and development is required the standards meets insure that the performance of each satisfactorily that the basic Avork product of the business. It is to be borne in mind to reservice, susceptible liable of these particular employees is telei:"hone observinof. and adequate evaluation onlv throuo-h supei'visory of the that made also fullv These awai-e performance are employees in part duties vrill be subject to supervision, their telephonecontact observino-. The conclusion is inescapable throuo-h periodic supervisory

that

and training:, Thus,

such it is essential to observe of the development

niany

business calls if the supervision, emplovees is to be effectively and

conducted. efficiently
of telephone service whose employees' duties entail the constant handlinir of laro-o volumes of calls,often on and training assistance observing basis, regard supervisory a random reliable evaluation of the quality foi-the indispensable technique as an This process not only discloses of service beino- i^rovided to the i)ublic. in which additional development and trainino- is needed, critical areas business
users

but

also

oirecocrnition of satisfactory i:)i-omotes

outstandino; performances

of It is

duty by individual
our

in clearly,

institutions, and of performance, not only in face-to-face contacts, but also standards when conductin.q- their affaii'S by telephone both with respect to the of the service rendered. effectiveness, and courtesy completeness,
"

employees. interest to have businesses, in the public opinion, basis high maintain a continuing on public agencies

153 gates investiSystem companiesj^romptl y and thoron"rhly improper use of superAasory any and every complaintallegino: observing: equipment furnished under tariff,whether Ave receive such other channels. Whenever or or complaintdirectly through regulatory the circumstances of any such investigation so wan-ant. necesary sure to incorrective action is promptly taken by the telephone company, all in with that the subscriber's practices strict compliance are tariff requirements. applicable tremely Over the years, however. Bell System companies have received exfew complaints other indications of abuse of this service. or in good part, the responThis favorable experience sible appears to reflect, of the businesses the routine to this offering, subscribing approach of the business calls under observation, and the and impersonal nature of this form of superof the vital importance subscriber's recognition vision of the enterprise to the successful operation or agency. tinues In conclusion,I wish merely to assure you that the Bell System conis the that titled to be wholly dedicated to the proposition public encommunications free from unwarranted to telephone intrusion, Mr. "Watts also eloquently subscribed to. a position of the privacy of personal interested in the protection We are vitally that will and communications and always welcome measures techniques ings offerservice believe that the and preserve it.We foregoing strengthen such privacy that I have described in no respect infringe upon interest. and aie in f uitherance of the public of the subcommittee. I shall be pleased to try to answer any questions ^Ir. Mr. MooRTiEAD. Thank much, Caming. you very committee [Mr. Caming's prepared statement before a House Judiciarysubfollows :]
Each of the Bell
Prepared

Statement
Telephone

of

H. "

W.

Wh-liam

Telegraph

Co., New

Attorney, Caming, York, N.Y.

American

of American William Caming, attorney in the general departments of primary responsibility have since 1965 Telegraph Co. My areas matters included, from a legal standpoint, oversight over pertaining to industrial security and privacy as they affect the Bell System. of the for the opportunity to present the views I wish to thank the subcommittee delineate and our experiences with Bell System on privacy of communications of wiretapping. electronic surveillance, principally in the area ways the Bell System has alAt the outset, I wish to stress the singular importance Such placed upon preserving the privacy of telephone communications. have an privacy is a basic concept in our business. We believe that our customers the same the telephone with degree of inherent use right to feel that they can of this confidence talking face to face. Any undermining privacy they enjoy when of telephone communications. and value would seriously impair the usefulness has the years, the Bell System Over repeatedly urged that full protection be and legislation have accorded we consistently endorsed to its customers' privacy, such would make that as illegal. In 1966 and again in 1967, we wiretapping I
am

H. W.
"

Telephone

testified and and Safe

to

this

effect before

the

Senate

Subcommittee

on

Administrative

tice Prac-

Procedure Streets

of communications legislation which

Control Crime Omnibus of the Federal during its consideration of the privacy invasion said we bill. We strongly opposed any State and Federal by wiretapping and accordingly welcomed our is still, of course, would privacy. This strengthen such

position.
We
believe to

nificantly sigOmnibus Crime Control Act has contributed that the Federal scribing others, clarifying existing law and proprotecting privacy by. among interception or under pain of heavy criminal penalty any unauthorized
or use

disclosure

of

wire

communication.
too The that matters
tional we recognized that nato the of grave concern extent to which privacy of

congressional testimony, we said During our security and organized racketeering are
Government
and to all of
us as

good citizens.

154
communications
should be determined For the line between privacy and police powers yield and where of national public policy, to be public interest are matters and societal by the Congress upon a proper balancing of the individual

should

drawn

in the

considerations.
it has been Bell System policy to refuse to accept advertisements tive telephone directories by pri^ ate detecclude agencies and others, stating or implying that the services being offered inthe use of wiretapping. tion In December 1966. during congressional consideraof the Federal Control Omnil)Us Crime Act's title III proscriptions against unauthorized to prohibit too expanded interceptions, this longstanding policy was of eavesdropping standard, the acceptance adopted by all Bell System copy. This companies, was interpreted from the outset to make equally unacceptable so-called devices or advertising (i.e..advertising stating or implying electronic debugging will be provided for the detection removal of wiretaps and services and dropping eavesthe capacan "bugs"), on the theory that those who debug also possess bility to bug and wiretap. to insure Our companies continually review their Yellow Pages in an endeavor of is either all unacceptable deletion removed, or liy satisfactory rewording copy of the offending copy. New advertising is suliject to similar scrutiny. The scope this undertaking the fact that there becomes are approximately apparent from ments advertiseIS million 2,400 Yellow Pages telephone directories, containing some and listings. is a never-ending task of large proportions, The of unacceptable removal copy advertisements in each such ones since many are new revised, and appear, is.sue. We that we have done believe, however, a creditable job in this area, and intend to continue such to maximizing wo rigid policing as contributive privacy
more

than

three

decades,

in

the

Yellow

Pages

of its

of communications. in perspective if we provide a brief insight Into the help place matters of teleplione calling that occurs in this country in a single year. During the calendar 138 million 11)7.3.for example, there were approximately year which States, from some telephones (including extensions) in use in the United ISS billion calls were completed. From the time business 90 years our some began public has ago, the American understood that tlie telephone service receiving was being personally the.v were furnished central office repairmen by switchboard operators, telephone installers, and in the performance of their duties of completing who, calls, installing of nece.ssity have to customers' access phones and maintaining equipment, must lines to carry functions. We out their normal have .iol) always recognized this and have worked hard and intrusions that unwarranted on effectively to insure pustomers' do We not confident that telephone conversations occur. are we have done and excellent are doing an job in preserving privacy in telephone It may

magnitude

communication. The
measure

advance of

of telephone technology protection for telephone users.

has

in

itself produced
the vast

Today,

without the presence of an by the customer, the opportunities for intrusions tion, greatly minimized on privacy. In addiSS percent of our than more customers have now one-party telephone service, and the projiortion of such individual lines is growing steadily. Direct inward extensions, automatic of dialing to PBX and the extension testing equipment, direct distance calls and to dialing to person-to-person, collect and credit card calls from coin box long distance contributes to telephone telephones further privacy. this, all Bell System conduct to insure Beyond companies a vigorous program reasonable to preserve every precaution is taken privacy of communications through of physical protection of telephone plant and instruction thorough employees. Our employees selected, trained, and su[)ervised with are care. Tliey are regularly reminded that, as a basic condition of employment, they must strictly adhere to company rules and closure applicable laws against unauthorized interception or disof customers' conversations. All employees are required to read a booklet is expected of tliem in the area of secrecy of communications. describing what Violations can lead, and indeed have led, to di.scharge. In regard to our central offices, operating plant, all of oiir jiremises housing (equipment and wiring, and the plant records if our facilities, including those serving each at all times or customer, are kept locked supervised by responsible thereto management access or personnel, to deny unauthorized specific persons This has

dialed

an increa.sing majority of calls are oi"erator on the connection.

155
knowledge
in the indications thereof. We have 90,000 people whose some daily work assignments are connections or plant. They are constantly alert for unauthorized that l)een tampered with. have or equipment telephone terminals and cables are fully sealed are They protected against intrusion.
gas; any

outside

Telephone generally filled with

and We activates these of
an

l)i-eak in the

cable

sheath

reduces

the

gas

pressure

alarm. and
many

security at a high level. technological developments, clandestine of telephone lines l)e done electronic can monitoring by outsiders heretofore than has been in a much possible. today more sophisticated manner without for example, Devices, now can being physically pick up conversations connected devices to telephone lines. These must, however, generally be in close ments assignpersonnel in their day-to-day work proximity to a telephone line, and our too. Every of irregularity indication alert for signs of this type of wiretapping, are is promptly and thoroughly investigated. with is reflected too in the care Our for the privacy of our customers concern all customer and which complaints we investigate any suspicious circumstances Our follow^ generally similar that their lines being are companies wiretapped. vice dea an wiretap or eavesdropping employee discovers operating procedures when for the has established rules ground on a telephone line. Each C()mi)any
With
measures

others,
as a

we

maintain
of

are.

course,

concei-ned

that

result

small local of

number

of

these

situations

that

occur,

which when record with

take
our error a

into

consideration

any

statutory requirements. wiring at a terminal, it is the

our

Most
result wires

frequently,
either of
a

people
or

find

failure

i)ersonnel to
of these
cases

remove

the

associated

disconnected

improper the part on telephone.

few instances wiiere In those is. however, carefully checked. wiretapping, the employee discovering it is required to inform in every his supervisor immediately, and a thorough investigation is undertaken such case l)ycompetent security and plant forces. and asks for our of cases, sistance. asIn a small number a customer suspects a wiretap T'sually, these requests arise ])ecause the ctis"tomer hears wiiat are to him to conversation due of another fragments suspicious noises on his line. Hearing bles other or plant troucable, or tapping noises due to loose connections, a defective estal)lished Each has occasion mistaken for wiretapping. on are company is first to have the our for such Generally, step handling requests. jtrocedures Each there is evidence of craftsmen tests In will test the disclose corrected where
no

customers
a

line from trouble customer

the

central In

office. In each there such

was

most
case, no

instances,
the

these is

plant
and the

condition. informed

trouble

promptly
cases

wiretap.

line, a is detected trouble through testing the customer's of a wiretap is made by trained inspection for evidence sonnel perhis circuitry where at the customer's premises and at all other locations the customer of a wiretaj) is found, might be expo.sed to a wiretap. If no evidence the practice generally is is found, of a wiretap is so informed. Where evidence of the found in the course authorities device enforcement to report to law any ful lawwiiether the device was inspection, for the pui-po.ses of determining company enforcement of affording and law opportunity to investigate if the tap was an of the device is also reported to the customer requesting unlawful. existence The unlawful. The lawful tomer cusit was or the check, generally irrespective of wiiether fomul his line, without characterizing has been our is told that a device on the customer have unlawful questions, he is referred it as lawful any : should or

thorough

physical

without Xew

further

comment

to law

enforcement.

informs of i)olicy. requesting a customer as a matter Jersey Bell however, device will be disclosed. of an imauthorized check that only the presence a wiretap tlie Should devices. to unlawful Minnesota similarly limits disclosure by statute device, he will usually be assured of a lawful the presence customer inquire about and State laws that applicable Federal ing require any .iudge authorizing or approv00 within customer days court-ordered interception to notify the affected a a is postponed for at a later date, if disclosure upon after interception ceases

showing by law enforcement). device to the unlawful of an report the existence System companies and the latter is customer requesting the check, as well as to law enforcement, urovided an opportunity to investigate for a reasontilile iieriod (generally 24-4.S of the wiretap. hours) prior to removal wiiose a person We might point out that unless the wiretap effort is amateurish, of the sophisticated becau.se line is being tapped will not hear anything unusual, of the complaints originate heAs we devices previously said, most employed. good
cause

All

Bell

cause

the

cu.stomer

hears

an

odd

noise,

static, clicking,

or

other

unusual

mani-

156
culties experience discloses, these usually turn out to be diffifor 1967 onward, otlier plant irregularities. From of all tyi)es (includof wiretap and ing example, the total number eavesdrop devices both lawful and unlawful) found by telephone employees on Bell System lines for has of less than one a month averaged less than 21 per month an average each Bell of the of the 24 operating companies System. In our opinion, the criminal sanctions interception or imposed by title III (for the unauthorized disclosure tion, distribuof mre the manufacture, oral communications, or or use or possession, or advertising of intercepting devices), coupled Avith vigorous law enforcement and contributed to have attendant significantly publicity, appear to safeguarding telephone privacy. of court-ordered In the area wiretapping, it is the policy of the Bell System to law authorities in their execution of enforcement cooperate with duly authorized for law enforcement lawful interceptions by providing limited assistance as necessary wish the particular wiretap. We to stress that the Bell Systo effectuate tem festations.
in As

far

as

our

transmission

or

"

does form of

not

do

the

wiretapping.

The

assistance

furnished

generally

takes

the

information, upon the presentation of a court order providing line access valid on its face, as to the cable and pair designations and multiple appearances of the specific telephone lines approved for interception in the of the terminals
order. the pair of wires serving the telephone line term "cable and pair" denotes question, and the cable (carried on poles, or in conduit, or buried in the earth) is the distribution A "terminal" in which the pair reposes. ber a numpoint to which of individual the cable are connected, to provide service pairs of wires from in The

court

in that

immediate from

area.

terminal

may

in

residential

area

be

on

aerial cable

telephone poles or on a low, aboveground pedestal, or be found boxes in terminal of an office hall, or room connecting strips in the basement, or house. The a building or apartment pair of wires of each telephone serviced from terminal at that interconnected with a specific pair of particular terminal are wires is established from the cable, so that a continuous path of communication between the customer's central office. The premises and the telephone company's in size, depending the needs terminals of the particular location. To vary upon of telephone equipment, tlie same provide optimum flexibility in usage pair of wires in parallel in a number of terminals, so that the pair can be may appear is not required at a particular point. used to service a nearby location if its use the same the locations where Thus, the term "multipie pair appearance" denotes of wires in more than the electrical path between the terminal on one appears central office and the customer's premises. suspended
In
the of instance those of law

enforcement

authorities

of

the

Federal

Government

with enacting specific enabling legislation in conformity the amendments Omnibus of title III of the Federal Control to " 2518(4) Crime Act effective order the "direct" Februa^telephone 1, 1971), the court may of the "information, in the form to provide limited assistance facilities, company and technical assistance" to accomplish the wiretap unobtrusively and necessary with in a a minimum disruption of service. Upon the receipt of such a directive court nishing order valid on its face, our cooperation will usually take the form of furfrom from channel a terminal to terminal private line channel a (i.e., terminal which services also the a investigation to a telephone line under terminal servicing the listening post location designated by law enforcement). for line access described information will be furnished Additionally, the above the .specific telephone lines judicially approved for interception. On occasion, assistance is furnished in the form to of private line channels Federal authorities in national Tliis assistance is only rendered security cases. of the United States specific written General upon request of the Attorney of the Director or of the Federal Bureau of Investigation (upon the specific written authorization of the Attorney General to make such request) to the local telephone company for such facilities, as nique investigative techa necessary under the Presidential to protect the national security against power actual other or hostile acts of a foreign power, to obtain or potential attack essential deemed foreign intelligence information to the security of the TTnited States, or to protect national security information against foreign intelligence activities. For of security, we of the in such not informed reasons cases are of the national security matter specific nature under investigation. In cooperating in court-ordered to national and endeavor we security cases, tap, assistance provide the very minimum to effectuate the particular wirenecessary lender do the wiretapping do we no circumstances, itself: that is the exclusive furni.sh do we officers. Nor province of the appropriate law enforcement

(and

States

158
Mr. Alexander.
Mr.

Would

the Chairman

a yield

second ?

MooRHEAD. Yes. I was going to suggest maybe we get that in than rather take up the time this morning. description writing Mr. Chairman. Mr. Alexander. Since Mr. Caming Just one inquiry, if it would be has agreed to describe these devices to us, I wonder

helpful if he could illustrate it for us. Mr. Mr. Caming.

bring

all this

type

of

equipment

in

here

and

Alexander, as
secondhand

myself except question.

Mr. Mr. work.

as

an attorney I would not categorize expert on the subject.

be very brief I would say about the Tel-tone would What Mv. I Mr. Alexander. was Caming, asking the Chairman

Caming.

Sorry.
it be
to possible

Alexander. Would it would 'iI think

have
see

that how

trated equipmentillusall these devices

be very

helpfulto

Is the equipmentsuitable to be brought in here and Mr. Moorhead. attached to that phone over there ? have to confer with our 1 would Mr. Caming. people as to whether it is used for service observingwhereby the unit is, it is. Basically say, and the equipment is of our affixed to a number plant repairoffices, from one of our secure service observing accessed through your dialing number unit you wish,and then locations a telephone to the particular is all there is to it. Within 5 is sent back from the unit. That a tone send the service observer back a twoseconds must or four-digit is all the That it.Once there is to that is done code. equipment security is accessed. It is just a small unit. furnish the staff necessary manuals and I We can or have, believe, have of in connection with I believe Mr. Cornish, some those, you may is about all there is to it. It is justa small unit which Tel-tone. That it is activated to preselect has the capability, from a at random once of the to of calls number trunks a one plant repair incoming large office or to a business office. It is just a very simple box. There is about it in the sense of appearance. sophisticated notliing particularly Does that help ? When Mr. Moorhead. you say the equipmentis accessed, you mean in the listen conversations^ on you can Mr. Caming. Yes, justas our service observers in service observing of plant repairservice number and do randomly access a certain can calls and the like. b usiness calls, Mr. Erlenborn? Mr. Moorhead. I have Mr. Chairman. Mr. Erlenborn. no questions, Mr. Alexander. Mr. Moorhead. Mr. Chairman, I appreciate the opporMr. Alexander. very much tunity and hear Mr. I appreciateyour to Caming this morning, I realize cooperation. you
are an

attorney and

I wouldn't

expect the

of the technicians illustrations to be demonstrated by you but by some with which with the company associated. you are alarmed during my I have become 6 years in Washington at the
are people who believe that tiiey bugged even if they aren't in if think bugged. People neighborhood they are bugged even my aren't believe I don't I I I know whether am they bugged. bugged. that someone I hope if I am am 01' not. enjoys the conversations as

number

of

159
much
as

I clo with
are

country'

I think people out in the heartland of our alarmed about Government on increasingh^ spyinothem.
more

individual that 1 talked the statement not long ago made that he believed that to in Arkansas line is with their Government. American a on potential party every in this country, I think it is Xow, when that sort of attitude prevails time for Government to do somethingabout it and I think this committee
their businesses and
persons,

and

in

one fact,

is on

the

righttrack.
Mv.

Thank you. Mr. Chairman. Mr. MooRHEAD. Thank you, Mr. Gude. Mr. Gude. Thank you, Mr.

Alexander.

"\^niat type of
Mr.

Chairman. timetable does the phone compan^^

or

have in

regard to

respondingto citizen
Gaming.
Mr.

complaints inquiries concerningwiretapping? Gude, I might allude to the fact that I included as
the
statement
on

part of my
subcommittee,

statement

I made the

before the other House

in which there is Judiciary, of tlie operative under which do respond. a description we procedures of E ach We these requests for one respond as quickly as possible. is immediately processed. of wiretapping assistance in the area The

of the

Committee

first step,if I may

test

go on, IMr.

Gude,

to determine electronically

whether

is to have what

our a

central plant person takes

office
a

to be

in our experience, actually, people hear somethingthat For example, a crackling noise, v/iretapping. certain In the such in cases disturbingsurges. talking background, is carefully that investigation made through the plant central office.In in our and we about most 10,000 of experience, instances, average the land in tlieBell System, most of these these requestsa year across troubles. They are immediatelyturn out to be ascertainable plant' promptly notified what it immediatelycorrected and the customer

wiretapmay in fact be a in most has been the case believe constitutes tliey

planttrouble. This
situations where

Avas

and the

plant trouble that can be cleared, then it is immediately as expressiongoes. Mv. "Watts,I lielieve, turned that each company constitutes, and to the security over group is made U7ider their generalsupercareful and full inspection a very vision, either directly by them or in con.cert with plant craft forces the telephone itselfand the central to check the outside wiring between ing includoffice; and second, to also check the inside wiring and facilities, and and all the terminals with, of course, the consent the telephone Now,
a

that it was corrected. if that is not found to be

time convenient to the customer. one step Now, if I may, I thought I would give you the exposition do when find one? If we do we find nothing,of further. What Ave cation and also ask that any further indiso we course, notifythe customer,
at
a

be

This immediatelyreported.
Ave

is

check

personnel.If

do

find

of course, at that stage it is a la.wful or unlawful

a

somewhere are. on we stretch, whether it not able to determine of finding device. I say laAvful. for example,one under
a

device

made the

by competent

calls for security finding a upon distance away, to have oiiv some device, say at a of a, Aviiether Ave have a lawful fileschecked to determine a record been presented to us by a State or local or lawful court order haA-ing
court

order.

Our

procedure then pole or at a terminal

"

Federal

for authority

court-ordered

Aviretapping.

160 local tlien check with the appropriate the in central point like the FBI, and also some Federal authorities, to determine whether State-local level which has been prearranged, that has not been but lawful that is line that there is a wiretap on of law that they since there is no requirement to our attention,

Assuniing we

do

not,

we

brought

do. ajid often it may not be necessary in order to effectuate a our cooperation

for law

enforcement

to

require

tap. particular

this would then nothing about it, would In such case we normally wiretap. iippear to us to be an illegal short rl perhaps a so period, law desire, "accord very enforcement, they the the endeavor to and culprit, capture -2-1to 48 hours, to investigate the don't catch wiretapper, point being that if you find a device but the device that little. After period, have relatively accomplished you taken in tow by law enforcement. and usually IS removed I am device that there was an is informed illegal The customer

Assuming they say

no,

we

know

"

sorrv"

that there

was

device

on

his line. We

use

do not wish to cliaracterize it one because we way undoubtedly and another v/ay for unlawful devices. As you gentlemen in section 2510(8) that applications know, the Crime Control Act provides and court orders for wiretappingare under seal aud therefore ment law enforcewill notify be disclosed. If it is a lawful wiretap, we cannot it. about do want to what do this us have found device, we you be would removed If it was, it it is not trouble inducing. Tliis assumes will it but probably tell us to remove wasn't, they assuming :anyway, been few I have there are^ told,where they may it."although a cases, facilitates surit veillance sometimes the phone, because decide to keep it on of organized crime of peoplegoing in and out. But generally with the j^roper law enforcement it will be disposedof in accordance

"device" the term for lawful devices

instructions of the

authorityliavingput

it there

under

court

order.

Xow,
as

to what

from

of a do not lie to the customer. We are in somewhat there has been a great deal of objection should do. And law enforcement in many of the country, that we arc preareas cluded t he the law from ognize disclosing presence of the device. We recby tell the characterize it as an unlawful device. So we cannot we
we we we

dilemma

customer
=

have

found
not

device,and
We
do

cuss

it with

unlawful

law device

enforcement.
so as

if you have that whether I

any

disquestion
a

it is

lawful

or

to

With
come

respect to national

it. We

that tions quesfor is assistance not to mind, there, ing placour too, necessary which dcA'ice not found to my a have imtil now knowledge
am sui-e

tip our and devices, secui'ity

liands.

has been admittedly a national securitydevice. I that because they may say no, that is not ours, or yes, the who places is a competent wireman also if the liian for the difficult it is even exceedingly enough time,

say

admittedly,
but
"

is ours
most

and
takes

device and

competent

well placedwiretaps. and this is hypothetical, would do. I have speculated, But what we As mentioned I might say we would tell the customer. is one of two things. of the State In there two in my are exceptions. statement, lawful the of disclose a not by statute we presence ]\rinnesota, may What we device in any sense, and in New Jerseyby policy. say is that seal. Accordingly,we are unable and order is under the ai)plication

expert

to find ce^rtain very

to disclose the presence

of such

order. So

we

will therefore

order pursuant to or application only disclose to you unauthorized

court

wire-

161

taps that

no a device, they say say we We point out we do not disclose it in those States l3ut section 2510(8),there them under the Crime Control Act itself, assure that the is a specific not requirement, prosecutor,but that the trial party and such other judge is directed to disclose to the intercepted

prompted
lawfid

we may Avhen we

discover.

In

such

case

the

questionis
what

often

found

about

one.

partiesas in 90 days after

his discretion termination

the court, to notify such their line from period so-and-so

wei'e

he may feel it advisable to notify within of the tap, or an}- later date,if postponed by that a lawful wiretap was placed on parties
to

and so-and-so,

that

interceptions

accomplished thereunder.
is
a

around, Mr. Gude, to answeringyour question. Mr. Gude. So as it stands,if a complaint is made or by a customer of a telephone, notified if is whether user are a discovered, they tap ? not it is illegal or is our and Mr. That recommended uniform Camixg. policy,and
That

long way

that is correct. !Mr. GrDE. If liave when

citizen

uses

telephonein
of the
same

hotel

or

some

similar

he be assured can publicplace, in using a telephone ^Ii". Camixg.

we can

he would type of securitj' ?

home private

Yes,

to the

extent
assurance.

of limitations

placed upon
do not

our

ferings, of-

providethat
tariffs
or

Under other

our

administrative

we practices,

provide the
or

supervisoryobserving equipment
similar

I described where

to

hotels

motels

or

areas a guest might access for a telephone conversation. In such cases, we public network only of what denomi]iate administrative acter; charan we provide observing that is on nonguest telephones. So that a person calling, sa}^, from of the "Washington hotels can be assured that there is no one suj)ervisory oljserving by the management of the hotel. that statisticalservto random ice Xow, telephonecall would be subject observingor official service observingdescribed in a letter to this committee 1970. But I might sti'ess there is no monitoring or any on of oliserving anv of the conversations of anv of the calls that we engage m.

communications

the

Mr,

Gude.
or or

So

outside

of

for observing

surveys in a hotel in
a

the level of customer

service,
a

the purposes of marketing citizen who uses a telephone of the

same

similar

place can

be assured

he security

has

privatehome?

]\Ir. Camix'^g. That is correct. ]Mr. Gude. Thank you. Mr. Chairman. ^Ir. ]\1ooriiead. Thank Gude. you, jNIr. !Mr. Caming, you have stated, on particularly pages I and 2 of your interest of t he Bell the in testimony, System privacy.]Mr. preserving Watts, on page 9 of his testimony, says
"

The
a

Bell

push

button

"remote System employs telephone wlio knows without

ohservins
the

systems"
access

by which
codes
may

proper

per.son listen

with in
on

conversations

detection.

Does

Bell

do that and

is that

consisent with

the interest stated

in

preservingprivacy?
]Mr. Camixg. ? ]May I comment, ]Mr. Moorhead Mr. ]Moorhead. Yes. That is why I am asking j^ou, sir.

162 What Gaming. 3Ir. Watts had adverted

~Mr. time
access we use we are

talkingabout

there
our

to the fact that in 12 of

that is,I believe, companies at this earlier that you

a complex requires

Tel-tone

equipment, that

within 5 seconds. adverted, service in our might bear observingpractices Now, respects many this in understand the to to background give you justa brief comment
range

through a code that is held most of dialing to send it back, as I

I mentioned and securely

perspective. As you know,

locations which
any any time
we

that would these

on

observing from certain and I might say at very tightsecurity of itsstaff members the committee or might desire to see be very pleased to have you visit them.
we

conduct

officialservice

are

kept under

Now,

facilitiesare
and

equipment
is
no

for tlie purpose of random malfunctions as eqidpment

our

serving statistical obone

of the

prinits

controls cij)al quality

service

there these

of the Bell System. Since other way to check on its

is telephone product
evaluate

and efficacy

performance in the
Now,
rooms

publicinterest.
are

closely guarded and our most reliable and trained employees and exjDerienced are placed there under supervision In fact, to insure there is maximum consideration of privacy.
very there has never in over 60 to almost 70 yeare now been a case that a the and I think this is a tribute to our service observer in Bell System, of there has never been a case employees and Mr. Watts' constituents, with service observers t heir duties to violating beingcharged any tect prothe privacyof their equipmentand operations. have up to now been hardwired to random Now, these officesgenerally trunks. You know, a trunk is one that may contain a 100 wires leadinginto it and then one line at a time can access the trunk and then the otliers access other trunks. So we have had our service observers and they have through hardwiringbeen able to observe on various operations such as business offices and plant repair bureaus wliere peoplecall and want their phones fixed. Now, in this connection the hardwiring has imposed a number of limitations on the efficacy of this as a quality control tool because is do and you cannot have to dedicate it to so a pair; expensive you reach all of A number of State. States and some a our necessarily parts that Mr. Alexander be more I in the familiar with tliaji areas may heartland which are rural and not too heavily have not we populated, been able to observe the service to the degree we can in more trated concenbecause of tremendous the a nd cost of areas inability doing so. in In addition,we bureaus often have very small service o1)serving of the more suburban and rural areas. In tliisconnection they some be just bureaus two-man and there is not the constant close supermay vision There be visits only in cities. have major supervisory may you

dailysupervision. In one it sense followingadvantages. in arrangement because it will permit centralized location is more secure locked room of service observers; therefore, they will be the same is confined to authorized personnelbut they will be in which access This is a very importantplus constant under close, dailysupervision. from the viewpointof privacy. control measure. It will permit us It is also a very effective quality
two

times

week

rather than

constant

This

new

equipmenthas

the

to

access

every

part of

the State and

to reach

more

locations

for check-

163
of the service.It will also permit, ing on the quality by concentrating the force, instead of havingonlytwo or three in one area, better utilization of the areas, for scheduies, sickness and the like. It will also, and importantly, of our measurement permita more uniform interpretation and therefore a better administration of the quality plan, trol conwhen you have fewer units to be coordinated. program It will insure, and this is a very importantconsideration, a better random selection.In this case, the unit that I mentioned has built in it, it is not apparent, just that insures a box. a preselector although that each call observed is randomly selected from among these trunks in a completely random which is more efficientthan the curnature rent the more random the quality of this service one, and of course the better the results that can be obtained. It does also have some economies attached to it. because the code, which is a very careXow, we had some concern fully that the c ode when or accesses guarded two-digit four-digit back after you dial the unit to activate it.The code itself tone comes is closely guarded and in the hands only of the service observers. It is under lock and key when not in use. Xow. this code can be changed with regidarity. and it is our and this is being at this time, policy in fact, I had it rechecked in of my justyesterday contemplation of weeks a ncl that is going or less, changed at intervals 2 appearance to be our This closely target. guarded code can be changed. The change is goingto be very simple. The service observer has a touch tone button type of television sorry, I heard that noise in the into mind when came backgroundand the word televisionimmediately tlielight and I was off screen. came on If I may restate that. The service observer in the locked officewho will change the code does it in the following fashion. She has a touchand I will comment that just tone dialer with buttons, on very briefly after this. She punches say four digits for the new code she selects that has been designed of time. for her to select at the next period or At such time she has already contacted the plantpeopleat the particular location, srj in the northeast part of Washington.So there is a plantrepairmanthere at the unit and it is A-ery simj^le to do. She tells them to turn the screw which she has button Xo. 1 on, saj^, I and he does. is variable resistor It a a word punched potentiometer, ing justreviewed the other day,and when he turns it,he just keepsturnit blindly until a light He does not know flashesand then he stops. what the frequency is he has selected and then he does that, then, for the next. So it is a very simple, quickmethod that can be done in a which is a matter coupleof minutes and completely changesthe code, of great concern to us to insure privacy. of the literature that has Tel-tone,and some Second,the original from any touchtone be made been distributed states that access can if have the code. doesn't stolen It telephone you say if you have stolen the code, but that inference is you must know the code. We were cerned conbeen introduced that last year, and this has just with this, so touchwithin the last couple of years, we decided to introduce a new tons which has four additional buttone dialer, the 1066 touchtone dialer, and touchtone the that do not appear on telephone ordinary the 16 buttons have 16 to for the code. 14 So you or they are used that the turn out, as possible power, whatever mathematicall}'' may
" "
"

164 combination. This

is
no^v

being put
on an

in

but it is being put in locations, I did ascertain in the C. " P. area

it is I am not snre accelerated basis. For

"

yet

in all have

example,

they did covering Washington,

lOGB's for all of their locations. if you could break into the secure locations or otherwise Now. even that is all you would obtain the security code for that 2-week period, have it for, it wouldn't be Avorth anything thereafter, and if you could manage
to

get hold

of

16-button

touchtone

dialer,what

would

would be the net result ? You at random merely access impersonal business calls of customers to the business officeand to plant repair be at most of vicarious interest: service. I submit that these calls would bill their to hear who feels that or a particular disputes telephone service is exceedino-]y their and want on new equipment they poor would for That about all overhear. these better. is So something you the economies of scale, the more secure reasons, arrangements, the it will afford to service and the improved quality greater coverage control that we can provide have led us to the feelingthat this is an the reand that we mote one are impi-ovement proud of. This is basically alluded that Mr. Watts in his statement. to obser\^ngequipment ]MooKiiEAD. Thank you very much. ]Mr. Caming. I presume to answer we questions you gentlemen would be willing ? would submit to you in writing for questions that can't beThank you. I will yieldto any member Mr.

put in writino-.
:Mr. Daniels ? Mr. Daniels. No Thank questions. For
as

3'ou.

]Mr. Chairman. The example used of device that the for type appropriateplace testimony The subcommittee is automobile repairbodyshop. an pointed out you in Govthousands of these in use has information there are literally ernment be the appropriate circles. '\^niat would settingof these?

Mr. MooRHEAD. Mr. Stettxek.

Anyone
an

else ? Mr. Watts.

in 3^our

office situations? Normally I wouldn't think so under those circumstances, but T am in this buildingthere is probably a machine room or sure ing releasdesirable that where it be have so to one. by might repairshop the buttons cut the transmitter out and the side noises of the In the normal Mr. Watts. administrative executive would telephone be eliminated and you could hear better. The potential abuse is obvious in that you could use that same telephone device as a of being^ and the transmitter reduce the out cut possibility wiretap, of service of the appendices you have a picture bracket on a desk in a on a observingequipment that is mounted indicates it is prettj date that business office.The on picture telephone of other Are there ancient equipment. equipment used, in a types any for super\dsory ing monitorin a business office, similar type circumstance ? of the way employeesdeal with customers to probably I think the exhibit that you are referring ]Mr. Watts. which is really that inkwell or something of sort an Avas a calendar on that are being used. antiquein techniques since Mr. Beirne used not longer, being any
an

detected as a wiretap. Mr. Stettnepv. In one

hearing

some

tlieemployee could

I don't believe they are in a sional waved one congresand how the demonstrate customer to years ago concerned.. far be listened to as as con\'ersation was

166
where picture phone has Chicago, for example, have to encourthat basis age we attempted experimental of the it includes whether use picturephone in the use. Now, I have the counter to a person across business office rather than talking no personalknowledge. do that, two offices that would than one But it would be no more or

Now,

I do know
on an

in

been used

if any.
Mr. Stettner. Mr. MooRHEAD. Mr. Alexander. Mr.

Thank

question. is that the reason Caming, as I understand it, your statement for the determination for service observingsystems beingsold are principally of of need for trainingand, two, improving the quality ? is that correct rendered service by employees; Mr. Caming. May I understand, because these terms are used so Mr. Alexander, that I, for self-serving purposes interchangeably,

you. ? Mr. Alexander Mr. Chairman, one

clarify. perhaps,
Mr. Alexander.

Mr.

Caming.

observingand

page 5 of your statement. I said that you had referred to service The reason refer to that as supervisory we observing as done by I
am
.

from quoting

telephone pe rsonnel Mr. Alexander. TVliat is the difference ? Mr. Caming. Well, the difference is that

in service observing by is this certain observance at locations, personnel telephonecompany is no knowledge statistical basis. There done On a purely random the called party or any indication of any record wise of the calling or employees involved. It is purelyto determine the character particular of the index of the office or group.

Now, supervisor^
Alexander. do What of the index or group? I am for this is. reason Mr. INIr.Caming. you
mean

by determine
decide in my

the

character what

tryingto

mind

the

Certainly.

example, there will be service observing say in the traffic assistance for information. There will departmenton calls to directory what call direct distance dialing be service observing on we outgoing and trunks incoming trunks to determine whether a call that was made went through or met with equipmentblockages, say at the first there was w hether it whether a Avas misdirected, station, switching there where reaches for call a pointsay matching loss, example, your number idle line to the particular should be an you call but there
For is a mismatch
Mr. it doesn't get in. that the it be fair for me to conclude Would sold is to for service observingsystems being principal purpose of service ? the quality measure Yes. Mr. Caming. of the Alexander.

equipment so

? Is that what you are saying Mr. Alexander. about what the telephone I Mr. Caming. company Well, was talking does and we call that service observing. there for a moment? Mr. Alexander. Eight.Now can we stop right Mr. Mr. need

Caming. Sure. data here which indicates that your AlexandeIi. I have some of service through the sale of service for determining the quality

167

systems observing
that
159

has increased
sold 7 of

since dramatically
those
a

1970. It appears

the

Bell

System

in 1972, and'l,125 in 1973, for

83 in 1971, systems total sales systems of 1.417. Does

in

1970.

the data match Mr.

that you have? up with the information Mr. I Gaming. there is a complete misbelieve understan Alexander, if that I understand sir. First, we are we inay, justso the
same

talking about
I
was

thing,otherwise
"service

using the
done
oi-

term

be I may I was observing,"

misleading,when just talking about

offices.We do

something
not

sell that

with by the telephone company provide that service. My statement

to

secure

equipment trainingpurposes. That practices. Xormally this is provided under tariff.We do not what we are talkingabout as and I am not quitesure
service
Mr. Mr.
our

business subscribers for

furnishing observing and supervisory serving has nothing to do with our service obsell these
a

deals with

systems,

result.

Alexander. sold to the Bell

Well, Oh,

we

are

talkingabout

manufactured

ment equip-

System.
sold to the Bell

Caming.

System.I thought you

said sold to

customers.

For the purpose of service observing Alexander. systems. I believe that has notliing but statement Gaming. to do with my have rather something tliat INIr.Watts had adverted to, that we may Mr. Mr. and purchased,
remote
use

that may Gorp. be, from Tel-Tone have found that it is in the units since we service obser\nng, and we are those in our official

number

of these
to
use

public interest expanding

But and
our

of that
our own

equipment

for

the

reasons

I have

described.

this is for
was

mentioned
Mr.

It is not furnished to subscribers purposes. in my statement adverted to. at all nor

not

Alexander. the

from
Mr.

Why lias your need for service observingincreased of 7 units in 1970 to 1,125 units in 1973? purchase Mr. Alexander, be readily I think that can Gaming. explained,
see

when
In

you

working control of our other systems to improve the quality through some of remote areas service observingto reach,as I had mentioned, more Bell had the States to insure closer supervision, our we been,through laboratories, looking at various systems and attempting to develop
service evaluation system to permit greater access our felt that the of offices. Now, at that time it was universe a larger would had mentioned, Tel-Tone provide at least equipment, which I had desired. As a consequence, results that we at this stage, the satisfactory tried on an experimental basis. in 1970, the first sets were small units. They mUvSt appreciatethat these units are Now, vou
some

after 1970,

with. the universe that we are dealing careful and w^e determination, very

had

been

such

as

to

cover

onlya certain number of liow Without ]VIr. Alexander. interrupting you, could you tell us ? service these units that each of systems can many have that offhand, but I may some I don't know Mr. Gaming. order of magnitude. lished, be estabfacts that can Mr. Ghairman, these are Mr. Alexander.
if he wanted

Mr. Mooriiead. [Offthe record

that later for the record. Let's go off the record for a moment.
to submit

discussion.]

168
I justwant Before we proceed, Mr. MooRHEAD. Mr. Joyce, and Mr. Gentile that tlie subcommittee 2 your this morning. I wanted o'cock
to to say to Mr. Eger, will meet againat

hear

I testimony.

couldn't get to you to get it all finished but it justdidn't seem

am

sorry

we

possible.
_

Thank you very much. Mr. Alexander. the gentleman finishes reMr. sponding Mr. Alexaxder. Chairman, when last question. I have no further questions. to my 3Ir. Gaming. Thank you, IMr. Alexander. number. For example. T was of these units covers lilach one a small of trunks covered. If you to the minimum as figures lookingat some liave 1 to 10 trunks,that is a different plantrepairgroup ; and a large office furnished to each plant rei^air number of tnmks are ; and each trunks. There of are 1,800 business office might have a largenumber of number each a be to service centers large observed, having repair
trunks.

Xow,
the end

as

to

our

business offices, we

also have

at the

present time
do have

at

large number
jit hand
on

a we of 1973. and I was lookingthrough my figures, I don't have the fisnires of business offices. immediately

that.

Mr. Ghainnan, could the gentleman submit tliat Mr. Alexander. for the record ? will be glad to submit how Mr. Gaming. We plant repair many bureaus and business offices do have. we [See p. 177.] Mr. Alexander. Thank you very much. of luiitspurchased, ISIr.Gaming. In other words, the number conhad 30 of officesinvolved, for example, like we sideriuo- the number plus billion dollars worth of equipment nnd each of these units is a less, is not an order of magsmall unit, purchased by i^^c thousnnds or nitude for the operation that has to be accomplished. Thank ]\Ir. Alexander. you very much. Mr. Moorttead. Gould you also tell us about this difference on page 5 you talk about supervisory nesses. observingequipment furnished to busiThat is not the equipment you were talkingto Mr. Alexander ? it about,was Xo, the equipment that is furnished is mainly like Mr. Gaming. automatic call distributors, which you may not toring of moniI Mant the figures is the number ^Ir. ]MooRiiEAD. What on within the 5. kind describe devices a business, on you page Mr. Gaming. at the Well, we have have, as I mentioned we yes
" "

"

of +0]:)

5. the bulk of the Provisioningof this equipment is in the page form of automatic call distributing equipment and the}^ range from 60 to several hundred, for example.Eastern Airlines. interested in is the way ]\rr. MooRiTEAD. I am What a supervisory of check monitor the call to can a nonemployee ficiency up on the properson and jobperformance of that employee. ^Ir. Gaming. Fine, if we are using as an illustration the automatic that has a monicall distributing system, which is the most frequent, from the toriiip-capability. in at random In other words, a call comes

outside.
IVIr.MooRiiEAD. page Is that that to these requirements subject you

liston

169
]\Ir. Camixg. Oil,yes, these are all subjectto these Tlie different types of equipment are merely to give you all of which of the types of equipment ^ve furnished, under these type tariffpreconditions. And jNIr. MooRHEAD. every pieceof ? listed limitations these to subject is That Mr. Cainiixg. our policy on

requirements. a description
are

furnished

equipmentthat
the

you

furnish is

equipment that it not

fact,we
recommended

furnishingof observinj^ those be furnished except under certainly in this statement and made as early as 1966 in
" "

1966. questionnaireto the Subcommittee on did that and and outline at Practice we Administrative Procedure, early date that these conditions which are set forth herein are our reaffirmed b}'a telegram sent had the matter and I recently polic3\

replv to the

August 11,

out

our ]:)y

marketing people.
This is
a

Mr. Mr.
concern

MooRHEAD. for ?

matter

of compam^

Ca]mixg. This is

purely a

matter

not law? policy, of company policydue to

our

privacy.
Do you

Mr. Mr.

Mooriiead.

furnish this
we

equipment

to

the

U.S.

ernment Gov-

As a customer Camixg. the U.S. Government.

do

furnish it to certain
on

of agencies

as

limitations yiv. Moortieat). Do you put the same you do on other customers? Mr. Camixg. They stand in the shoes of all of far the normal

the Government other

customers

our

of services. provision as as with customers Do or Mr. ]\iooRiiEAD. any customers, you, make in particular, and the Government anj^ check to see

in

general,
tomer cus-

if the

is living up to these limitations ? tration, to you by way of illusI might in this instance mention Mr. Camixg. the would be interest it of to because I thouglit subcommittee, ties tliat we asked, for example, to provide certain observingfaciliwei-e
at
one

of the airbases in Massacliusetts. and we of the tj-pes described on page 5 ? This would be one Mr. ^looRHEAD. certain them cation to do ]Mr. Ca^iixg. Well, to permit types of communitheir facommunications cilities on monitoring monitoring, security ? personnel Yes, and calls to them. They are talkingabout calls, !Mr. Camixg. the base,private networks and also line facilities on both their private networks. their into that calls might come that the We provided under the following written preconditions, ]S[r.]SIooRTiEAD. of ^Monitoring their lines to be monitored
are

providedfor
other

the transmission
we

onh^ of official
those

Government
for

business. In

words,

providedonly for

be notified of their and that all users personal calls, lines,not such communication ing monitorto conversations being subject security directives which DOD with the appropriate we in accordance

mentioned.

Second,

tary should be made by the milithat whenever any recordings the will with conform FCG during such monitoring that they
"

for a periodic beep tone. requirement will that Third, keep this equipment and our interface and they in supplied this case the equipment and we merely provided they actually in other words. the wiring that would interconnect to their lines,

170
the terminal equipmentin this case. The military often tliey provided do.'But they said they would keep all of this equipmentunder proper
to safeguards,
a

need to know

both

be accessed only by authorized military ing havpersonnel all applicable in that connection and that last, iffs, tarinterstate and intrastate relating to tlie customer-provided

communications Now, this is our to assist in the purposes.

Mr. and MooRiiEAD.

equipment would
normal

complied witli fully. when we supply this or requirement

assistance
or

be

are

asked

of any provision

wiring for

observing

monitoring
Mr.

Can you supply for the record the number of such devices that you have furnished to Federal departments
take
some

? agencies

I believe we could. It may alreadyprovidedthe committee with such

Gaming.
area,

time. We

have

information

more

I believe, of expandedbasis ? MooRHEAD. I think have We

Washington. D.C. Would

in the politan metroit like on a you

Washington, D.C. will do. Mr. Camixg. alreadyprovided that information Mr. is that correct ? subcommittee Phillips, ; That is right. Mr. Phillips.
Mr. "Mr. MooRiTEAD. Mr. Mr. I As

to your

Thank

you. you, IVIr.Chairman.

Cornish.
are questions

Thank Cornish. and These comments

am we

interested esiiecially

directed to both witnesses. in the service observing devices

also.

and i^ri^'ate it.these are used by Government understand panies comof service beingrendered to customers. to determine the quality But T would like Now, that sounds like a very worthwhile objective. Americans have known to ask both of you whether to be ever you reluctant to complainto the telephone the Government to or company about discurteous employees, and the like ? poor service, I haven't known them to be reluctant to do that, ^Tr. Watts. no. jNfr. Cornish, reechoing Mi-. Watts' Mr. Camtxg. tion strong affirmaof our gressmen Constrong Inck of reluctance to grouse, given to our

it must would

times, although there is very littleoccasion to do that be recognized observance that the purpose of the supervisor;y of combe not to merely gather information to the volume as plaints,
at
"

with of the comi^laints of form to cope with to evaluate as a as so precision supervision mation the type of service being rendered, for example,whether proper inforbut to

attempt

to ascertain the nature

them

further

afforded, say, by an airline reservation clerk, whether and the individual was assistance of training required. taining Now, these would be the basic reasons, remembering that the obof this equipment is at some to the particular pany comexpense
was

unless they felt that lightly was trainingassistance purposes. necessary Mr. Can you see any reason Government Cornish. why any particular need 21 would service observing systems? agency If I may, I think porhaps it might be helpfulin our Mr. Camixg. discussion if perhaps we could call this supervisoryobserving. We do not use the term service observing as such, merely as seni antics, is provided to assistance which perhaps. But this is supervisory and

they

would

not

imdertake

it

this

for

supervisoryand

customers.

171
Mr. what Mr.
to
our

CoRxisH. Camixg.
customers.

You
are

can

call it

you anything is the

are

want.
same

We

all laiow

equipment we

aboiit. It talkins:
to
we clarify

thing.
it with

I want

about talking

respect

in all fairness this is a question that the say, Mr. Cornish, G overnment have to address itselfto. I don't particular agency would think we can say whether or not a particular of the Government largefacility which handles huge volumes of calls might or might not have need for that many of Government systems.I could say that a number other like agencies major institutions have the type of call and communication with the public that might require, tive as far as effecof the service rendered, such observing supervision equipment. But this is not a judgment for the telephone to make, and company I respectfully defer to the heads of the various Govermnent agencies concerned. Mr.

I would

CoRxisH.

Department

Government know of has 21. ISIr. CamixCx. Perhaps there isn't enough occasion to call the Department of Justice. I don't know. But really. I would be very pleasedto respond, Mr. Cornish. It is the internal requirements to know justthat I am not in a position

of way Justice has that we agency

By

of

comparison,it is my understanding the 8 of these and another devices, yet

particular agency. Mr. CoRxisH. I think you can what I am see and that suggesting, is the purpose of these devices is to determine the quality of service, T think it can be done by other means such as by complaintsfrom citizens. You the not and details of the call, nature precise get may that is quitetrue. But you do identify, it seems to me, the primary problem involved.
If I may Mr. Camixg. I would comment, that has not been our that we have experience,
measurement

of the

plan
as

as

supplement

to

that used a service attitude various forms of observing

state respectfully

get, you say, the overall complaint pattern. But the is not of the nature information requiredfor effective supervision and training assistance,particularly with respect to individuals, which is the purpose of this thing. I am of a firm opinionpersonally that this form of supervision of these telephonecommimications is the only adequate way to supervise the individual training, to determine to recognize good performance
we

and

do

to providenecessary assistance, sometimes on You have a complete range of problems that could be ascertained not merely from the customer's standpoint. It is a question of not only servingthe customer to his satisfaction but servingthe customer in the best possible a responsibility way, well as any other agency that the Government, ascertains. There as is no other way of examining a product, that is,saying if it is in an if line and the cars look the look good at line, assembly perhaps you and back and did customers as come a they come by lousy say you control. At least job,that that would be an adequateform of quality of the major users have talked that has not been our we or experience
as as a

well

bad, and

short-range basis.

to, say in the airlines. Mr. CoRxiSH. Let me interject there,if I may. time citizens have as Certainly goes on our with in quotation their Government marks,

more

and

more

ness, busi-

justby

the nature

172 of the aniinal. It is in that situation.

becoming more

complex

and

we

find ourselves

Now,
you your Mr.

with the Government contact or I ask you, in your relationships do to business, States the United of relating your personal without for monitored calls those telephone want any purpose

knowledge?
CaminCt.

I would sonal persay that, since you asked it from my have no reluctance whatever, that these I would that standpoint, not calling to the Government calls to the business, are agency. I am ask them call to of a to an employee in a sense as personally, anyone
to

have Mr.

dinner.

Cornish. But you are discussing your personalbusiness. it with the agency concerned i But am Mr. C AMINO. discussing and it administered answered of desirous and I am questions having my Government the can. as as agency fullyand as responsively observe in order to provide of having a supervisor If the purpose for better service on a call that is routine and impersonalto start that control If did not refund come. return tax quality example,my
"

the fact that individual would uncover observation of the particular in order to administer to my needs, training perhaps he needed more of pricall, well,there is no question vacy an and since it was impersonal In fact, vis-a-vis a particular employee. in my conversations at all, and don't get anv oarticular in at random of those calls come most it would would all. I think reluctance at employee I would have no that the best possible of assuring manairement be a responsible, way agenciesto me. service is administered by the Government if Vou were callingto ask the lES whether a Mr. CoRNTSH. What and legal deduction tax income was a proper certain deduction on your would You not to have that not ? care and were so advised that it was
"

information go

would you? any further than that, ]\fr.Camtng. Well, itwould not go any further Mr. Caming, with all due respect to vou asume, Mr. Cornish. What this for tentioned well-inwell-intentioned all peopledoing you, is that these are to you, and that has been I am suggesting purposes. What amply shown by the events of the last several years, is that in many

this innocent information and well-intentioned peopleare not innocent and well intentioned. and I think as the subcommittee As you can appreciate, Mr. Caming.
cases can

I appreciate,

am our

not

able to comment

upon

that. I

can

only

say that that has been

and remember generalexperience

the Government

one are just agencies

segment of

the

4,000units.

interested in. Mr. Cornish. But this is the element we are primarily that. jNIr. Camtng. I understand that has been generally I am our experiencethat there has saA'ing have seen decades as far as being two over been no abuse that we the chairman would There is attention. to as no our way, brought
that would permit us imderstand,
to

the performance of critique

any

There has been none indication of impropriety. individual absent some to speculate,INIr. Cornish, as to not in a position and therefore I am whether not there is such abuse. I think you can or appreciate my

position.
but just let me ask you Mr. Cornish. I can appreciate your position, to the country if this final littletidbit. It wouldn't be catastrophic service
was observing

halted

would by Federal agencies,

it?

174 Would you have another type of agreement for an the like State installation, Department ? say, the I believe the tariffs of the C. " P. Co. do require Mr. Gaming. lines the outlined on subscriber to agree to the terms along pages 5 and 6 in my statement, and I will be glad to have that checked and that information furnished to the committee. installation at random So if I picked a particular Mr. MooRHEAD.
Mr. MooRHEAD. ? could get from you the agreement that was signed and administrative require]Mr. Camixo. I believe that is the tariff' ment because like any other largeinstitution, I hesitate, of the company. whether in this is the policyand these are the recommendations, done it is something we had actually the particular case you select we is definite policy and this be the But this the would would case. hope is what it should be when we provideobserving Therefore, equipment. ask for the State Department and w6 have provided them when you tariff requires,we agree in writing, with observingequipment, if our
we

such

as

notifying, they agree

and have

to

use

it for lawful have

vour

purposes,
was an

et cetera.

I will

aofree

not there was an or ment agreeitself lend does to the in writing, not equipment any form, you might say, of illicitwiretapping.If you do that, T think you do it conditions with more our methods, but these are clearly sophisticated P. and should Go. " the G. reiterated As I say, we and policy. recently
was

MooRHEAD. privacyif these strictures were I meant Mr. Gaming. What

Mr.

it confirmed You said you

and

staff so notified.
mvasion

didn't believe it

of

followed ? whether

be

which that policy following

If we could ]Mr. GoRNiSH. between in violation was gross and that agency, what action would you take ? have any indication of an or When Mr. Gaming. we impropriety If we find it is so we would take violation, we would then investigate. of and there was a possibility corrective action. If it was very flagrant minate terwould its after disclosure, we recurrence probably suspend or and we would take the necessary service and our tariffsso permit, said they would not cooperate, action. For example,if the agency they would not agree in the future,or if their conduct had been so that they would comply in the future that it appeared unlikely flagrant the equipment. would Unquestionably that is our we merely remove

I belieA^e reflects its task. that some Federal agency demonstrate the agreement of the telephone company

practice.
of the wide publicity Are given to the GoRNisH. you aware tion? observdngof calls made by the IRS by taxpayers seekingtax informaStreet I think a very prominent article appeared in the Wall and perhaps some other publications. Journal that the local office of the IRS, which reI am ceives Mr. Gaming. aware in the does of calls from the public, using a largevolume engage evidence of no supervisoryobserving equipment,but I have seen Mr.

impropriety.
Mr.

GoRNiSH.

if Well, the impropriety,

out in callers do not know, or did not know came publicity the press, that their calls were thusly. beingsam]:)led propriety, that that is not an imMr. Gaming. s ubmit I would respectfully to the is a constituted at law one that as party present, and overhear without the consent of the other party, conversation may

I may until the

is that the suggest it,

175
I refer to section is
we

have

the in
our

2511(2) (c) of 18 U.S. Code. employees of the subscriber know

The

present condition
is no
quirement re-

of it. There

tariffs that the other party be advised. In fact, tliat would utterly defeat the purpose of proper

and

if

an

employee

knew

that

call particular

was

supervision, being observ^ed

barometers

the reliable they would not necessarilybe getting of performance that is the purpose of this.

normal

Mr.
before
our

I can CoRxisH. the subcommittee have

an

only quote
inherent

one

of the

witnesses distinguished believe

today, namely

yourself, and that is we

customers

rightto feel that

they

can

with

the

same

degree of privacythey enjoy when

the phone telefacetalking

use

to-face. Mr. Camixg. business which

does not constitute any invasion of privacysince it.To have for supervisory initiated a second they employee participate for example, as the Supreme Court said, Rathhun v. Z7.^. in purposes 1957,if one employee held out the headset and had a second employee listen to it for assistance purposes without telling that the caller, does constitute, not invasion of privacyof the caller. The an clearly in my caller has no concern, opinion,whether one or two employees of the particular service him. company is for telephoneassistance. We ]\Ir.CoRxisH. That are talkingabout highly substantive personalmatters that are being discussed with the Internal Revenue Sendee. Let Mr. Camixg. about in the instance me we are talking say what of an emplo3"eeof the Internal Eevenue Service answering the telephone at random, usually on time automatic call system, at A one an violated if a fellow employee or B, that that conversation is no more also participates, both representing the same employer.And for supervisory
"

speak to any that conversation it,

I agree with that, and I do not think that calls to a calls to the business, and when are they are willingto member of the business who is an employee representing

is not is obtained,
Mr.

the caller is not purposes, of it and therefore aware

remembering that
I won't
carry

employee called review of his performance a the employee is aware of the fact he is
normal this

apprised so

that the

to this. subject

forever, but what if the second on IRS employee is an auditor and he is providingthat assistance and he is making little notations, and I am not suggesting this was ever he notations who little is making this caller was to doubleon done, in because of the nature when it came check that return of the conCoRX'iSH.
A^ersation ? I would submit that the first employee would also be Camixg. making these notations to check the return. Mr. CoRxisH. I am not so certain he would. Mr. Thank Chairman. you, Mr, MooRHEAD, Mr. Phillips? Thank Mr. Phillips. you, ]\Ir.Chainnan. Mr. Watts, in his statement, referred to the testimonythat John W. House Dean III, ex-White Counsel, gave before the Senate Watergate last year, in which he said that a 28-year-old ex-Bell SysCommittee tem who the House staff his AVliite went to "utilized tions associaemployee of the teleat C, " P. Telephone Co. to learn the pair numbers

Mr.

176 columnist Joseph Kraft phone lines of syndicated "wiretaps."

Mr.

in order to install

Caming, can
on

based
member

contacts

you tell me, did C. " P. conduct any investigation Dean's testimony to determine which, if any, C. " P. have information to tlie White House statF given this may to enable him to accomplish this illegal wiretap? Mr.

Mr. Gaming. I can that a matter assure of such you, Mr. Phillips, a nd public knowledge was very carefully thoroughlyinvestigated. Even if it had been bi-ought to us by private it would have complaint, been investigated and but you can be assured it was swiftly, surely doubly done. I was one of the many peopleon the horn to the appropriate peopleto find out what were the facts. To our knowledge,the investigation and compewas a thorough one tent and clearly with good intentions. We not able to ascertain were that information. I might parenthetically state that the disclosure of cable and pair information by anv other than that in accord employee for any reason with company s uch order authorizingto as a court policy, pursuant under Federal State law,is a violation of the secrecy a or wiretapping of communications which we indoctrinate our employeesin both at the-

time of

hiringand

Now,

also periodically, usuallyonce a year or more and such breach can and has led to dismissal. if we had found the employeesiuA^olved, and they had
a

quently, frebeen

of guilty

action would flagrant impropriety, appi'opriate disciplinary

unable to do that in this case, as 3'ou underwere stand. The potential is such that we could not run without it down further leads. I might also say that CAVA has always,over the years, and beforeI held this position, I was generallabor counsel in long lines from 1057 to 19G5, and they have always been most concerned and cooperative of violations of the secrecy of communications, in the area and I think ]Mr. Watts very eloquently the of the CWA concern expressed and we have always found them cooperative in attempting to uncover
facts in a situation of this character. None of those this particular situation, unfortunately.
us were

have been taken. We

successful

in tell

System employee referred to in Mr. Dean's testimony Was that part of the investigation? was interrogated? Mr. Gaming. edge. knowlOffhand, I cannot respond to that of mv own
I believe he was or talked to. I don't think at least interrogated discussed with him, and I believe from, my recollection, and vou must there have been so many revelations forgive me, Mr. Phillips, from Washington that I have to keep largefilesto keep them on se]:"arate tracks, but to my knowledge,Mr. Davis denied that information and I believe it was discussed with him. It would ha\'e l)een publicly, and usual and understandable the normal thingto do, and I believe there was indication of a^nj impropriety disclosed. no i^Ir.PiiTLLirs. Do you knoAv if he was to a polygraph examination subjected ? Mr. Gaming. That would have to be by some other group. The B(^ll the endorsement with of does not GWA, System, normally use polygraph detectors. Second, we not a law enforcement are body, so if we talk to 3'ou. for example,we don't interrogate ask to discuss you. we it with you in depth,and we do not use the polygraph.
"

]Mr. Phillips. if the ex-Bell

During

the

course

of that

investigation, can

you

it was

177
I asked the question because last week f hearings the use of polygraphequipment. on ]Mr. Camixg. We do not use the poh^o^raph. Do you know of the use of amof it, Mr. Watts ? Mr. Watts. No. Mr. Phillips. You Mr. Phillips. liekl 2 cku'S

we

referred on page 2 to the Federal Omnibus and Safe Streets Act and you mentioned the heavj^ criminal penalties for tlisclosure or use of wiretap communications. Do you know if there lias been any conviction under that provision of the act ? Mr. Gaming. I there have been believe of prosecua number Yes; tions. For example, one of Gordon to mind comes Novell, and I was going to make a very bad pun, ]Mr. Chairman, and say it was a very
novel
name.

Mr. jMoorhead. The Chair should rule you out of order. ]Mr, Phillips. Was this a conviction ? Mr. Camixg. This was of a privatedetective in a conviction, also, of prosecutions Seattle, Wash., and there have been a large number i n the I would the FBI would have stathink tistics I'eported newspapers. them. r^Ir. Phillips.
on

Thank

[Questions submitted
thereto follow

you ver}- much, ^h\ Chairman. and CWA to INlr. Caming and

the

answers

:]
to

Submissions

Additional

Subcommittee

Questions

in the enclosure written to Mr. Caming. '"T. 37-41"') denote (e.g., transcript pages (uurevised and unedited) of pagination of the reporters' stenographic minutes lance Surveilthe Hearing of .June 11, 1974, entitled "Telephone Monitoring and Other Information and Government before the Foreign Practices," Operations restated The questions are in the attached References

exactly

as

answers

to

Subcommittee

(hereinafter
Information

called

the

"subcommittee" to the

1. Qiic.-"fion
of service

furnished

) subcommittee
.

by
sales

one

national

plier sup-

in equipment systems sold in fiscal year 1973. Of these, 1,242 were from 1969 through the five years in 1.417 of the 1,778: moreover, 1973. Bell The purchased System companies 1,152 units of the 1,242 units sold by that last year, the Bell System purchased Co. What Electric is not the Western explanation is there this supplier which from outside sources of service for this major equipment observing acquisition

observing

shows

total

of

1,778 units

in recent

years

service observing and monitoring manufactured Question 2. Are these outside subscribers? systems procured for use l)y operating companies or for commercial in commercial is generally used manufactured equipment Qiicfifion S. What subscriber installations using s.?rvice observing equipment? manufacturers' outside these systems that is there about Jf.What QiicMwn companies? for internal item telephone use operating by them makes a preferred being treated Due to their close interrelationship, the foregoing questions are of response. by Mr. H. W. generally discussed They were jointly for purposes
'

William 1974

Caming

during

his

appearance

before

the

subcommittee

at

its .Tune

11,

(hereinafter referred to as the "hearing'"). [T. 60-64. 36-39, 46-.54] to the number for information made as the hearing, the request was During within the Bell System. [T. 63] There of business ofl^ces and plant repair bureaus handle offices) which offices (so-called record 2.-J50 business are currently some small, but of offices are of these very telephone calls. Many incoming customer calls than 2.500 telephone incoming more those handlins tl-.elarger ones (that is, There observed are 1.3.'"0. a re 85 currently some about upon. percent, month), per not oflSces are subject to also some 7.39 so-called public offices: these business face-to-face, rather with are customers their contacts service observing since in the 1.800 repair bureaus also approximately than are by telephone. There are 85 some these of percent, time. About 1.530 bureaus, Bell at this System currently obsei'ved upon. companies from purchased by Bell System The service observing equipment by the Tel-Tone outside question is raisf d is manufactured an supplier to which hearing

178
lias lieen in nse Bell System by some Corp. of Kii-ldancl AVash. This equipment trial basis. Within it was first installed on a our companies since 1910, when is used by, and is limited to, operating companies, this particular equipment of compiling comofficial service observing organizations, solely for the purpose pany service measurement is not furnished statistics. Tel-Tone equipment by Bell for supervisory observing, employee to business subscribers System companies is it used training assistance, or other purpose internally by our operating ; nor companies for purposes other than official service observing. of remotely accessing numerous, Tel-Tone's widely dispersed offices capabilities from and bureaus centralized, secure to prelocation, with a security features clude to the equipment access uniquely lend themselves by unauthorized persons, to use the Bell System as by telephone companies in service observing. Inasmuch did not manufacture standard outside equipment possessing these capabilities, M

procurement from
These

Tel-Tone

Corp.

was

undertaken.

subscribers specific capabilitiesare generally not required by business with engaging in supervisory observing and service training assistance equipment furnished the Such observing is usually performed on by the telephone company. subsci-iber's premises or close thereby, and it normally site,that is,on the business or only the operations of a single unit, group, deixirtment Accordencompasses continues furnished to be standard inglv, the equipment equipment, in general Electric Co. SrxK-ific manufactured requirements for supervisory by the Western of course somewhat scribers, subobserving and service training arrangements among vary so that facilities provided locally are arranged by each Bell System Co. to conform to the particular subscriber's needs. These incorporate arrangements varioiLS ample, types of key equipment, such as multibutton key telephone sets (for exof 12. IS. 24. or 30-but6-hutton sets) and Call Directors (for example), and of these console positions. Many supervisory tons) and special switchboard of the automatic call are obsei-ving arrangements provided at present as a feature than in rather distributing systems (ACD), through key systems. ACD's vary of incoming calls to the business. They range capacity, dei^nding on the volume from in the instance (K) or less attended of more or positions to several hundred airline reservation centers. a few [T. 30] of the Bell Official service measure observing is the principal quality control is to enable of no adequate substitute for it. Its sole purpose System, and we know m'anagement to evaluate statistically the overall quality of telecomiinuiications
service

rendered
random

to

its

customers.

The
no

observed

calls

are

selected

on

pletely com-

of identifying beforehand the calls method not observed, and Caistomer-to-customer conversations to be "observed. are every reascnmble serving customers' to safeguard p?-ecaution is taken privacy. The service obthe observing involved, and the locations where practices, the equipment

sampling

basis, with

such promote and ensure privacy. [T. 47-41"l constantly seeking to improve the quality control results in a secure from its official service observing, in part by extending obtainable of its widely fashion each to as many operating company's observing capabilities We have also disi"ersed offices as practicable throughout the territory it serves. increase to centralize service endeavored security, observing locations to further like Telachieve and promote efficiency, greater uniformity of results. Equipment Tone, with remote, service observing capability, enhances secure our significantly is

physicallv performed
System
is

Tli'e Bell

ability After

to attain

these

during a trial period commencing gree appeared to offer a high deequipment installed has. accordingly, been of efficiency and security. This equipment and used in increasing numbers throughout the Bell System to obsei-ve randomly and calls to business offices and tistically repair bureaus thereby staincoming customer from evaluative ice a quality control standpoint, the overall servmeasure, of the observed units. [T. 61-021 performance of features its security, Tel-Tone which enhance equipment has a number including the following : nf the security (a 7- or 10-digit accessing telephone access code Knowledge is necessary to the equipment. to gain initial access number) ing code must to a returnAn then be dialed (in response additional security access of seconds, with proper audible interdigit tone) within a specified number disconnected. intervals, or the call will be automatically calls to the business office or repair bureau then selected for are Incoming basis. [T. 49-53] observation on a totally random have introduced and are installing a special As an added security measure, we carefully evaluating
we

objectives. its performance

that the Tel-Tone

in 1970.

concluded

dialer

that

produces frequencies which

cannot

be

duplicated

on

conventional

179
kept in secure observing nel. personquarters, code on In addition, it is our policy to change regularly the security access service basis. Further, our observing people are reliable, well-trained random a of communications and to our knowledge, not one has violated secrecy individuals codes would disclosure of the security access Of course, 70 years. in almost any all of communications regulations with which of the secrecy be a serious breach lead of these rules to dismissal. can [T. 48, familiar. Violation are employees 50-53] if device. Even as a to use is not amenable wiretapping Tel-Tone equipment to our only access access observing equipment, he would one gained unauthorized calls to the routine business lines at its company receiving wholly random, offices or repair bureaus. It bears business reiterating that customer-to-customer of this equipment in any observed the use conversations or not through are other fashion. [T. 53] and effective have been trol We comprehensive quality conpleased with the more of Tel-Tone. results available to the operating companies through the use of this equipment have been the the the use gained from advantages Among service been able to extend have customer to our measurements following : We in administration of our service locations. Greater uniformity observing more Touch-Tone" telephone.
These dialers and

security

codes

are

and

access

to them

is confined

to authorized

service

force has been utilization of the work effected. A completely continues of the calls being observed to be achieved. Significant cost savings have resulted. Greater security has been provided through closer service supervision of centralized observing forces. [T. 49-50] installed extent recorders Question 5. To what are as an integral facet of the when service installed for: observing and monitoring systems (a) operating telephone companies? subscribers? (6) commercial has been realized. Better random

selection

(a)
No

opekatikg

telephone

companies

Bell

System
in

company,

with with

but either

equipment observing; System. Through

connection

single limited oflScial service

exception, observing
recorded

uses or

recording supervisory
in the of

all such observing is "live" (i.e., nonrecorded). Customer-to-customer have been conversations never
the

Bell

mid.sixties.
to

official service
"

customer

calls

plant repair bureaus

instance obsei-ving in one ^was generally performed

"

ing incom-

in the Bell

System, for quality control service customer measurement through purposes, recording. A so-called beep tone (originated by a tone device automatically producing distinctive "beep" tone, repeated at intervals a of approximately fifteen to indicate seconds to the parties to a call that their conversation is being recorded) such calls to the telephone company was recorded. always used when were An electromechanical selector chose for such observing a random sampling of the customer calls coming in over trunks. repair bureau the Bell System's experience However, with of service observing this method (by recording) of calls to repair bureaus not was quently, wholly satisfactory. Consethe operating companies such gradually eliminated recording and now only in "live" service observing, generally from centralized locations, of engage In one incoming customer calls to their repair bureaus. ing service observcompany, of customer of its smaller is still performed calls to a number repair bureaus of its repair bureau through recording (with a beep tone) : the remainder observing is "live." It is anticipated that such recording will be phased out within
the next

6 to 12 months.

(b)

commercial

subsckibers

Bell System do not companies subscribers, including Government assistance At the

purposes.

provide recording
agencies, for Department
amount the certain

equipment supervisory or

to any service

business

training

specific request
have with

of
a

the of

companies
connection mimications

furnished
the

limited
within

operation
situated

of Defense Bell System (DOD), for use in of recording equipment criticnl military private line telecomcontinental I'nited States Air [e.ff..

networks

Force Command Strategic Air Primary Alerting System (SAC PAS) ; Joint Chiefs of Staff Alerting Network Command Force (JCSAN) Post Alerting ; Air Network (COP AN) Command Network : and Aerospace Defense (SAGE)]. is not provided This recording equipment to DOD military organizations for service observing or supervise iry observing purposes. It is furnished solely for

180
recall and to monitor, and verify to the and made undertaken decisions operational operations necessary, by tlie military on their high priority private line networks. to the type of discernible trends in recent as years Question 6. Are there any for whom the telephone companies are -commercial subscribers installing such eral sector customers? (1) Fed{h) Public sector customers? equipment: (a) Private Other entities? State government agencies? (3) agencies? (2) In both the private and Answer. public sectors, the trend generally continues, of large volume to subscribe, number users for a limited it has over the years, as for supervisory and training assistance under tariff, to observing arrangements 4.000 to that some said at the hearing, it is estimated As Mr. Gaming purposes. these subscribers million business 9 Bell use of almost System ments. arrange4,500 Government agencies and other to be largely businesses. They continue instances bers which place to, meminstitutions regularly receive from, and in some of calls. Airlines, banks, hospitals, department of the public large volumes swering television radio and stations, credit bureaus, telephone anrstores, newspapers, Internal Revenue utilities, and Government agencies (e.g.. public services, the and General Services Administration, Administration, Service. Veterans still among of Columbia) of the District are Police Metropolitan Department of such equipment. the primary [T. 29-30] users to subscribers or government agency Qiiefition 7. Is it possible for commercial of service installation for and observing to service purchase arrange telephone obtaining it from a telephone company? equipment, without terminal equipment is, Answer. Yes, it is possible. If the customer-provided network telecommunications by direct to the message to be connected liowever. from is required by tarift to obtain subscriber electrical connection, the business the work netto the protect arrangement the connecting telephone company proper must arrangements from harmful voltages and signals. All interconnection sions minimum protection criteria set forth in applicable tariff provi-comply within administrative and practices. terminal ment equipfor customer-provided interconnection These arrangements network the with insure technical compatibility to message ai-e required of the general public, telephone company to members and thereby preclude harm network the complex service employees, the quality of service provided, and

tactical

and

operational

purposes

...

"extent

tactical

iteslf. would operating telephone company an what circumstances Question 8. Under subscriber's commercial request for installation of fuUact favorably on a service (automatic call director, service observing, rscale ob.serving equipment recording, etc. ) ? not *******
panies Bell have operating telephone comSystem observing equipment? will reject a business of the Bell System Answer. The operating companies ing service trainof .supervisory observing and subscriber's request for installation of the with refuses subscriber to if the comply any assistance equipment that the intended indication of the offering or gives other conditions and terms its intention indicated will be contrary thereto. If. for example, the subscriber use for training the need than other for purposes the equipment determining to use employees, the quality of service rendered by its telephone contact or improving the indication of intent to extend lounge observing to employee or gave any would be unacceptable. for personal use calls, such proposed telephones used ness affected Likewise, if the sul)scriber declines to inform employees that their busiits would be contacts to observation, requests supervisory subject telephone for service will be rejected. phone instance in which able to ascertain an We have only been operating teleone service furnish and refuse to to oliliged oltserving was supervisory company apolis subscriber. In May to a business 1973. an Indiantraining as.sistance equipment offered declined which training courses, specialized industrial company, to agree in writing and conditions of the offering. to comply with the terms As a result, Indiana ing Bell Telephone to furnish the requested observCo. refused equipment. the operating comin our to question .5.b.. answer panies Parenthetically, as stated of the Bell for subscribers do not furnisli recorders to business System service observing, supervisory oliserving. or any other purpose (except limitedly to components of the Department of Defense for the previouslv-described purof tactical and Subscribers over eposes operational use private line networks).

Question

16. In

what

instances

refused

to install

service

182
Question
Conference
on

the

12. The report by the telephone of Public Utility Commissioners of service monitoring. Would matter
"

staff committee of the New England of action proposed several courses subscribe to the need your company

for

by

a designed to fully acquaint subscribers, program practiced? observing was media, that service woiUd Answer. The Bell be willing to introduce a companies Telephone gram proand other to acquaint subscribers, by billing inserts media, with its official believe do not, however, sary such a program is necesservice observing practices.We be counterproductive. Publicity of this and coacerned that it might are unwarranted could be readily misunderstood create and nature apprehension that conversations customers their of was the telephone being our privacy among and invaded. Such be unfortunate misleading, for as we an impression would observed. conversations are have previously stated, customer-to-customer never sole purpose of service observing is to evaluate The statistically the overall quality rendered service to our of telecommunications and customers by equipment service and riindom contact proportion of calls for customer sampling a minute The measurement conversations privacy of our customers' performance purposes. is always fxillyprotected. to insure a vigorous all Bell System companies conduct Furthermore, program reasonable tion' privacy through physical protecprecaution is taken to preserve every instruction of employees. and of telephone locations thorough plant and to the closely-guarded service observing personnel have access Only authorized when at all times and these locations locations records, and are kept locked from in use. who not perfoi-m service oliserving duties ai-e chosen Employees of demonstrated our more reliability experienced people. They are persons selected with care, thoroughly closely supervisefl. They, like all trained, and of employment that as a basic condition omployees, are regularly reminded they rules and of secrecy adhere must applicable laws in the area strictly to company of communications. describing their responThey are required to read a booklet sibilities lead to discharge. In, howViolations ever, is expected of them. what and can of no almost of service observing in the Bell know 70 years System, we service observer vinlated rules designed where has the coniivany instance ever a customers' to protect the privacy of our conversations. [T. 47-48.] of providing Official service observing is performed solely for the purpose Bell System and the appropriate regulatory bodies with their prinmanagement cipal of statistical information source regarding the overall quality of service to the genei-al public. In no wise does service observing conducted being rendered in accordance with the strictures and snfeguards uniformly applied throughout the Bell System of personal privacy. constitute an invasion for each, i.e. to the need subscribe QKcstion 12. * * * Would your company

each, i.e. (o) Institute

bill inserts

and

and

pursue other

"

"

*******

(ft) Bring service observing and monitoring practices directly under tory regulaof tariffs filed with scrutiny by covering it in the General Regulations
commissions?
Over Bell System the years, observing practices have been under islative legoversight and ample, regulatory scrutiny on an ongoing basis. In 1966, for exreviewed of the National of RegiilaAssociation they were by a committee and a recommendation tory and Utility Commissioners, included in NARUC's was 967 annual review the service report that each of the state utility commissions under observing policies and practices of the operating telephone companies its respective jurisdiction. The the official service observing practices,prepared question of whether by A.T. " T. and uniformly administered throughout the Bell System, satisfactorily with has been privacy of communications comport extensively reviewed, by the Commission Federal Communications and State by the various regulatory bodies Ce.g.. California, Connecticut. New Massachusetts, Georgi.i. Maine, Hampshire.
J

Answer.

New

York,

Rhode

On

September

I.sland, and Vermont). 14, 1966. Mr. Hubert

on

L.
Bell

Kertz.

A.T.

"

T. the

vice

president
"

Operations,
Administrative the then

testified

behalf and the

of

the

System

Procedure (of which Committee T^S. Senate on of service observing as a quality conducted. it was in which Also, on September manner to a detailed written responses 1966, A.T. " T. furnished Long relating to service observing. by Senator

Practice

before Senator
the

Subcommittee Edward V. Long

on was

chairman) the vital importance

of

Judiciary
measure

concerning
and December

control

the

8, 1966, and

8,

series of questions posed

183
section 802 of the Federal Omnibus Crime Control Safe and 1968 [IS U.S.C. " 2511(2) (a)], Congress recognized that sei-vice random observing and monitoring for mechanical or service quality control checks was a necessary incident to the rendition of telecommunications services and expressly authorized such practices. Commenting this portion of the on act, the Senate Judiciary Committee in Senate Report No. 1097 (April 29 1968) ' said on page 93 : Streets Act
of "Service of (communications These

Thereafter,

in

observing is the principal quality control common ) carriers for maintaining

procedure
and of and the

used the

improving
our

by these quality

telephone service." examples of reguhitory and legislative oversight and that they are procedures demonstrate under careful and that general tariff regulations relating thereto not are Question 12. * * * Would subscribe to your company
is ******

observing policies continuing scrutiny

need

needed.

for each, that

observer's key, by a relay or some other method, to cut off at the time the caller is connected to the party called ? It bears Answer. reiteration that service observing does not include any listening to customer-to-customer conversations. Each official service observer is and rigorously trained to remove fully instructed herself or himself from an observed connection between customers as soon as the called station or party is connected. Service observers their are work carefully supervised and output to insure closely reviewed to such instructions. The they strictly adhere large of observations that daily number must be taken and physical noted, and such indicators as cords, display panels, and the visual lamp signals at each
observer's observer is still on a connection), also position (indicating whether an to precluding of observers The significantly contribute improper conduct. any understand that severe will result from tion. violacourse disciplinary measures any As in almost official service 70 years no previously mentioned, however, observer ing has. to our violated instructions knowledge, ever by improperly intrudconversations. customer [T. 48] upon To service the provide additional assurance, observing positions throughout exclusion Bell with semiautomatic feature, are a System generally equipped which
soon as

(c) Automate

the

service

further
the the the

minimizes

the

official observer's
is

brief

required

data

noted, the

presence observer

on

the

connection.

immediately

As disconnects

conversation at the effective start of customer-to-custonier by observer therafter reenter that cannot tion, connecrequisite key. The unless the observer is automatically restored to the audible by the equipment portion of the connection recalling the operator through approby the customer priate the customer or hangs up at the signaling (flashing the switchhook)

from

circuit

pushing

conclusion

of the

conversation.

is currently the Bell System concentrating on the research, Furthermore, of a so-called service evaluation or new design and development system. Through the proposed and modified system will result in fewer, equipment arrangements, cluding inand centralized increased mechanization, more service observing locations of to techniques obtain, automatically, use computerized expanded We anticipate that such a system will produce requisite service measurements. of the work effective utilization even greatei- uniformity in administration, more security through closer supervision force, significant cost savings, and increased tion mechanizaservice of centralized observing forces. Also through such increased of the quality of service will be evaluation and computerization, the human further reduced. between made the Bell copies of the written agreements Que-^tion 13. Furnish subscribers Federal and those System operating telephone companies agency service for whom D.C. area obsening ment equipin the Metropolitan Washington, of the equipment use the strictures imposed on has been installed, showing by the subscribers. et seq. are 13-A copies of written Attached hereto attachments Answer. as

agreements
area

with of

Federal

Government

agency

business

subscribers

in the

politan metro-

D.C. relating to the provision of observing arrangements Washington. for supervisory and training assistance purposes. [These agreements are in the subcommittee's files.] furnish copies of the written ments agreeQuestion rj. For comparative purposes, and representative the Bell operating companies made between System similar where in this same telephone service is area, commercial subscribers being furnished.

184
Answer.

14-A attachments hereto et seq. are as copies of written;, siibserihers ernment Govrepresentative business (other tlian Federal of Washington. D.C., relating to the agencies) in the metropolitan area for and supervisory training assistanceprovision of observing arrangements files.] [The copies are in the subcommittee's purposes. used agi'eements Qiief"tion15. Furnish sample copies of the written by other of the Bell which have installed System major operating telephone companies Revenue sei-vice observing capabilities for the Internal ministration AdService, the Veterans' Social in other and the Security Administration parts of the

Attached
with

agreements

country.
written IG-A hereto attachments ci. scq. are Attached as sample copies of used of the Bell operating telephone companies by other agreements for supervisory System, relating to the provision of observing arrangements to business subscribers. in the and [The copies are training assistance purposes subcommittee's files.] 16. See pp. 180-181. QuesHoH Answer. Answer.
^:

See

pp.
*

180-181.
*

Question
in
a

11. Notwithstanding

the

pre.sence

of

an

automatic

call

distributor

observing system installation, is it not a relatively simple matter of the incoming calls to a specific supervisory selectively transfer some console access" which monitor position, thereby negating the alleged "random ensures privacy? Automatic Call Several models ing DistributAnswer. of Bell System-furnished business subscriber a (ACD) contain, as an optional feature which Systems calls from attendant's an order, the capability of transferring incoming may position of his (or her) sui"ervisor. position to the console ACD will still automatically feature is included, the distribute If such a calls in the approximate ant the incoming to the attendsequential order of arrival tendants" positions in the order of their availability. If at any given time all of the atwill still advise the announcement positions are busy, a recorded that the company, all of its attendants are calling party that he has reached will be available that and one shortly. The waiting call busy at the moment, available will be distributed to the attendant. next usually then randomly
service to then This has call and When random the the

distribution transfer
random the call

above-described

capability feature. capability is present, any attendant

access

process transfer

is the

same,

irrespective of whether

the

ACD

through
transfer

can,

if the to

attendant for the

so

desires,

receiving an incoming signal the supervisor

to

the

supervisor

function
as

is wholly

unrelated

supervisor receiving a observing, the call in progress. transfer capability does not affect the "random distributed to its attendants. are by the ACD
the

handling by the latter. This visory supermuch supervisory observing function, inascall is directly involved in handling, transferred
Further, access'' the
manner

rather

than

pre.-ence

of

this calls

in

which

Responses
America Government

of to

Glenn Written Information

E. Watts, Questions

President. Submitted Subcommittee

Communication'
by the

Workers

of and

Foreign

Operations

of a situation cutoff switcli where transmitter a Question 1. "Your example he automobile would was an appropriate push-to-talk switch body shoi). What in Federal offices or there other are more typical situations agency such devices would be appropriate?" facilities where In Federal would Control be Command and Answer. agencies, other examples of the security requirements to prevent background tions conversaCenters, because from Aviation control and ivioms : being intercepted ; Federal Agency tower tions condisearch and Coast Guard rescue operations headijuarters. under emei'gency of the Government and press rooms : composing Printing Office : boiler rooms of the noise levels. All of the foregoing and machine shops of agencies, because show of the mitter transor "push-to-talk" switch a use morally neutral examples cutoff, since the issue of privacy is not existent. alternative of giving notification to callers that their means Question 2. "What would recommend conversations as subject to monitoring being most were you
or

effective and
Answer.

most

practical?"

of users of such with the holders' identities equipment, of such tariffs : 2. Identify the users in company equipment pulilicly available in Georgia pursuant to statute in the telephone directories, as is done ; 3. Recorded 1. License

185
to their callers, telling that conversations with message the in personnel ""X" department 4. The are snbject to monitoring; person accepting the call, snch service as a assistant, wonld with begin the conversation a statement telling that the call is subject to monitoring; and 5. A variati(m of the "Beep"' tone

that monitoring is in progress. required for recorder use, to indicate In staff committee of the 1966, the telephone New Conference of England Public conducted of tlie service Utility Commissioners a study observing " Telegraph Co. and lu-actices of New England iSouthern Telephone New England Co.. which the six States of New serve York. Telephone That lying east 19GG that service study stated observing extended through all departments, and was "conducted centralized basis in four locations on a Boston, Lawrence, field, Springand Providence. The 1966 staff study recommended that the companies be the a to inform their required to undertake calls public that program were subject to monitoring, and to bring the monitoring the regularly practice under published tariffs filed with the State utility commissions. In that six-State area, the monitoring extended to plant repair service originated about 1910, and was in 1928. CWA been Question 3. "Have employees surveyed concerning service observing if so, wliat and the consensus views? are monitoring, and
"

Answer. broad
area

CWA of

lias

conducted

four

nationwide

surveys

of

members

on

the

includes various methods of observing pressures," which The at work. employees job pressures studies, conducted lished estabby committees in 1968, 1969, 1970, and 1973. The idea board, were by the executive to 1967 convention of the union. study job pressures originated at the June Attached is a copy of a chronology of events, taken from to the a report executive board. The full reports of the job pressures committees held are on a confidential limited to approximately 20 top officials basis, with the distribution duties of the union whose involve various aspects of bargaining. A ClIKOXOLOGY in
OF

"job

EVENTS

At

the

29th

Annual P.

Convention

Kansas

City, June
Local mandate

Delegate
motion "Mr. to conduct

McCoy
:

Garrison
I
move

Jr.. president
that this

of CWA

19 through 23. 1967, the following 2204, made the executive board

Chairman.
a

convention

the Bell study of the undue being applied throughout i)ressures of appropriate and to traffic operating System measures to alleviate employees such pressures." follows as : Delegate Garrison supported his motion "Our traffic operators rate high on the list of those under constant employees unreasonable for and uncalled indexes forth to meet set by the pressure not the customer. constant to meet certain Operators are under company, pressure which will only he raised the objective. once met conii#litedindexes they have has "The led to unnecessary absence cause beapplied to these employees pressures of nervous sickness of tranquilor nervous use breakdowns, widespread izers and a large turnover in the traffic operating force. "Constant devices, such supervision through monitoring as supervisory soles conand and direct monitoring recording devices, plus constant supervision !"y the which create have condition a we parallels the sweatshops management be found desirable must to create more a fought against for so long. Ways traffic operators under healthier for our which and to work." atmosphere discussion understood that It was then during subseciueiit convention job studies would include all departments of both Bell and nonSystem pressures Bell telephone companies. Soon Beiriie after the convention. President a appointed job pressures study committee consisting of : Clara Allen, New Jersey director (chairwoman). Robert Butland, president. Local 1022. McCoy Garrison, president, Local 2204. Faye Holub, president, Local 6312. Bertha Van 6323. Sittert, president. Local Ellis Crandell. president. Local 9409. IMyrtle Robertson, secretary. Local 3372. sent conducted in April, 1968. The was was The first job pressures survey survey of vast wealth contributed to all CWA this survey local presidents. Although a attitudes and the pressures employee qualitative information, it did not measure

186
a did it give information quantitative basis, nor on district or company a basis. It was determined detail was that more needed. Tlie second talien job pressures in Marcli was 1069. The survey committer devised and distributed two questionnaires designed with similtir objectives, but to have different approaches. One questionnaire was sent to all local presidents on

having questions geared

areas.

to the amount of grievances processed in various lem probquestionnaire was sent to a randomly picked sample of union employed by the telephone industry having questions which pertained to their attitudes and experience on the job. On June 4, 1969 tlie results and conclusions sent to the CWA were Executive Board committee. A week later Louis by the job pressures B. Knecht a gave preliminary and confidential report of the findings to the executive lioard. At the 31st Annual June Convention. 16 through 20, 1969, Clara Allen, chairwoman of the Job Pressures Committee, conclusions reported the results and

The members

other

of the "We exist

extensive and do thorough study that job pressures local presidents telephone industry. A significant 63 percent of CWA and 4.5 percent of local members to this fact by responding to surveyed attested of eight or more This questionnaires that consisted far exceeded pages. response the normal 12 to 15 percent response of the average two-page political survey. "In order to obtain measurable factual information, an of enormous amount For this and their very planning and fieldwork was willing cooperanecessary. tion and assistance in compiling the statistical data, the committee is truly and Research grateful to the CWA Development Department. "An in-depth study involving two was to obtain conducted separate surveys
an

as follows surveys, have verified by

in the

the

statistical

of problem presi;'ents, explored a multitude areas. more precise so that there could be actual measures of working second consisted of two conditions. This questionnaires ; one survey sent to all local presidents of telephone locals, and the other was sent to was The of this final survey 11,000 local members. bore overwhelmingly response out the analysis developed in the early survey. "The outstanding example of the problems that exist is the company's absentee control The committee found that fear is generated from the excessivie_ program. who have been ill. by management against employees disciplinary action taken 40 percent of the locals for Approximately reported having suspensions due control. There is also an absentee and alarming rate of dismissals promotion revealed that absentee control is a denials. As expected, the individual survey also confirmed that larger problem with the females than the males. This survey fear of disciplinary action the take to employees unpaid days encourages off rather than reporting in sick. of evident that "index measurements" "It is now systems" or "work are one other the more also the focal point of most serious problems and job pressures. The that such committee, supported by the statistical data, concludes systems determine normal and do not workloads personnel requirements. adequately of the index the administration now Furthermore, design and system poor rate of produc"beefing up" the normal tion present in the Bell System encourages dishonest thus resulting in unfair competition. An methods, by various unfair four-fifths of the local presidents felt that competition was alarming majority felt that promoted by the existing index system, and an overwhelming cording Acof '.inch a system was the results reported inaccurately to top management. out of every four females was to our disciplined last year sample, one Ircrm resuUinir the index system. reporting of work materially affect the honest "Working supervisors very of their an The results measurement. production distort the figures, making location "look good." understaffed work tion irritacaused have various practices of job observation "Management's gross five females members. Three out of every surveyed responded our among uncomfortable or harassing that such job observation creates an atmosphere. The : however, to evaluate committee job performance recognizes the need for a means not only harassing of job observation and methods are the existing administration if be changed and must hut in the extreme, are degr.-^ding to the employee its present low state. from is to be improved employee morale from the company's of overtime stems main issue developed in the area "The overtime that short assignments. It appears irresponsible handling of overtime the committee workers female than : however, notifications more plague male workers in the traffic department points out that the schedulin:r of sixth-day overtime is a problem that is growing rapidly.

"The

data necessary first survey, sent to The second was survey

for local

the

committee

to

arrive

at

their

conclusions.

187
and tlie local presidents expressed of an attitude of personnel use records. It appears company's that the has been when neglecting to inform items employees company to become are not always are part of their records, and members given the right to review their records. one-half of the Almost locals stated that made they felt the entries into personnel records unfair. are "The of company adequacy was training programs severely criticized by both the local presidents and the individual members. Over of the three-fourths locals gave than Also, more ratings to such training programs. poor a majority too from trained reported that soon management expects too much newly employees. "There is significant evidence that the number of employees is insuflBcient in most to provide adequate cases service to the customer. This naturally throws workload the employees a greater and heavier burden firstline manageon a on ment. "Both

individual
toward

members

mistrust

tlie

"In concluding this report, the committee that the stature of the emphasizes telephone industry in the public eye is in critical danger. When asked how they would recommend to a friend a company to theirs outside the comjob similar pany, two-thirds of the employees that failed to rate their job as a responded good one." F.eirne On October appointed a .Tob Pressures 2, 1969. President tion Implementa-

Committee

to determine in the

what

action

could

be

taken

to

alleviate members

the

work trict dissures Presupon

existing pressures Clara Allen, New

4 At
an :

Jersey
board

committee telephone industry. The CWA director; Patsy L. Fryman.

area

included

representative,

and, Victor
executive
:

Crawley,

director,
held
on was

district

meeting

March

6 ; 13 and in

Implementation
as

Committee

report

reviewed,

14, 1970, the Job depth, and acted

follows

executive lioard accepts in principle the recommendation of the Jol) Committee. Implementation act to pxit into effect those mat(2) All responsible officers will immediately be handled and will alert those staff involved tei-s which in job pressure ters matcan to step up activity in their field. to use his office in keeping the companies and (3) The president is directed of the executive dissatisfaction the locals with board's aware working grave conditions in the industry. chart devised consisting of five points, as follows : An action was informal to participate in an (1) Send proposal to A.T. " T. for each company mittee meeting with our people to discuss job pressures. Propose also an ad hoc comof vice presidents of the companies to meet with three-man committee a of the union in the industry. to informally discuss job pressures in each in the district with (2) Vice presidents to review pressures company with be prepared staff. Vice presidents should on existing information reported

(1) The

Pressures

pressures

in district

and

union.

himself and company atives represent(3) Vice president to set up a meeting between in the particular company. A report of the conto talk about versations job pressures to be sent to headquarters. between all staff involved to arrange a meeting (4) Vice president to endeavor ing Meetin job pressure people as will come. management matters, with as many to be sent to headquarters. to be informal. Report of conversation in each district to become expert in (5) Vice presidents to assign someone will make records of reported certain that adequate this question. Said person taken to correct such pressures vrell as action are kept. Person as job pressures be done a need not be a staffman competent by a local officer or even ; it could clerical employee. CWA in Cincinnati, Delegate George Vogelsang. Convention At the 32d Annual the following resolution : Local 8490. made is conducting Commission inquiries in the Federal Commimications "The broad subject of quality and grade of the telephone and telegraph services offered
to Ihe Nation.

"The
standi New

Commission,
rds
to define

in
what

existence
is the ideal

35
of

years, has
area

has

not

to

date

evolved

set

of

telephone and

all over service the Nation "Telephone York City has been the most troubled of worked

telegraph .service. in crisis in varying been degrees. York New to date. The Telephone
facilities to meet the

in a crash been Co. has program have the company This union and assignment of plant personnel from

installing
shoulder
areas.

demand.

to shoulder

in the

temporary

other

188
Co. has Union Telegraph the Nation, delivery service all over -"as to approve higher tariffs. The Commission
"The its

Western

service the public message conjunction with the U.S. Post Office. for the service problems ; too "It is all too simijle to rely on stereotyped reasons to accuse for the union too union : easy practices to decry for management "iasy Solutions service to the public second. and first the^ of profit putting company for far too complex of 1970, are other most problems with to these problems, as -abandon in

well as curtailing its office hours time it is asking the at the same to also is indicating its wish company into "mailgram" ice, serventirely, by its move been while

".simpledisposition. to have difficulty in identifying the seem themselves "The telephone companies the personseemed to blame One executive nel of service quality breakdowns. cause tion in the deterioracause as a major of them represented by this union most
" "

of service.
of excessive time; overassignment discharge for failure to vv'ork eliminated employees ; training periods for new or hours extra ; foreshortened of supervisors including the use absentee control programs, adoption of vicious other avoidable job pressures. to check on personnel who are ill ; and various failed to had his company that flatly admitted "'Another telephone executive and its own made engineers demand .service by projections the attention to pay the projections then realistic. unas dismissed 5 years economists management ago. The it of adding facilities, is in its crash the company program Now, when and it must for the borrow, interest rates is encountering money extrahigh who are in payroll for the employees paid hourly rates. extraordinary expenses and brit less reliable, more costly. Although is less and more service "Telegraph for physical delivery of allowed been to collect a surcharge Union has Western the messages it often sends through the mails. messages, "The trend in the of

industry

has

been

to resort
or

to

the

threat

demotion:

suspension

even

"The

Federal

Communications

Commission

did

not

invite

the

collective

gaining bar-

agent of the employees to take part in the inquiries into service quality. is that now being supplied to the Commission "As a result, the information tliose set up standards wish to provide. The are involved which tl'e companies by the companies.
'

this 32d That "Resolved, of America urge the Federal

Annual

Workers of the Communications Convention Commission to (1) solicit the views Communications

of all bargaining regarding agents of the employees its own standards ; and develop, adopt and enforce

quality of service
be to it further

; and

(2)

Resolved,

That
as

this

union the

inquiry
and customers,

so

to include

overtime, telephone and The resolution was adopted unanimously. ment November On prepared by the developquestionnaire was 24, 1970 a survey and research containing 41 questions relating to the quality of department It was and sent to a 1 percent random on-the-job pressures. telephone service of CWA's in the 3,000 membership telephone industry, approximately sample States. members throughout the United and data the survey research A report was by the development prepared from utilized The results were compiled and by the legislative staff in department. in Docket CWA's 19129 intervention (FCC Investigation of A.T. " T. tariffs) in May 1971. in Los J. O'Neill, Annual At the 34th Convention Angeles, Delegate Eleanor Local the following motion CWA : 5009, made reaffirm the job pressures Mr. that the convention President, I move gram prolocal representatives be added the committee be reactivated and : that ; be reviewed further that the program and updated and its goals be accomI)lished by the 1973 convention. this motion To implement President Beirne recommended that the committee
excessive in the

the Commission urge important human very which must necessarily

expand

its service

factors, such as affect the services telegraph industries."

quality job pressures provided all

be reactivated
Clara Victoria

and

consist

of

(chairwoman). Local 2022. White, member. Allen W. Kempf, president. Local 5575. ]\Iarie King, secretary-treasurer. Local 6016. P.ertha Van Sittert, president. Local 6323. Ellis Crandell, president. Local 9409. Job Pressures The Committee still consists Implementation Patsy Fryman, and Lonnie Daniels.
Allen, New

Jersey director

of Clara

Allen,

190
broad

OTP supports and which guide generally ings, of transmitter cutoli"switches. For the present hearuse OTP's own toring moniof the and nature use discuss that telephone we you asked toring moniequipment by this Office.OTP does not permit telephone of all parties to the conversation. When the consent without the line, and transmitter secretaries may come is given, on such consent
which principles

cutotf devices are useful for reducingbackgroundnoise. As we reported in response to the GAO survey, three transmitter cutoff switches are installed on secretarial telephoneconsoles in the director's office.The total rent for fiscalyear 1973 was $90; we expect that to be about the for fiscal 1974. same devices, you of the telephonelistening use In addition to OTP's summarize the results of the privacystudy also requestedthat we

Director of OTP, testified before which about Clay T. AVliitehead, that the Office had undertaken He stated this subcommittee last July. law and regulation to protect the a study of the adequacy of present and the privacyof individuals in their electronic communications them. of security the systems carrying of the Columbia conducted by Prof. R. Kent Greenawalt The study was UnivereitySchool of Law in New York City.Professor Greenin the legalscholar with broad experience distinguished Its entitled His Meaning field of privacyprotection. study, "Privacy Mr. is in the final stages of preparation, and Its I^gal Protection," await is
a
"

future. This and should be available for release in the near receive of a subcommittee will, course, copy. By way of a brief summai'}', the study deals wnth the concept of and various problems its legal the issues regarding protection, privacy, the Domestic Council Committee and to OTP on to c oncern of special is of multif the of aceted, Although privacy concept the Right Privacy. mation on the study concentrates privacy as an individual's control of inforfor this is that control over tion informaabout himself. The reason for the development of individuality, alx)ut oneself is a prerequisite emotional release and the intellectual growth,creative activity, Chaimian.
maintenance of with relationships others.

Professor Greenawalt noted that while there are various significant riers, barnonlegal restraints on invasions of privacy includingphysical far ethical are and by restraints, legalprotections indifference, restrictions. the most significant formation inabout himself when lose control of information A person can from his wishes from him some area obtained or is against in which he expex'ts privacy,when information is obtained from the of information againstthe wishes of both subject recipient original disclosed when and generally information is willingly ancl recipient,

the wishes of the subject. recipient against by the original of information Among the various legalniles dealingwith the acquisition in which he expects privacy from the subject from areas or nation. self-incrimithe law of search and seizure and the privilege are against of first embodies The kind a balancing approach, in theory the "probable cause" appliedin advance by a disinterested official, the standard definingwhen the publicinterest in search overcomes individual's interCvSt in privacy.By contrast, the privilege against from self-incrimination areas inquiry.The totallyinsulates some search and seizure approach has been appliedto electronic communi-

191
cation
in this In the surveillance; main
a

for reviewing responsibility present law created under the applicable

regardlies with
1968 act.

national connnission

there may be a need for further legal Professor Greenawalt's study shows that much tion informaprotection, is disclosed by individuals to obtain benefits, such as a job or and there is a need to inform individuals more how information credit, full}'
areas identifying

in which

is used and

to review

the need

for how

much

information

is

gathered.
With
of record

respect to

the

what recipients, original from sj^stems

from of information acquisition unwilling is needed is more effective physical protection

outsiders and from insiders who act with illegitimate is needed also of Careful review the dissemination purposes. of original and public. Information recipients, policies private may
and contrary to the passed on without very strong justification understanding of the subjectof the information. The tort rightof and privacyunfortunately protectsonly a limited class of disclosure, a nd is administrative regulation systematiclegislation required to deal with the tlireats to privacyposed hj comprehensive manual and computerizedrecord systems. of the most dire predictions While the study states that many about have been the perthere is a need to regulate not realized, computers vasive record systems that now play such an importantpart in people's be

and control of the kinds efforts to infomi are subjects of the uses careful scnitinv of exchanjres of inof information; more formation different record systems. In addition, there should among he clearly defined and challengeto insure access rights of notice,
more

lives.There

should

be

effective review

of information

that

gathered; better

accuracy,

and

to undercut

secret

and of most immediate Finally, the study identifies the area

to
a

files except where needed. clearly interest in the context of these hearing's, of of the most

conversation

as

one

monitoringor recording by a participant of the pi'imurky aspects

has stated that the proper Greenawalt vacy problem.Indeed, Professor boundaries of such recordingand effective enforcement of existing restrictions the for the most are significant problems protection among of privacy. 's study, intend we participant monitoring within the Government. We with this shall, of course, work closely in haA^e the subcommittee, the need as we to possible past,to resjx"nd for further legalsafeguardsto deal with such monitoring,including the adequacy of the present Department of Justice guidelines in this
we

As

continue

to evaluate

Professor

Greenawalt

to

attention give particular

to the

of question

area.

Tliis concludes
Mr. Joyce and to address to us.

my statement. I are prepared to

answer

any ^Ir.

questions you Eger. I

think

ma}' wish your

ment state-

of privacy Avitlithe importance of privacy for the expressedit at the bottom of page 2 '"prerevquisite of intellectual creative developnipnt individuality, growth, activity, emotional of relationships with others." That release,and maintenance is ah excellent statement. But I am perturbedwhen I see that statement
"

]Mr. MooRiiEAD. Thank is excellent. I like your definition

you

3'ou very much.

as

have

"

192
pao-e 2 and
or

I
I nnderstand yon
me

on

then

turn

to page
a

5, where

to say tliat

monitoring most murky aspects of the not clear invasion of the privacy,
unclear.

recording by

to a conversation participant It seems to problem. privacy

a

is one

of the
a

that is

murky

one, if I define

murky

to be

Mr. Eger. Until such time as it is finished and coordinated between and other interested agencies, ourselves and the Privacy Committee talks about Professor Greenawalt I can't be definitive.However, when its being a murky area, I think he has in find that there are Supreme invasion here. Court decisions which say there isn't a constitutional it flirts with some We recognize and constitutional in principles, of the fundamental indeed the fabric of

concepts inherent
our

There society.

of the other are good arguments on both sides. As compared to some of privacy, abusive or offensive violations of the rights even as more of monitoring this particular term broadly used as that term often is, than other forms. does raise some problems which are murkier, perhaps, clude the word I inI ]Mr. ]MooRnEAD. on am '"monitoring.-' hazy JSIaybe the extension illthat to mean or wiretapping picking up plione. ]Mr. Eger. Yes ]Mr. ]MooRHEAD. sir. And you stillconsider that to be

murky ?

Mr. Eger, Yes sir, I think it is. in the case of the law as it now Mr. ]Moorhead. exists, or jNIurky murky as to whether it should be considered an invasion of privacy? ]Mr, Eger. Mr. Certainlymurky as to the law which now exists,

Chairman. think that monitoring, by whatever means, he loses control over individual's privacy mation inforan about him if he is revealingsomething on the telephoneor other device and that is being monitored else- it seems to by someone excellent under definition. me a clear case following your Mr. Eger, As broadly as one wishes to define privacy, the development it is whether is such that you offensive invasion an question first, wish to define it as an invasion of privacy; and second,what does do In about it? one or mine, when two people pick up the your home time, with one on an extension who listens for a phone at the same minute, that is monitoring, and one might say that is an arginnent in favor of taking some sanctions againstmy wife or my daughter, for I the The is with do do there. see what we example. principle question it. To that extent I have to agree with the chairman, INIr.]\Iooriiead. It may be that what we do about it is murky, but it seems to me justas clear as can be that this is an invasion of privacy. It may be a permittedinvasion of privacy under court order or something like that, but it is clearly to me invasion of privacy as you an define it. "We start with a fairly clear proposition of what it is, and then the murky part beginswith what do we do about it. Your tion definithen I was little about that. was so good and disturbed a Do you consider that OTP has any responsibility, say, to advise the Presiclent on how telecommunications be used to invade privacy can and liow it should be restrained ? INIr.Eger. Absolutely, and there sir. I think it is our responsibility,
I would is
" "

]Mr. Moorhead. invasion of an

number of other agencies with responsibility in this area as well. office considers this very high in our order of priorities and with of this hearing, that is,particix^ant respect to the particular subject
are a

Our

193

monitoriiiff, we

intend

as

one

of

our

acts to

further what, investijrate

if any, recommendations for ]Mr. MooRiiEAD. I understand cutoff switclies in your agency. Mr. Eger. Yes
we sir,

safeguardswe
you have

slionld consider. three of tliese transmitter

clo.
" "

properly when you inform people it does it easier to make at least you don't have the noise or recordings, the of the in \ backgi'ound monitoringtelephone Mr. Eger. Yes sir.
MooRiiEAD. Used
make INIr.jNIoorhead. without the Does
not

Mr.

that device also make

it easier to monitor

monitored? subject knowing he is l"eing ]Mr. p]oER. Unquestionably it would, sir. Cei-tainly it is easier than and cupping one's hand over the transmitter going to an extension telephone if
one were

desirous of

monitoring that
be
the purpose I say, without of the

jNlr. INIooRHEAD. That would cutotf if it were to be used, as

way. of the

the

transmitter

subjectknowing
of the transmitter

about it?
Mr. Mr.
a

EoER.

I think

that is

one certainly

uses

Mr. cutoff,

Chairman.
If you
was a

MooRiiEAD.

found

some

department
of these
would
cause

or

agency

ha^'ing

dispropoi-tionatel}^ large number

cutoff

you think that that else might have the that they may signal Mr. Eger. transmitter

signalthat

switches, would wjioever OTP or

that
a

to say "wait a responsibility minute," is be using it for impropermonitoring?

idea what other offices are using circuits for. Fortunately, through keys, push,talk, listening We
no we are

I don't know.

have

this committee

agenciesare
crank
Mr. Mr. Mr. up
want
"

gaininginformation using them. That is one

a

about

how
we

other

ment Governto

factor

will have

The MooRTTEAD. factor being one it is a largenumber Eger. Whether

numlior? disproportionate
or

not, I can't

answer

that

cjuestion today.
MooRiiEAD. We are here to testify. I think
to stick around.

going to

have

that brief

it will be very

particular department You testimony. might

Mr. Eger. I certainly will stay around this afternoon, and we will have coverage in these hearings as we have in the past, because we the the interested in work is subconnnittee is It are doing. very very

helpfulto
Mr.

us.

MooRHEAD.

I ask you may

because you
have Do
am a some

are

nuuiications
can

Policy, you

in the Office of Telecomthat technical information that ?

an

help us.
What is the KDZ Mr. Eger. Mr. I will have

instrument?

you

know

Chairman,
to

not lawyerby training,

neer. engi-

ask

Mr.

Joyce

if he

knows

what

that

refers to.

know

Mr. Chairman, I am but I don't an engineer by training, that refers to. Mr. Mooriiead. Well, I have a definition, ''serviceobserving ment equipassociated with a call director appears as a separate button on what

Mr. Joyce.

the telephone." Does that help us along ? Mr. Joyce. Xo, sir. I hearcl the distinction between service observing and afraid I can't address that observing,but I am supervisory

question.

194 Mr. Cornish ? Yes. thank you. Mr. Chairman. cations Mr. Eger. I notice on pao;e 1 yon state the Office of Telecommunithe conwithout does not permittelephone sent monitoring Policy of all parties to the conversation. Mr. Eger. That is correct. if someone notification.What Mr. CoRxisH. That goes beyond mere monitored. You I don't want said Avell, justnotified telephone my in halt do would that that it is beingmonitored. "What case, me you
Mr. Mr. INIooRHEAD.

CoRxiSH.

the

monitoring?

it would never Eger. No, Mr. Cornisli, even get started. What wish the secretary is that if for some I meant reason to convey we do you mind would ask the other party on the line, to take notes, we is if my secretarygets on to take notes? If the answer no. obviously do not have consent and therefore Ave do not monitor it. we
Mr. Mr.

CoRxiSH.

Yon

are

using consent

with the full

and implication

meaning of the word? Mr. Eger. Yes, notification and

Mr. Corxish. Would entire I".S. Government is Mr. Eger. That you where
a

authorization.

suggest this be

practice throughoutthe is? telephonemonitoring

the

can't answer at this time for other three cutoff I Again, we have only agencies. keys. didn't know how they But I can't had one until Friday. used. I didn't know were my seci'etary and address that question alx)ut other agencies because I don't know how will hear them valuable how and about use w e they they hopefully I question
are so we can

tests applv balancing

at

Mr.

CoRXTSTr. Were

you

into IRS taxpayeis calling Mr. Eger. Yes. I was. Mr. Corxish. And that

here this officesfor tax

time. appropriate the morning when I was discussing

some

information?
of those calls where a person

there

were

certain numbers
be instance

monitored.

Would an might you would l)enotified and also asked for his consent? ]\Ir.Eger. Professor Greenawalt addressed that, and againI haven't that perhaps there into it in but he suggested gotten any great depth, should be notification and the opportunity to be heard. You know, the be twin ])eaksof fundamental due process ought somehow worked to

suggest that

it is participant into this kind of monitoring, whether monitoringor of all the parties. consent Mr. Corxish. I think there are certain elements in your statement that
are

excellent. really

you. jNIi'. E";er. Thank you, Mr. Cornish. ]\[ooRHEAD. Mr. Daniels? i\Ir. Mr. Dax"iels. No questions, ]Mr. Chairman. Mr. Moorhead. Mr. Phillips? j\[r. INIi'. PniLLirs. Just a couple, Chairman. that you in this area Mr. Eger. as part of your overall resi^onsibilitv consulted by the White House referred to earlier,was OTP concerning the decision to tape record private conversations in the Oval Office? can't I have only I ]\rr.Eger. oNIr.Phillips. speak to that question. I simply can't answer it.It ma}' been with the office 4 months so now. be that ]\[r. Joyce has Mr. Joyce. I have It certainly didn't
no

Thank

personal knowledge of that. knowledge of OTP's personal

to
me.

beingconsulted.

come

195
of the testimony of !Mr. say, and I read some of the tine questions posed to him during his first of the and responsibilities the functions here about what appearance that it I think is highly likely Policyare, Ofhce of Telecommunications Mr. Eger, I should
some

Whitehead

and

we

would

not

have

been
nor

asked,because
or

opinions, operate adA-isory even though we are in the Executive communications are governed and ordered by the White I believe that is correct. communications agencies.
Mr.
PHILI.IPS.

control

render ad hoc do not usually of the systems at all,and any dent's the PresiOffice of the President,
we

House

in the agency you check and see if someone I decision made? time this was who miglithave been there at the have been either late in 1970 or early 1971. But this think it would that had mentioned of the study that you asked in the context was Could
had been

commissioned,

and

also

your

comments

about

the

whole

is playing, OTP and the role which an of jn-ivacy important question this whole of and in awareness role, assuring a greater emphasis agencies. as it affects Government privacy])roblem be an invasion there would that certainly to me It would seem in the oval conversations of privacy of those individuals whose office were tainly taped without their knoAvledgeor consent and this is cerit affects have been enunciating as not the policy that you
youi' agency and
any

other agency.

[A

response

to the above

paragraphfollows :]
Office
of

Telecommunications Office
of the

Policy. President, June

Executive WILLIA^r S. ;Moorhead. Hon. Chairman, Foreiffn Operation.'^ and fiiittee

on

Washingtov.
Gorcrnnioit House

B.C.,

17, 191',.

Goi-ernment

Opernfions. During
involved
our

Cnmlufnrtnailnn fiuhcnwmitter. of Ecprescnta fives, Washinf/-

ton, B.C.
Dear staff the White ^Ir. asked Thairman if OTP
was :

testimony
the decision

on

June to

11. Mr.

Phillips of
conversations

your at

in

tape record

I have
was unaware

for the record. submit a suggested that we response matter, that been able OTP consulted to verify that not on was nf the recording until it became public knowledge.

House,

and

and

Sincerely,
.ToiiN M. Eger.

]\Ir. MooRHEAD. Mr.

Stettxer.

^fr. MooRTiEAD.

Do other staff members anv No. Mr. Chairman. Well, thank you very much. in writinof to the

have

questions?
thereto

[Questions submitted

OTP

and

answers

follow:]
Question agencies
Answer. criteria 1. What

criteria
which

have

been

furnished

to the

General

Services

istration Admin-

against
that OTP their

of other representations measure might agency serving cutoffs, service obi-equire transmitter "operational needs" that
so

equipment,

and

has

not

forth? furnished

to

the

General

Services

Administration

any

service observing switches cutoff or of transmitter reg:irding the use of ColumGreenawalt Kent Professor commissioned OTP study a by equipment. scribes deGreenawalt School the iiia Law on legal protection of privacy. Professor both legally area, confused most the as perhaps narticipant monitoring OTP is going to do further field of privacy. in tlie whole and philosnph'cally.
investiention Council in 2. Does this
on

field,

and that has

will

in

addition the

recommend
area.

to

the that

Domestic the

Gonimittee

Privacy

it examine

Question
of its
own

the

Offi'-e of Telecommunications

Policy
and

assume

Services

Administration

responsibility for

has

developed

eral Gencriteria,

initiative?

196
Answer.
to procure The

primary

the goods and services to the Government. advantageous

Administration

is Ser\nces Administration responsibility of the General needed most by Government agencies on terms It is not the responsibility of the General ices Servto determine the General ministration Services Adrequirements. While not conduct any

should

procurement
to

which such

violates

Government "
"

policy, it is not
telecommunications issued their

the

responsibility of GSA area. Notwithstanding

develop
this. GSA

policy, at least in the procurement regulations

cutoff switches in 196S state that the use of transmitter other and ing monitorheads devices is not permitted. However, are permitted to exempt agency

prohibition, and to delegate the authority for such exemption in effect leaves to the agencies. This agencies the devices whether such are authority to determine rerpiired. As in response OTP will consider whether there is a stated to ciuestion one. for overall need or policy guidance in this iield ; and if so, which agencies agency should provide the appropriate guidance. limitation of any is the nature the authority delegated by on Question 3. What Services OTl" to the General to prescribe in the Federal Administration Property phone Management Regulations operating practices relating to the monitoring of teleagencies
within their
own

from

this

conversations?
OTP has not delegated to GSA authority relating to the .specification any oi"erating practices for telephone monitoring. that agencies' Does the Office of Telecommunications Policy assume Question If. Administration for installation Services of such ment equiprequests to the General would be questioned (i.e., critically challenged) beyond requiring that such in writing? requests be made Answer. At present, if the agency the required heads or their delegates submit basis for GSA to question agency there is no determinations, requests for the installation We understand that of monitoring GSA equipment. requires that in writing. be made these determinations should be concerned with the matter or GSA) (OTP Question 5. What agency service of excessive numbers of such and/or being obtained, where equipment because in that location agencies deal directly with operating telephone companies Answer. of

General

Services

Administration

has

not

established

centralized

board switch-

operation? that would Answer. At present, v,'e assume be concerned whether, only GSA of the in 1971, the head regulations issued as required by its procurement in writing that the his authorized or designee had determined procuring agency of agency execution essential to the effective device was bilities responsimonitoring this had retained or was required by operational needs, and the agency
determination in its files. the views of the Office of Telecommunications Policy are Question G. What of centers" and the introduction the widespread on concept of "teleservice of their potential and service in these monitoring equipment centers, in terms invasion of privacy of those calling in? actual notification and that both authorization Answer. are Clearly, assuming uisite reqquate in any participant monitoring situation, the problem of providing adeof service notification is more monitoring than in most vexing in the ease the question of service of participant monitoring. OTP is examining other forms with concern as monitoring in telephone service centers part of its broader ticipant parmonitoring. the Office of Telecommunications Policy support the decision Question 7. Does service at its teleservice to discontinue monitoring by the Secretary of HEW action similar be taken and recommend centers by those other agencies operating numbers Answer. service has
no

of similar The

teleservice of

Office

centers? Telecommunications
nor

observing
comment
on

by HEW,
this action

the

reasons

for

of the use Policy has not reviewed therefore its discontinuance, and

at this time.

reservations would have GovernmentOTP recommending Question S. What not wide policy that monitoring of telephone conversations adoption of its own of all notification and be the consent authorization) without permitted (i.e., the is now than rather the mere notification, which parties to the conversation Federal agencies? policy of many cutoff devices are used in our Answer. As we indicated testimony, transmitter then levels in OTP. and only with the con.sent of all only at the top executive in other transmitter cutoffs are used Federal Where parties to the conversation. for their that similar reasons assume agencies at the Executive level, we would use prevail, and that the application of the same policy might well be appropriate.

198
of the formal

i
(DE
"

request for proposals to industry. OTP analyzed the communications FEDNET of various and, after full consideration component aspects includand ing the economic privacy implications,recommended reorientaa complete
of tion of that communications program. and is monitoring closely Federal
so

OTP

continues

to

be concerned

with

NET FED-

procurement

associated with ADP ing advancoperations to prevent far undetected. Another in our discussed to question No. 1, privacy-related activity, answer is an OTP-commissioned Greenawalt of Columbia study by Prof. Kent Law School. OTP is presently studying his recommendations and we of expect some them to result in action by OTP, and some to result in further recommendations to the Domestic Council's Committee by OTP on the Right of Privacy.

of telecommunications other from FEDNETS

ment equip-

Mr. MooRHEAD.

while

^\e

for ap]:)roximately We will take a brief recess utes 5 mingo and vote,then we will call Mr. Gentile.
was

[A

short

recess

taken.]

Mr. MooRHEAD. The Subcommittee ernment on and GovForeignOperations Information will please to order. come The subcommittee would now like to hear from Mr. Gentile of the forward. Nice to see you again, Department of State.Would you come sir.
STATEMENT OF G. MARVIN

GENTILE,
OF

DIRECTOR STATE

OF

SECURITY,

DEPARTMENT

Mr. Gextile. Thank you, sir. ]\Ir.MooRHEAD. The subcommittee has received a letter from the Departmentof State, dated June 11, 1974, and signed by Assistant Linwood for CongresHolton, who is Assistant Secretary Secretary sional Relations. Without objection, this letterwill be made a part of the record. [The letter follows :]
Department
of

State.

Washington, D.C.,June
Hon.
William

11, 1911,.

S. Moorhead,

Chairman,

Foreign
on

Committee D.C.
Dear

Government

Operations and, Government Information Suhcommittee of the Operations, House of Representatives, Washington,

Mr. Chairman : The Secretary has asked me to reply to your letter of ing requesting the Department's experience and views on telephone monitorpractices. The in Department recognizes that occasionally there will be circumstances which efHeient conduct of official telephone monitoring may contribute to the more business. It, therefore, permits the practice, as long as it is held to a necessary minimum. Further, written procedures require that the other party be apour prised in advance that the conversation is being monitored and, if tape recorded, the beeper warning Communications be used as required by Federal signal must Commission regulations. I enclose a copy of the Department's most recent notice this subject. on had of 606 transmitter cutoff a total During fiscal year 197.3 the Department total costs involved switches, including "push-to-talk" and listening-in circuits. The amounted The also has four recording devices to .$18,828.40. Department used to monitor certain calls in the Operations Center and. as required, the Our experience beeper is used to notify the other party the call is being recorded. that these has been procedures, especially in the Operations Center, are particularly useful when accurate reporting of details is paramount. I hope this information will be helpful to the subcommittee in its consideration of these mntters. If I can be of any further assistance, please let me know.

May

14

Cordially,
LixwooD Assistant Holton.

Secretary for Congressional Relations.

Enclosure
:

As

stated.

199
Department Notice
to

Key

Personnel,
OF

State, AID,
TELEPHONE

ACDA,

September

23, 1970

MONITORING

CALLS

should employees be periodically reminded that monitoring of should be held to a minimum. When it is necessary to monitor calls,the following practices \vill be observed :
calls
a.

AH

telephone telephone

conversations shall not be recorded by recording devices unless notice is given to the other party and the device is connected in accordance with the Federal Communications Commission regulations. b. Advance notice must be given whenever a is secretary or any other person placed on the line for any purpose whatsoever. advance

Telephone

Mr. MooRHiL\D. in

Xow, Mr. Gentile, do you want to say anything to us of that letter? amplification Mr. Geniile. No, Mr. Chairman, I will just amplifythe letterwhich
The
reason

I know

is short. Mr. MooRHE.\D.

my
comments
more exami)le.

by
for

to Mr.

asked you to come up is Eger, we noticed the State

we

as revealed here, Department has,

transmitter cutofl'switclies information is that there are 614 the Government, and of the 614, 427 are in the throughout Department of State. This signals A^Hiat is the meaning of that ? something. Mr. Gentile. Well, I don't think those are all KDZs, are sir? they, I am lost in the definitions of all these various terms. This is the cutoff switch as I understand it? Mr. MooRHEAD. these are the buttons on the telephone Basically that call it we button a Mhere be you press; a secretary monitoring can on taking notes from the conversation her supervisoris having with called in or whatever the supervisorcalled and these are exwhomever tensive the Department. Mr. Gentile, would the throughout State why Department need such a disproportionately of these largenumber cutoff switches ? Mr. Gextile. It may be a questionof habit, sir. I notice in our 1970 there were 835. We did a survey within the Department presentation

than Imlf of all the KDZ

in the entire Government.

Our

1 year ago. ]Nfr. MooRHEAD. ^"\niendid you have 835 ? Mr. Gextile. This was lumping allthese that are used on phones.
over

of categories

cutoff switches

back about a year and a half ago to reduce this numsurvey ber, the letter from Mr. Abshire states, have of count we a now 606. So we still have a considerable number. Mr. Chairman. There is about it ; these are used in the day-to-day no business of many question senior officers, be able to take as I said, basically to have the secretary
a

We

did

and

as

made. I think it is used in the work a lot with various the around embassies in town doing the have asked. The secretaries can write down handling questions they
notes

down

of commitments
are

of the officers

commitments,
use

and pi'omises made. appointments,

The

this to

record

these commitments

that

come

secretaries can through in these

conversations.
Also on the KDZ, which seems ing to be a service observthe same equipment, pattern emerges. There are 25 of these devices Federal in the Washington metroGovernment politan throughout agencies 21 of the 25 are in the State Department. ai-ea, and Mr. Gextile. This is a term that is unfamiliar to me. I am not really of what this involves. I have a call in to the Department noAv sure ing tryto find out what

Mr. ]MooRiiEAD.

it is.Earlier I checked

after

hearingthe telephone

200

company's
the

comments

today

telephone man, the Telephone, indicates to equipment in use at the State Department. the KDZ What actually is I don't know.
mind
that it could

supervisoryobservingequipment, and at the State Department for C. " P. supervisor his knowledge there is no su^^ervisory observing
on

I have

questionin

my

operations center in the in consoles the four There are operations center with big Department. to shoot they have a facility a battery of telephone lines coming in,and to set up task forces on those out to 10 or 12 phones in areas use a we a foreign-type kidnapping problem or a specialproblem involving this refers to. I am be what This may having a check made, catastrophe. don't get it before the furnish the committee, if we and I will certainly of. consists what that 21 is meeting over,
be systems involved
in the Mr.

MooKHEAD.

The

same

pattern

emerges

with

cutoff switch. There are operated transmitter in the area agencies Washington metropolitan the 247 are located in the State Department.

handTCH or in Federal Government and 148 of 273 of these, the

Mr.

Gentile. broken
am sure

Again, I
cutoff

must

hand-operated
get
them I

switch.

a toggle switch or seen say I have never like to take those statistics and I would more

out, and
we can

get a

definitive

answer

to the

committee,
it is son permore

which
Mr.
not

do.
I miderstand
"

M00RHE.VD. that

As the

it,the transmitter
without don't hear
vou

being used
know
"

properly
so

that

is,to monitor
is that

if cutoff, lettingthe

advantage
that

noise of

some-

body

else

on

the line

secret

monitormg

is carried out much

readily.
JNIr. Gentile. tells the

Yes, unless
who called is In
on.

knowing
Mr.

person that person

we

the person who has the secretary doing this of that the secretary is on, there is no way

the telling
to cut notes

often put somebody on the phone we office, but don't have any fancy switch we people callingin, the have off'her transmissions, don't and we any trouble getting
MooRHiLiD.
our are

taken.

The

advantage primary-

of these cutoff switches

is for secret

ing, monitor-

but 3"0u say you do not do that ? Mr. Gextile. I think one of the problems secretaries
are

we

have
are. a

in the outer the

offices where

visitors is

is that most of the Conversations are conversation from

the
a

going
other

on,
room room.

and

senior
be

officer who

having

in tlie
tary's secre-

would

gettingthe background

noises

be embarrassing if you are officialand he hears all this background noise. He else was in the same time. at the same room This
would

talkingto
wouldn't

foreign
who

know

]\Ir.MooRHEAD.
have

Again,
else the

am

not

talkingto foreignofficials.If
it is in

you

office with other people. an on somebody phone, You have so Congressional offices are not noted for their quietserenity. if you are livingup to your wonder of these devices, it makes one many without Avhich incidentally, directive attached to the letter, objection will be made
a

part

of the record.

Mr.

Gextile.

Yes, sir.

201

]\IooRiiEAD. ]\Ir.

I don't

know

^Yllether you how

are

livingup

to tliat directive.

good Department, that

The

Lord
some

knows
are

not

people tliere are in the State many and these living up to that directive,
more

devices make secret monitoring much Mr. Gentile. Certainly you are
way 3^ou
can our

right,Mr.
how

feasible. Chairman.
many

There
or are

is

no

do

u1)iding by

survey notice.

to determine

people are

not

Thank Mr. MooRiiEAD. you, Mr. Gentile. the tables to which Without I referred, the first being objection, titled "Quantities of Various Cutoffs'' and the Types of Transmitter second

"Monitoring Practices and Devices Used Agencies," will be made a part of the record. [The material follows :]
OF VARIOUS
1

titled

by

Federal

ernment Gov-

QUANTITY

TYPES FROM

OF

TRANSMITTER COMPANIES

CUTOFF

SWITCHES

OBTAINED

BY

FEDERAL

GOVERNMENT AREA

AGENCIES

TELEPHONE

IN THE

METROPOLITAN

WASHINGTON

KDZ

BS8

PT7

KDX

PL8

TCH

ATQ

Total

State,Department of ACTION Agency Agency for International Development

Civil Aeronautics Board
..-

21 1

427 87 3 23

148 45 3 1 12

596
1

Agriculture

U.S. Court of Claims__ Bank Export-Import Farm Credit Administration Federal Home Loan Bank Board,. General Accounting Office. General Services Administration.. HEW, Department of U.S. Information Agency Inter-American Development Bank Interior, Department of. Commission Interstate Commerce Justice,Department of National Council on Indian Opportunity... National Labor Relations Board National Security Council Office of Economic Opportunity and Budget Office of Management Office of Telecommunications Policy Overseas Private Investment Corporation. Small Business Administration^ Department of Transportation,
-.. "

1 26

2 12

2 1 5
3

13 12

1 25

2 39 74

10 17 9 614 273

132 3 26 1 13 1 2 1 10 3 47 3 6 3 3 2 1 16 1 17 3 10 20 57 997

Total.

Partial listof agencies in tfie area

who

procure this category of service

on

monthly basis.

Computer

Code

DEFINITIONS

KDZ
a

"

Service
Imtton
as

separate
BS8"

observing equipment the telephone. on

the KDZ cut with off the

associated
of in

witli

call

director

appears

as

Same

addition located located

an

amplifier.
liandle

P17_Transmitter
talk.

switch
switch
on

the

of the

handset of

push
the

to

KDX PLS
TCH

"

Transmitter
or

cut

off

in

the

receiver

cradle

phone tele-

(switchhook)
"

button

telephone.

Same
"

ATQ spring

"

except push to listen. switch) cut off switch (to,s;gle operated transmitter off switch with transmitter cut headset a equipped Operator
as

PT7

Hand

located

in

cord.

202
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206
Mr. Mr. Mr. MooRHEAD. Mr.

Cornish ?
you, Mr.
statement

Cornish.

Thank

Chairman.

to the subcommittee you say that your your in advance the other be t hat written procedures apprised party require then it monitored and continues is that the conversation being ; is that ? consent notification or does that also require mere sent, conMr. Gentile. Well, it doesn't obviously require by its statement the line and I told somethat if I had a secretary one on but I am sure

in Gentile,

my secretary on the line and like to talk to you alone, I would not have her on. That he said I would would be the only way you could do it. Deof judgment within the partment That would be a matter Mr. Cornish. would be granted ? where a requestfor confidentiality who
was

I calling

would

like to have

INIr.Gentile. Mr.

Cornish.

Yes. I wonder

if I

to might yield

Mr.

Stettner.

INlr.MooRHEAD. Mr. Stettner? Mr.

to

Certainlv.
IMr. Gentile, the
statement policy

Stettner.

that

was

the letter that you

holding monitoring of guidance does recommend You

today presentedto the subcommittee minimum. calls What to a telephone without this constitute? OTP it, prohibits
and

attached speaks of

type of
consent.

rather than Mr. Gentile.

holdingit to a minimum their consent. obtaining

the

merely advise people

don't
a

Well, I think the intent here is that you

line all the time
that it reaches

have

so point of your secretary on the calls you say, "I have got my secretary where every time someone on line, 1 have got my secretary on the line." In other words, confine it taken her to have information to those times when you need to use

down. is it information is transcribed by a secretary, Mr. Stettner. When whose conversations are recorded a to furnish the individual a policy kind of authenticated that that individual has as some so copy, copy, information of the call ? much the re"'eiver as telephone handed ^Ir. Gentile. I have no knowledge where ever copieswere out to persons who have called in. In my verbatim the experiencethe seci-etaryis not taking down whole conversation. I could see in a very unusual situation or in a for word, you could do it. if you wanted it word very delicate matter
But
are

the normal

needed

they are
calls.

thing is to have the secretary on I foUowup by the supervisor. out verbatim of a piece paper putting
for

to take whatever

notes

know

of

no

case one

after every

where of the

data, would

]Mr. Stettner. if it is restricted to minimum-essential Even type it not be of equal interest to the party calling what the is of who the is individual it to an were as specifics arrangement the telephone call ? receiving Mr.
was on

Gentile.
and
was

Well, I
the

going to
I think

would

get

it. In

if he told the other party that the sure take down that if he asked for a copy would he didn't ask for a copy, none event
am

girl
he be

furnished. Mr. Stettner.

what cutoff
a or

normal

Mr. be for the use device. Is it reasonable to assiune listening you

were

here

when

Watts
of
a

explained
transmitter of those in

circumstance

might

most

207
the State
room,
or

Department

don't meet

the criteria of boiler

on testimony

room,

machine
I would three or

Mr.

? industrial operation Gentile. I didn't hear his Avith that. Most

that

certainlyagree

of the offices have

But point. two noises,

of the offices are fairly senior offices and some girls typing,servicing conversations in them. It certainly three with on two or going busy sir. isn'ta boiler room type atmosphere ; no, such devices JNIr.Stcttner. Earlier you stated there might be some in the operations center, and in your submission to the subcommittee recorders located in the op-track multiple-station erations you reportedeight of this eightthe use or center. AVhat is application principal track multiple-station recorder? used. There is a beeper system on it Mr. Gextile. It is very seldom and it consists of actually seven telephonecircuits and one they call a of having time where relate time circuit to a call. The main they purpose seas, overare this is for such thingsas when senior officials tra\'eling back State. have at and some as an requirements they example, they would like to They call in and have a long list of various things made. This can be recorded for and calls have done, people notified, accuracy. If you had

the details are a kidnappingwhere involving for asylum, they have the asking very important to get, or someone recorder has a beeper. the and as I say, the recorder, to put on ability tell the person they would like to record the conversation Thoy'will This is a standard instruction. and "would they have any objection. ask the person for their permission also but Not only the beeper, they
a

situation

to record it.

Mr. Mr.
center

done

monitoring the recording center ? operations that I know Gexttle. This is the only monitoring
Stettxer.
Is all the
" "

in the of. the

ment Depart-

at the

INIr. Stettxer. ?

Is that

the

full

of responsibility

operations

Mr. Genttle. where the FBI,

are

of the Department, center it is a 2-1-hour nerve all the other Government come in,they agencies the eyes and ears at night, sible they are the ones who call the responthe that office t he is officer.It ment Departreally keeps departmental

No; CIA,

going 24

hours

day.
seas? overrequestsof people

area? Stettx^er. Is it a limited access jVIr. Mr. Gextile. Yes ; it is a limited access area. handles it Mr. Stettxer. And routinely yet
Mr.

be in connection Gextile. Not routine. This would travels overseas, problems that he would want Secretary's back in the States. I have. Mr. Stettxer. That is the last of the questions Mr. Daniels ? Mr. Moorhead. Mr. Daxiels. No

with

the

handled

questions.
Phillips.

Mr. ]VIooRHEAD. Mr. Mr. Phillips. Thank

you. INIr.Chairman. How long have you been at the State Department, Mr. Gentile? Mr. Gextile. Ten years, Mr. Phillips. Is all that service in the present position? Mr. Phillips.

Mr. Gextile.

Yes, sir.

208 !Mr. Phillips. electronic where

Do have

you

any
was or

surveillance in their I have

conducted

employees,either
Mr. Gextile.
aware

office

personal kno\\ ledge of any case of State Department at home, their home phones?
there. I any
am

of

pa I'tment ]\Ir.Phillips.

in my 10 years none absolutely electronic surveillance of or telephonic any employee, of the Otepka you aware That is vrhy I went there. That was after the deluge? Are
case

not

State De-

Mr. Gentile.
Mr. Mr. Phillips.

Gentile. Yes, sir. Mr. Phillips. One more transmitter cutoff devices Are the question. that we discussed earlier used in your CongressionalRelations of State ? Office as well as other offices but I do know Mr. Gentile. I can't say for sure, that Mr. Holton has one. I would but I do believe Mr. want to check to make sure Holton has one in his office. Mr. Phillips. The I ask. in all the conversations we had reason with that office, has ever said "my secretarv is on the phone, no one

doyoummd
Mv.

I can Gentile. assure 3'ou after these discussions the matter will be clarifiedquickly. INIr.Moorhead. Thank Gentile. you very much, INIr. in submitted the to [Questions writing Department of State and the answers follows :] QUESTIOr^S
Question
cetera,
are FOR THE

STATE

DEPARTMENT

1.
on

How

many

instruments

foundi-ies,et cetera, for

Answer: None.

the transmiter cutoffs, listening-in oircuits, et such industrial-type environments boiler rooms, as which they are basically intended? in

of

of such Que.ttion 2. How devices are in normal administrative and many office situations, where ambient not noises normally are a problem? This Answer. would be impossible to determine without check a physical
made of each in

tive execu-

being

generally

oflSce wherein button monitor a offices where there is noise from

is located.

These
and

typewriters

devices are office normal

conversation.
3. For how for and of the Question which G06 reported transmitter many cutoffs, listening-in circuits, and service were observing equipment justifications of need made since July 9, 1972? A recheck of Department Answer. of State records that the figure of revealed 606 transmitter cutoffs, listening-in circuits and service observing equipment valid made of the figure. For a was example, physical check istration Adminobserving equipment Services reported by the General and determined it was that only one KDZ is in operation in the (GSA) of State and is l)eing used that Department in the same one manner as a KDX. State Department records do not contain individual letters of justification of need this equipment. on of State Question service ^. The Department reported that it does not use of any kind. The information furnished observing equipment to the subcommittee that the Department indicates does have 21 such items which sociated generally are aswith call director and characterized a button the are on by a control The codes these KDZ service observing telephone instrument. telephone company as Who the installation of those 21 equipment items equipment. approved : and is their what when: and present use? Identify the organizational element is normally who position of the individual assigned to the work position where these KDZ items are equipment (or were) installed. As Answer. of the testimony result of Mr. G. IMarvin a Gentile, Department of State, on Jiuie 11, 1974, a physical chec-k was of made of the 21 Department State telephone lines reported by the GSA them. as on having KDZ equipment not
a

is 21

current

KDZ

service

209

It

was

determined

that
with
one

one

suite

of

offices

in

tlie Four

Department
call

has
are

five

call

directors
with

equipped
and the and fifth
one

-monitoring
a

capability."
circuit. Four

directore
are

equipped by
taries secre-

KDX

with
one

KDZ used call It of

was

call

directors
to
an

used

is the

by

staff

assistant
can

Assistant
on

Secretary
the

of

State.

Any
in the

of that

five

directors

monitor that

calls

telephone telephone
circuit.

lines
extension As

coming
result

into

office.

ascertained
which the is
use

this

is

the
a

only
KDZ State conduct
are

Department
this the to C. survey

State

equipped
of the KDZ

witli in

of

concerning Telephone exactly

It how

the to

ment Departan

building,
to-date in
use

"

P.

Co.

has many

been

requested
will

up-

survey at the this

determine

monitoring
this survey of

devices be will

actually
in nize scrutito be 30

present
survey

time.
is for

is

anticipated
the of

completed closely reported Operations

days.
in

Once
the

completed
continuance

Department
any

State

justification
What

monitoring assigned
Center
is

devices

operation. Question
; to what Answei". and
o.

are

the it

full

responsibilities Operations
The
related and his
on

to

the

ter Cen-

division
The

does

report?
an

State

Department
center. of information of to of and

around-the-clock

ing alert-

crisis

management

Operations
to

Center's
affairs

major
from

responsibility
a

is

the

channeling
to the
are

foreign

variety
insures and

of

sources

Secretary
alerted

State

principal fast-breaking

deputies.
their

The

Center

that in

they
the
second and

briefed

developments
travels.

assists

coordination

communications is to

support
alert concerned

during
with

A House,

major agencies
immediate
up
on

responsibility
and action. action

State

Department foreign
assists in

officers, the
affairs
to

"White

departments
The
taken. assists to
are

situations and

requiring following
The

Operations
in with in the
a

Center

coordinating
forces
or

the

Operations
groups and

Center

establishment

of

task affairs

special
Task
area.

working
forces

assigned
groups Center

deal

specific
the

foreign
of

problem.
task force for

working
of

located
a

Operations
and to is

Center's

The

Operations
of

prepares his

daily

summary

significant responsible principal

of the

reports
for the

the

Secretary Department.
The State the

State

and and

principal
other

deputies reports

tion distribuin the

telegrams Operations

various

the

officers

Center Secretariat
the

is

one

of

four is

constituent headed

offices
an

Department
Within who

of

Executive

which

by

executive

secretary.
director
the

Secretariat,
the chain of

Operations
to

Center the

is

supervised secretary
have in

by

reports,
tive execu-

in

command,
the

executive

through
its files,

deputy

secretary. Question
the
General 6.

Does Services
under

State

Department
those

or

has

it filed

with ments, stateof

Administration,
FPMR transmitter

written

justification-of-need
for other the

required listening-in
and

Regulations
cutoff

101-35.307-2

"inst-allation
for

circuits,
to Several

switches, authority
its that

and

devices

recording
of

listening
Answer.

telephone
years

conversations"? ago. verbal of to

was

given telephone
had its

to

the

Department
Services
tion installa-

State

by

the for

then the

Commissioner

Telecommunications,
control at
own

General

istration, Admin-

Department
The for

equipment
own

requirements.
frame
installed.
rooms.

Department equipment
were

time

switchboard
bureaus

and
was

Requests
Written

justified
not submitted

by

the to

individual GSA.

justifications

Mr.

MooRTiEAD.
at

The

subcommittee
p.m., the

stands subcommittee

adjourned.

[Wliereupon, subject to

2 :55

adjourned,

to

vene, recon-

the

call of the

chair.]

TELEPHONE

MONITORING
FEDERAL

PRACTICES

BY

AGENCIES

THURSDAY,

JUNE
of

13, 1974

OF

Representatives, Operations and Information Government Subcommittee Committee Government Operations. the on
FoREiGX Wash

House

ington ^D.C.
a.m..

The 2208.

subcommittee

met.

pui-suant to notice,

at

10:05

Office Buildino-. Hon. Eaybnrn House the o f subcommittee) (cliairman presiding.

Present:

William

in room S. Moorhead

Representatives William

S. Moorhead.

Bill

Alexander,

John X. Erlenborn, and Gilbert Gude. G. Cornish, staff director; Xorman Also present: William G. Phillips, and Kronfeld. staff director: L. James counsel; Stephen deput}'

staff. Committee minority professional Operations.

M.

Daniels,

on

Government

Mr.

ernment and GovSubcommittee on ForeignOperations will please to order. Information come ernment and GovTodav's publichearingby the House Foreign Operations gations investiof is continuation our Information Subcommittee a ment. into telephonemonitoring practices by the Federal Govern^NfooRiiEAD. The This

inquirvstems

from

pro])lems of invasion of

the of the Congress over deep concern affect law-abiding ordinary privacy as they the

.\merican citizens. phones is primarily studving the monitoring of telesubcommittee The in the dav-to-dav business of the Government. firmly believe that last hearinir on Tuesdav. we \s T stated at our phone, bv teleFederal States contacts a agency when a citizen of the ITnited monitored is being whether his call that citizen should know his without done be never should This if and recorded, so. why. or
view. knowledire and consent in mv other American For mv t?x dollar and those of million'^of "Bic: Brothers" listenm.T m. potential too manv there are
o-ressman

citiTens,

As

Conline.

Alexander

of Arkansas
be

put

^implv do
The-want

to part of one not want to talk to real people about

it the other lu"^ o-overnment human their veiw

not

dav.

Amencans

"party

pToblemQ"

not

an

institution. These
thev do

real

assure servants."' T can you good intentions. eiti^ev despite i^^ alletred i for several federal of spokesmen will l^ear the tcstimonv --P Todav to be a massive Hopefullywe will learn that there is going
i -r^

like

people are telephonemonitoring

and personal called 'public

agencies.

(21t)

212

I
reduction
have The
a

Americans telephonemonitoring by Federal agencies. rightto privacy. They deserve it.And they are going to get it.
subcommittee would like to hear first from Data and Mr. Warren E. Telecommunications He will be
companied ac-

in

Burton, Deputy Commissioner,Automated

Service of the General

Services Administration.

by
and jMs. Allie
are

Mr.

Leonard

Plotkin, Deputy Assistant Commissioner

with
our

Latimer, Assistant General Counsel.

the oath

pleasedto have you with us, and in accordance will administer at the appropriate time we proceedings, and retroactively prospectively. ]\Ir.Burton, you may proceed, sir.
We
STATEMENT AUTOMATED OF WAEREN
DATA

E.

BURTON,

DEPUTY

COMMISSIONER, SERVICE,
BY
AND

AND

TELECOMMUNICATIONS ACCOMPANIED

ERAL GENALLIE

SERVICES

ADMINISTRATION;
GENERAL ASSISTANT

LATIMER,

ASSISTANT DEPUTY Mr.

COUNSEL;
COMMISSIONER

LEONARD

PLOTKIN,
Mr.
I

and members of the subcommittee, Wairen E. Burton, Deputy Commissioner for the Automated am Data and Telecommunications ministration, Service of the General Services Aderal I am accompanied by Ms. Allie Latimer,Assistant Genfor the Automated Telecommunications Counsel and Data and Mr, Leonard Service, Plotkin,Deputy Assistant Commissioner for Telecoinmunications OperationsDivision. before your to appear We are pleased to have this opportunity ministrator F. Sampson, Adsubcommittee Arthur behalf of the Honorable on of General Services. My appearance is at the request of nology techMoorhead to discuss the current Chairman to the Administrator of monitoring equipment and the nature of the use of such You also requested equipment by the General Services Administration. the and material that we if expand on update, necessary, furnished to the General AccountingOffice in response to previously and devices. October 5, 1973,questionnaire on an monitoringpractices BuRTOX. Chairman
like to explain that pursuant to the authority At the outset, I would of the Federal as Property and Administrative Services Act of 194:9, (GSA) is responsible amended, the General Services Administration and management for the o]"eration of the Federal Telecommunication System (FTS). The telephoneportionof this system is composed of million telephonesand approximatetly 250 switchboards both the intrathroughout the United States which serve Li addition governmental community and contacts with the public. of calls are received at our to calls l)etween agencies, a largenumber from the general FTS switchboard publicin order for them to transact
some one

located

their business with the Government.

GSA's

Government-wide

and monitoring

Management

policywith respect to th.e installation of is outlined in our Federal Propertv devices listening-in states that FPMR-101-35.308.9f, which Regulations,

transmitter cut-off switches, the "installation of listening-in circuits, and other devices for recordingand listening to telephoneconversations is prohibited."' FP:MPv However, our Regulation 101-35.307-2 does permit the

deviation from

the above

when regulation

the head of

an

agency

or

his

214
b.

Operating poUoy. services used by GSA '.1) Telecommunications standards prescribed by the automated (2) Telephone
or

with the Governwill conform ment-wide data and telecommunications

service. will not be monitored retary, by a recording device, secfor the purpose of taking party to the conversation in part. or a. verbatim transcript of the conversation, in whole Wink-hold. illumination is prohibited, where The of "wink-hold" use c. any additional costs are si"ecialrequirements involved, unless justify the additional conversations
not other person cost. d. need. that
e.

Hold

huttons. should
more

Hold
not
one

buttons

should be

be

installed
on

They
have need AutomatiG

automatically
line.
message
on

provided

there is a valid only where all key system instruments

than leave

there is a be installed only when telephones, such as in emergency or control ADTS record area centers, the offices of PBS combuildings managers, numication and centers coordinators, and the FSS interagency ADP interagency installation be approved must of the motor pools. Each proposed by the Head Central Office Service Staff Office or the Regional Administrator. or and Installation f. Eccordinf/ of listening-in circuits, transUsfeniuff devices. for recording and other devices phone niitting cutoff switches, and listening to teleis prohibited. (See par. 13 for instructions conversations pertaining to the stenographic monitoring of telephone calls.) be installed telephone.9. Color only where g. Color telephones may required to or be instruments identify emergency security telephone lines or where may installed without additional an charge, h. Essential A special servresidence ice telephone sen-ice in time of emergency. provided by telephone companies, at no increase in rates, enables subscribers their to place calls from with functions residences having essential emergency minimum on developing and certifying a listing of key GSA delay. Instructions service 7140.1. are personnel requiring such undelayed provided in ADM i. Review is planned, a special type of installation of charges. Whenever any review is to l)e made of aggregate charges for items making up the total cost of installation shall be compared the for each the and with actual item. need While tures feasome special items are relatively inexpensive, they require additional and to operate so that equipment aggregate charges are relatively large. valid to
a

(ntswerinff devices.

These may unattended

through

11. Reserved.

GSA

Interxal

Telecommunications P

Management

(GAD
Part

7100.1.
of

Oct.

28. 1969)
Services

3. I'se
SECTION

Telephone

1.

general

12. Personal use ia) Official telephones (h)

All

may

be

used

for

personal

calls

only in extreme

gencies. emer-

Supervisors,
that

to insure them

local

employees during office hours. should FTS circumstances the no (c) Under personal calls be placed over intercity network. 13. Ntpuofiraphic monitoring As provided in the GSA of telephone calls. Ttolicy of the other Manual, 2~001)(2), except with the prior consent or persons. persons n\\(\ subject to the existence will not be of a real need, telephone conversations monitored not liy a recording device, secretary, or other party to the person conversation, for the purpose of taking a verbatim tion, transcript of th.e conversain whole or in part. 14. Neduction minimize in ui"e To ruptions conditions. dnring emergencn possible disto that the of Government and to insure outgoing orderly processes calls CTU 1ie m.nde durins an by those officials res]X)nsible for resolving emergency each therefrom, it is imi^erative that emnlovee prolilems arising forego or When of the an drastically limit his use telephone during such emergency.
" "

including those on night shifts, shall take appropriate action of an ])ersonal calls are placed only in the event emergency. should associates from discourage friends, relatives, and calling

215
essential call must be made

during
the

utmost brevity in completing cial business unrelated to the

an emergency, conversation.

the caller
Also

should
an

strive for the

oflS-

during

telephone
have 15

should

be
or

delayed,
should

which would normally emergency where possible, until demands on

emergency, be conducted

by
ties facili-

telephone

subsided

be conducted

by alternative
Operations

means

of communication.

through

17. Reserved. Telephone

(TCS

7140.1 A, Feb.
1. INTRODUCTION

24, 1971)

CHAPTER

handbook 1. Purpose. This and prescribes standards operating procedures Government of Federal the operation telephone switchboards. governing The communication Tele2. Applicahility. provisions of this handbook apply to all Federal switchboards both thovse operated nationwide, System (FTS) Administration and those Service operated by other agencies by the General with under GSA. special arrangement New Notices. 3. Telephone in Operating operating procedures, or changes will be promulgated initially by telephone existing procedures, operating notices issued (TPOX's) Operations. TPONs by the Office of Telecommunications numbered for example, are consecutively during each calendar 1-70, 2-70, year, switchboard and reviewed 3-70, et cetera. Copies will be filed at each FTS ically. periodwill be a part of the indoctrination Instructions contained in TPON's of ail When to new a change telephone operators in conjunction with this handbook. is issued the telephone or oi)erations handbook containing a new changed cedure proTPON will be canceled that and by a TPON, promulgated destroyed. Exact of communications is protected 4. Secrecy of communications. secrecy be maintained. offender to fine and Federal law subjects any by law and must Communications Sections 605 501 of the Federal Act of and imprisonment. shall be conspicuously switchboard and 1934. as amended, room posted in each reviewed sections of the act apply these by all operators periodically. Although to all Federal personnel, they are particularly applicable to communications of sections 605 and 501. together with an personnel. Texts interpretation of the it applies to telephone and shown in figure 1-4 as language operators, are figure 1-4.1. 5. Physical security of communications for your areas. Keep the doors locked be sure doors locked own must that are safety and protection. Va\c\\ person after Venetian shades or entering or leaving a communications area. Keep blinds identification to prevent of communications drawn, activity and ment, equipwhere of the required. Inquiries as to the location telephone facilities should be referred to the sui"ervisor. Unauthoi'ized not i"ermitted personnel are in communications authorized. from No deviations these areas. are procedures "Sec. 605. No or receiving or assisting in receiving, or transmitting person or interstate assisting in transmitting, any or foreign communication by wire radio shall divulge or publish the existence, contents, substance, purport, effect, of transmission or or channels meaning thereof, except through authorized tion, recepto any other than the addressee, his agency, or attorney, or to a person to foi"ward authorized such communication or to its destination, employed person to proper or or accounting communicating distributing officers of the various which centers the communication of a sliip be passed, or to the master over may under is serving, or whom he of in response issued to a subpena by a court of other lawful compettnit jurisdiction, or on demand authority : and no person not beii\g authorized shall intercept any commimication and divulge by the sender or of such publish the existence, contents, substance, purport, effect, or meaning not to any intercepted communications no Iteing entitled ; and person person thereto shall receive assist in receiving any interstate or or foreign communic:ttion by wire radio and information therein contained for or the same use or any
" " " " "

his

own

benefit

or

for

the

benefit of another

not

entitled

thereto

; and

no

person

intercepted communication or acquainted having become with the contents, substance, purport, effect, or meaning of the same or part any that .such information thereof, knowing obtained, shall divulge or publish was so the existence, contents, substance, purport, effect, or meaning of the .same or any
such

having

received

part thereof, benefit or for

section shall

or

use

the benefit

same

or

any

information
not

therein thereto:

contained

for

his

own

the not

of to

another

entitled

Provided.
or

That

this

apply

the

receiving, divulging, publishing,

utilizing the

218
transmitted or broadcast, or by amateurs of any radio communication of the general public, or relating to ships in distress." others for tlie "use suffers does causes or or who willfully and knowingly "Sec. 501. Any person to be any" act. matter, or thing, in this act prohibited or declared to be done omits or fails to do any act, matter, who unlawful, willfully and knowingly or or causes knowingly thing in this act required to be done, or willfully and or conviction thereof, be punished for failure, shall, upon suffers "suchomission or such no penalty (other than a forfeiture) is provided in this offense, for which
contents exceedfor a term not than $10,000 or by imprisonment by a fine of not more convicted of an been once or both, except that any ing lyear, i"erson. having of violating offense" is subsequently convicted this section, who punishable under this section, shall be punished by a anv provision of this act punishable under 2 not exceeding for a term than fine of not more $10,000 or by imprisonment act, years,
or

"

f
i

both." Secrecy
of

Telephone

CoMMrxicAxioxs

the Your substantially enhanced integrity have efficiency, and competence, network. voice You must important step further reputation of the FTS go one furnish. we that privacy is most essential to the communications and understand of communications of your : are Some obligations to assure examples secrecy call or any You must not li.sten in to any portion of a call except as required for the proper handling of the call. the but even Not never only should repeat any part of a communication you is not to be divulged. fact that there has been a call from one telephone to another innocent What to you to be an one calling remark, about might seem person

another,
You
or

could must must

or

cause never

problems.
use

for the You

benefit
never

of any

information any other person.

regarding

any

call for

your

own

benefit

record,
of the

otherwise

than other the iiarties to the call, to hear, permit any person, handling intercept any call, except as required for proper

call.

ing includof any equipment, Any requests for information regarding the location of calls, except as required trunks, circuits or cables, or regarding records in the be referred must to your operation of the switchboard, supervisor. with You not permit anyone communications must to tamper facilities of the

Government

or

to

have

unauthorized

access

to

Government

communications

premises.
must discuss not communications arrangements provided for our any as except as required in the operation of the switchboard or .specifically authorized by the user. Even if you from court order enforcement are a a law presented with agent information lines authorizing interception or and/or concerning telephone All such equipment, do not divulge any information. inquiries and requests must be handled call the regional by the supervisor. The sui^ervisor will immediately office for guidance. You
users,

Mr. BuRTOx. Thank you, ]Mr. Chairman. As reported to tlie General Accounting Office on Xovember 14, 1973, listed 271 transmitter cut-off switches in use on internal telephones we to GSA, in addition to service observation equipmentlocated assigned of GSA switchboards at a number and at the Federal Information Center in Washington. D.C. This information was obtained from our inventories which listed the devices as cut-off keys. A recent telephone

physical inventoryby
88
are

that of the.se 271 and hearing, the

telecommunications dicates regional personnelintransmitter off's, cutare actually for people with impaired amplified receiving telephones
our

devices, only 11
which

balance

includes line exclusion

controls

and

confidence rs. A line exclusion device is

to provideprivacy wlien calling designed oft'predetermined lines. A confidencer is a special by cutting telephone

transmitter mouthpiece added of these categoriesare Xone

located in noisyareas. to the telephones devices. The monitoring or listening-in previously 10 press-to-talk reportedinformation indicated there were

217

headsets,
one was

9 of which

were

located 11th
Avas

in

The steamplant.

in noisy elevator penthouses, ai:id installed at the LBJ Library and

disconnected on ]May 8. 1974. switchboards GSA has 17 FTS which are equipped witli service observation equipment. This type of equipment is used by the telephone industry and has been in use on tlie FT.S for many There years. of this equipment. However, all various ph3'sical are conligurations the from a fundamental function. The service observer, same perform control position, be connected with the FTS can telephone operator on
any selected switchboard
to the

This permits the observer to listen position. telephoneoperators' handling of all calls on the selected position. These calls fall into two generalcategories, information and assistance. The observer, justas the operator, can hear only the exchange the FTS operator and the caller. the operator has completed the caller's the conversation between the caller and

between After hear

ately she immedirequest,

nor

leaves the connection

can

and neither the obserA^er

the operator

the called party. This equipment is used as a supervisory tool to determine the effective of application prescribedoperatingproceduresand to assist in the trainingof switchboard for service observing operators. Responsibility is reserA'ecl to and specifically designatedsupervisors all operators

of its existence and use informed are as a supervisoryand tive Use of this equipment has proven to be a. very effectrainingfacility. and flexible management tool in improving the level of operator performance and FTS service. The automatic call distributor equipment is furnished by the telephone feature. This equi])pedwith a service observation company ter, equipment was utilized in the "Washington Federal Information Cenand an appropriate deviation for its use was obtained from the Administrator of GSA. ordered out and Recently, this feature was disconnected by the C. " P. Telephone Co. INIr. Chairman, this completesmy statement. '\Ve will be happy to other members of the subcommittee which to respond any questions you or have. may Thank ]Mr. ^Iooriip:ad. be
an

you

very

much,

]Mr. Burton.

I think

now

the oath to your associates. might Do you solenuily the swear testimonyyou have given and will give is the truth, the whole truth and nothing but to this subcommittee the truth so help you God Mr. BuRTOX. I do. ]\Is. Latimer. I do. Mv. Plotkix. I do. INIr.IMooRHEAD. Thank ?

time to administer appropriate

you ver^' much, Mr. Burton. brief of myself and my colleagues and I will try and keep questions because have three witnesses. staff more we for Automated As Deputy Commissioner Data. ]Mr. Burton, cai you far is the of the so-called IVd-Xet? GSA status, as concerned, us so give

INIr.Btrtox. Yes. sir. I think I can. although I was not really pared preFed-Xet with to discuss you today. Mv. ^SIooRHEAD. I happened to have had a conference with ]Mr. Sampson know what should think I be. I an.swer so recently your Mr.

BuRTOx.

This

is

we project

called the
"

new

equipment project

referred (NEP) recently

to as

''Fed-Xet.

218 The

originalpurpose
to solely

ADP and of tlie XEP to procure was all of GSA's We requirements. satisfy
was

communicat telehad

and inefficient(it was outmoded our equipment second-generation equipment purchasedin the mid-1960's). Our infor the need for new house. determination equipment was confirmed consultant. done outside an by by a study In April there evolved a change in the original However, purpose. of Agriculture needed that the Department of 1973, we became aware and the Department of Agriculturesaw new equipment. Both GSA this as a unique opportunityto joinprocurements of major computer chance cost reduction in the to achieve significant a systems. It was of equipment and to enjoy the economic and operational acquisition network in acshared data communications benefits from a common cordance mandate. with GSA's legislative determined that additional economies In September of 1973, it was three additional included within this acquisition could be obtained if we take of to b asis care a on an oj"tion portion computer systems
determined that of the of future computationalrequirements potential Federal cies agen-

1978. in February 1974, The final requests for proposal sent to industry contained four computer systems for the Department of Agricultui-e one optionalsystem for them. It contained one computer system ]:"lus for GSA plus three optionalsystems to meet a portionof potential used instead of firm commitments in case future needs. Options were contained also the future needs did not materialize. The a proposal network the ADP all data communications to serve sites. (DON) the purpose of this projectwas the beginning, to fulfill our Frojn mandate to fulfill to provide modem equipment needed by agencies their missions in serving people. network status is that the communications The current portionof that is presently has been deleted fi-om the. RFP the tlie pr-oTX)sal on sites has been changed. The Department number of ADP street. The the same, sites are still and four finn sites, ADP of Agriculture namely, has been reduced to ojilj site. The GSA one one requirement optional site. optional ITnderstand, Mr. Burton. T was the subcommittee Mr. MooRiniAD. on in that the of our full committee giving GSA participated legislation in the Government. I think automated data processing over authority this was a good bill. I supported it. I think that the intentions I started with good intentions without the realization think that Fed-Net was it be data that could automated national bank Ix^cause of an

beyond fiscal year

"

interconnections. I hope that, as j\Ir. Sampson told me, you will halt of the that could conceivably Fed-Net be transferred project any part into an until further study could be automated national data bank made as to its privacyimplications. Mr. Bttrton. Mr. Chairman, as you indicated, the Administrator, Mr. Sampson, is very much concerned alx)ut the issue of privacy. He concerned this is just as much been in He has committee. contact as with several of the interested committees. He has indicated,for example, will do nothing on the DON. the telecommunications is the traiismission portionof that procurement at this time. We have deleted it from the present RFP. He is hopefid that be some can legislation passed in this session of Congress.If it is not,
we

that

that portion,

219
that are interested that we will he has assured all those committees in any way with the communications consult with them befoi-e proceeding network. Mr. MooRHEAD.

Why hasn't the communications portionof the Agriculture been recalled Department's procurement as part of Fed-Net DON,

and deleted ?
handled As GSA the joint Mr. BuRTOX. procurement, allof the communications been Mr. Chairman. the network, has deleted,

Mr. MooRHEAD. All of the communications ? portion of any separate action Mr. BuRTOX. Yes, sir. Xow, I am not aware be taking.But as far as GSA is concerned, to that Agriculturemay cation with you, the entire communimy best knowledge as I sit here talking network Mr. has poi'tion been deleted. MooRHEAD. It is my quest understandingthat Agriculturehas a refor procurement outstandingat the present time which has not

been recalled. Mr. Burton. Mr. MooRHEAD.

They
You

may

have,Mr. Chairman.
not

I
over

am

not

aware

of that.

would

have

control
to
come

that ?
to
us

Mr. BuRTOX. of procurement

aware

would Agriculture

have that

for

delegation
am

before they proceeded with authority

it. I

not

of any

separate procurement

they have

on

the street at this

time. Mr. stand I undera little bit. They, as Chairman, perhapsI can clarify tions do have a procurement out for hardware, not a communicait,

network, but
What existence
Mr. network
a

for

some

terminal devices that attach to

network. is in

goingto l"e attached to,I do not know. There network, the publictelephone system is a network.

it is

Alexander. Will the chairman yield just for one question? Sir, do you happen to know how long the request or the order for plementat hardware has been implemented or has been out for imby USDA

? Are Mr. Burton. Mr. Alexander. Mr. Burton. As

me

about talking Right.

you
a

the terminal

equipment ?
a

matter

of the hardware and the that Agriculturewas impression that ithas been withdrawn. Do you Mr. Alexander.

of fact, since I interest

was

handed
also
a

note
am

ing remindthe but

here, I

under

proceedingwith

procurement,

of that. of that or not the withdrawal of the with for recession concurrent the was request procurement Internal Revenue Service which to order Executive the permitted of income turn tax data to the Department over for,as Agriculture I am not sure laiow whether

they described it,statisticalpurposes? I have no knowledge of IVIr. Buhton.

]Mr. Albxax^der.

Would

that information

that. I justdo not know. be available to you through

? inquirj^ your normal Mr. Burton. I would

to
us.

assume

that that

information committee

is available
with that
search, re-

?ilr. Atjexaxder.

Could
will do Thank

you
so.

providethis

please?
Mr. Mr. BuR^roN. We Alexander.
consent

luianimous
data at that

I would like to ask Chairman. you, Mr. that the record be held open for submission of that

point.

220
so ordered. Mr. ]\IooRPiEAD. Without objection, follows referred to material :] [The

t
cf

QuESTiox

Concerning

the

Procurement Data

of

4,000 Department

Agriculture

Terminals of that request for procurement withdrawal order which permitted the Executive income is the tax data to the

"

Do

you

know

whether

or

not

the

was

with the concerned Service Revenue Internal

recession of the
to which turn
over

Department

of

Agriculture
was was

for, as
on

they described
11709.
we

it,statistical purposes?
believe
the order

"p]xecutive Order
issued issued of March

27, 1973.

Since

Agriculture

by letter dated June on May 7, 1074. GSA could be made. until a review this procurement Agriculture to discontinue but were indei"endent of each concurrent, completely actions not These were of the Department June 14, 1974, from is in receipt of a letter dated other. GSA for the of 952 terminal concurrence procurement requesting our Agriculture of Agriculture to has verbally requested the Department devices. To date, GSA of this posistatement and tion this procurement, a written action on take no further that For the record, it is our understanding to USDA. is being forwarded withdrawn but has been has not been the Department of Agriculture procurement to July 17, 1974. of Agriculture extended by the Department

that is being referred to, OI8-74-R-512 procurement ment 7, 1974. required the Depart-

Mr. MooRHEAD. Under the 5-minute rule, extended by 1 minute Mr. statement about like ask would on I to Alexander took, your you pa^e variations from your listening-in P) that only three agencies requested submitted to this committee device regtdation. Testimony previously with various devices, of other number indicated quite a agencies devices. The real cutoffs transmitter or whether listening-in they were 596 out of the total of 907 in Federal Government number. largest by the Department agenciesin the MetropolitanWashington area, were of those departments as of State;yet you do not list them one for that? which had requested a variation. Is there a reason Mr. Plotkin, I think, can Mr. Burton. probably give you a better

indication of that than I. asked us As far as we know, State Department never Plotkin. the deviation under a regulation. I hand but may time has expired, Mr. ]\IooRiiEAD. Mr. Plotkin, my ton BurMr. while and sir, this list. forward, Could maybe you come you there and that read see is answering the questions, why you can is such a deviation from your testimony and the reports given to us to various listening-in from the various departments and agencies as devices. Mr. Gude? Mr. GiTDE. Thank you, Mr. Chairman.
Mr.

for

Mr. Burton, I was wondering,in reference to the statement on page to be made aware 4, that all agency employees answeringthe calls were to your be monitored. Has it come of the fact their conversations may of have been unaware attention that employees in any of the agencies in factory out carried a satisof that the advisement Is practice monitoring? for new tee manner employees coming on the job? What guaranof their telephonework advised that some is there that they are
may

be monitored

into that When Mr. BiTRTON. a new employee,an operator,comes is How are but for call : it, the regulations of course your question job, tlie of tance imporaware are "wesure that they are advised ? The supervisors ascertain they faithfully and as far as we can of this regulation,
carry

that out.

222

Mr. Plotkin. Not monitoring ; we sample. Mr. Cornish. All right, sample? and if they is yes. Congress uses the FTS Mr. Plotkin". The answer be This is calls the FTS our on sampled. they can only method place for determining purposes. usage for billing Mr. Cornish. Do you have any personal knowledgeof tliis beingdone ? basis on a sample Mr. Plotkin. No. Mr. Cornish. I am sorry. I did not hear your response.
Mr. Plotkin. I
am

Not

no. personally, or

What

if saying,

and one placinga call, WATS they could be sampled. Let lines, work. "VVlien they place a call and arrive

a staff member wanted to get to they

if
me

officewas congressional
local intrastate explainhow this would

of the FTS
at

an

FTS

their FTS

call

was

to go

over

manual

wliich circuit,

switchboard and selected for was

agency

sampling
name

this quarter, the FTS

operator would

ask for your

and identification. They have not placed or completed the call she will keep the will then placethe call. If the party answers, She yet. will does she the ticket.That is If tear not answer, ticket. the party up what we mean sample the operator is not monitoring by a manual the call. ISIr.Gude ? Mr. MooRHEAD, Mr. Gude. No questions. Mr. Daniels ? Mr. MooRHEAD. No questions. Mr. Daniels. ? Mr. Phillips Mr. MooRHEAD. Mr. Phillips. Thank you, Mr. Chairman. Mr. Burton, I would like to go back to the testimony which you you discuss the requestfor deviation received by gave on page 3 where from other agencies. GSA Mr. Chairman, I think itwould be helpfulfor our record if we could to other obtain copies of the requests that were granted by GSA mentioned three that here Could There 3. are on are agencies. page for the record ? of those determinations have copies we Mr. Burton. Yes, sir. [The information follows :]
"

General Mr.
Frank

Services

Administration

Wafthington, DeGeorge,
Commissioner Assistant

D.C., December

3, 1913.
partment De-

Social Seciirifi/Administration, for Administration, of Health, Education, and Welfare, Baltimore, Md.

with accordance the Federal DeGeorge : In property management center a Teleservice utilizing 101-35, approval is granted to establish mentioned at each of the locations automatic call distributor (ACD) equipment letter of October in Mr. Zawatzky's 15, 1973. of the ACD of the standard features supervisor.y console is As know, one you incoming calls. Our regional offices have instructions not to an ability to monitor from this without circuits into monitoring install GSA equipment approval calls at Telethat of your of incoming determination monitoring office. In view have service is essential, we centers requested our regional offices to provide locations facilities to your ACD Services Administration provided that: General with a copy (1) Your request for service to the regional office is accompanied tion of the August Secretary for Administraby the Assistant 28, 1972, determination and are that the ACD's Welfare of the Department of Health, Education, and is required by of agency essential to the effective execution responsibilities Dear

Mr.

regiUatious

operational

needs

(2)

No

recording

devices

are

to be associated

with

the

monitoring

equipment

223
(3)
maintain program and
;

The
a

monitoring
high degree

feature
of

will

be

used

only for

quality in the
informed that

Social

training purposes Security Administration

may

and

to

(SSA)
'

(4) SSA

employees
similar

are

their conversations

be monitored-

(5) Future

of this If

we

can

requests for monitoring devices which with comply quisites recite the approval request should given in this instance. Other nonconforming be reviewed for new requests should authorization. be of any further in this matter, you or a member assistance of your
Mr.

staff may

contact

Robert

J. Baldwin

on

202-254^6306. M. S. Meeker,

Sincerely, Commissioner.

Depabtment

of

Health,

Education,

Social Mr. Sidney

Data

Welfare, Administration, Baltimore, Md., October 15, 1973.

and

Security

Weinstein,
Commissioner for Agency and Telecommunications
B.C.

Assistant

Assistance, Planning and Policy, Automated Service, General Services Administratimi,

Washington,
Dear Mr.
to

Weinstein:

The

approval
Teleservice at each

initiate
center

centralized

(TSC)

Security Administration (SSA) requests telephone answering services by establishing a call distributor utilizing automatic (ACD) equipment
Service
area

Social

of the

following

locations.

Location

Minneapolis,

Minn

Minneapolis/St.

Paul

metropolitan

area.

Cincinnati, Ohio Denver, Colo New York, N.Y. (Queens) Jersey City, N.J
Perth

Metropolitan Metropolitan
,

area. area.

Amboy,

N.J

Brooklyn and Queens Boroughs. Manhattan, Richmond, Bronx, Boroughs. Upper New Jersey.

Seattle, Wash
Portland, Oreg Jacksonville, Fla
These
enclosed. If there your
are any stafiC call Mr.

Puget Sound
Metropolitan

area. area. area.

Metropolitan
are

TSC

installations and

viewed

as

operational
Data sheets

requirements
for

public service

SSA
or

operations.

each

that will installation

prove imare

questions
Russell

Mize

if additional information is required, please have IDS on Code 130, extension 46276. Louis

Sincerely yours,

Zawatzky,
Comtnissioner

Acting Assistant
Enclosures.
Department
of

for Administration.

Health,

Education,

and

Welfare,

To

28, 1912. Commissioner for Administration, SSA. Zawatsky, Acting Assistant From and : Assistant Secretary for Administration Management. calls for service Subject : Monitoring employee telephone quality evaluation ; memorandum of June Mr. Futterman's 29, 1972.
:

August

Mr.

L.

We

have of

reviewed

Mr. the

Futterman's

memorandum service

which
to

stressed the

the

tance imporSocial

evaluating

quality

of

furnished

public

by

Security Administration Service personnel assigned to Metropolitan Answering MAS units. The units (MAS) automatic utilizing telephone company call distributor equipment provide a centralized telephone answering service for a given geographic area. The Telecommunications Department's 103-35.6304 Management Manual, (a), forbids the recording, monitoring, or conversations listening in on telephone without of all parties to the conversation mination deterprior knowledge a except when is made that an to the of exception is essential effective execution is required this responsibilities and by operational needs. I have made agency

224
because tlie

deternnnation
to

in

this

instance

effectiveness

of

the

SSA

prograni

institution of office efficiency by the district and public service improve ished furnunits Service depends on the quality of service INIetropolitan Answering the to handle telephone inquiries and who assigned are liy employees and in a meaningful, courteous, productive SSA to callers rel-ite the program officials :MAS units, management calls at the In monitoring telephone manner the of the program strengths the success by determining will be able to measure This units. also to the exception of each assigned weaknesses and employee

constitutes

deviation

in

accordance

with

section

101-35.307-2

of

the

Federal

regulations. property management units, therefore, will be permitted under of telephone calls at MAS Monitoring conditions: the following console of the ALU at the supervisor shall only be done ; (a) Monitoring and to observing shall be limited accuracy employee courtesy {hj Monitoring
of information furnished
to the be and

caller ;
to those

shall (e) Monitoring numbers, directory listed

limited
no

telephone
shall be made

lines

associated
any

with of the

recording only
for
as

of

part

conversation
make the

{(1) Monitoring

shall

be

done
as

long, and

as

often,
;

as

necessary

to

qualitv evaluations

set forth

to

calls are shall subject (c) SSA protect the rights of monitoring by" this attendant 1. Affixing to ACD position telephones, a label that states instrument is subject to monitoring of quality control." units in MAS all present and and 2. Orient when, new employees why. of the will be conducted hours understanding to insure monitoring complete
^ ^

in your memorandum whose individuals those

svstem.

Pleiisefurnish
Should
J.
vour

to

this
any

office

copy
on

of

the

SSA

implementing
feel free to

regidations.
contact

staff have
on

questions

this

matter,

Frank
Brady.

Campbell

963-49G4.
Rodney H.

General
Mr. Donald

Services

Administration,

Washington,
C. Alexander.
Internal Revenue Commissioner.

B.C., August

2, 1973.

Serriee,

Department
Dear Mr.

of the

Treasury.
This

Washington,
is in

B.C.

of .July 13. 1973. letter to :\Ir. reply t-o your Assistant Commissioner for Agency and Sidney Weinstein, Assistance. Planning, the service of Policy, concerning necessity oi^erational monitoring taxpayer calls. In accordance with the of Federal telephone provisions property ment managebased determination that regulations toring moni(FPMR) 101-3-".,and on your calls is essential to your service incoming agency's taxpayers program,
we concur

Alexander:

in the

installation
is

of automatic

call distributors the following

with the

(ACD's)
:

with

service-

observing capability. This approval, however, 1. No devices recording

2. made 3. All
aware

contingent
to be

upon

are

associated

monitoring taxpayers

equipment.
calls
are

Internal of the

Revenue fact that

Service their

employees

answering
may be

conversations

monitored.

feature will l)e used and to monitoring only for training purposes assistance high degree of quality in the taxpayers program. submission 4. Future of requirements the service for ACD's ing observcontaining feature in accordance with the provisions of FPMR 101-35, when applicable, should of cite this letter fulfillment to insure of your expeditious approval requirements. Our of this If you have regional commissioners being notified approval. are further be of any questions in this matter, or if I can any assistance, please let The maintain
a me

know.

Sincerely,
M. S. Meekee, Commission
er.

225

Department Internal

of

the

Revenue

Washington,
Mr. Sidney

Treasury, Service, D.C., July l.J, nn.L

General

Weinstein,

Afifii.stant

(JoinmiHKiunfr for Aycnry D.V. Washington, ininistratio-)i, Mr. Weinstein

Planning

and

Policy,

Services

Ad-

in section 101-35.308 of the Federal for provided : As that the service determined monitoring regnlatiohs, I have essential service calls is operationally to the effective of taxpayer ecution extelephone Revenue Service service of the Internal program. taxpayer in determining is based interest This the service's on operational retiuirement and service calls that being courteously accurately telephone are taxpayer handled by our employees. functional for this is vested in Treasury The decision Department authority Order Order No. 150No. 150-2. dated Department :\Iay 15, 1952, and Treasury Dear

property

management

37. dated
With

March kind

17. 1955.

regards. Sincerely,
Donald C.

Alexander.
t'ommissionfr.

General

Services

Administration, July 11, Wl.',. Service, Department of

]\Ir. Richard

Chief,

F. Simko, Systems Information. Branch, tlie Treasury, D.C. Washington, Mr.

Internal

Revenue

Dear the
your

Simko

This

is in reference feature of

to your call feature

letter

of .Tune

29. 1973.
We do

service General statutes. of

observation Comisel's

automatic this

distributors. does not not

opinion
your

that

violate indicate in

concerning cpiestion eral applicable Fednot

However,
or

Treasury,
oltservation
or

his

correspondence authorized designee,

is essential
to

does has

that

the

tary Secrethe

determined

writing
of

that

.""ervice

feature is

the

effective

execution

agency

sponsibilities re-

determiuution is I'eneeds. Such required by operational a quired by Federal regulations 101-35.307-2. property management We would determination earlie.st at your ience. convena appreciate receiving such If the himself, would not does determinations, we Secretary, sign such ficial ofalso like to see of authority the actual the signatory delegation authorizing
to

make have

them.
any

If IDS

you

questions

on

this

matter,

please

call

Mr.

Robert

Baldwin

on

19.3-46306.

Sincerely,
Sidney

Weinstein.

Assistant

Commissioner

Assistance,

for Agency and Planning, Policy.

Department Internal

of

the

Treasury,
Service. June

Revenue

Washington,
Mr.

D.C,

29, 1913.
istration, Admin-

Sidney

Weinstein,
Commissioner

AsHistant

for Agency
D.C.

Planning

and

Policy, General

Services

WasMngton,
Dear Mr. Weinstein

of .June to your conversation 27, : In telephone response enclosed the memorandum in which our Inglesby, please note has chief counsel studied and reviewed the question of service toring monithoroughly function. attached of telephone calls related service Tlie to our taxpayer memorandum of law reviews the practice of service of taxpayer phone telemonitoring calls and concludes that our emphatically monitoring policy is supported not also of the Assistant explicit opinion case only by recent by an law, but General. Attorney

1973,

with

Mr.

226
toring of ACD to say that the use supervisory moniinterpret this memorandum is both legally equipment (a package item associated with tlie equipment) feel that supervisory monitoring and we practically acceptable. Furthermore, assistance is necessary to maintain a high degree of quality in our taxpayer We program. If I progi-am
can

which

provide any additional might be helpful

details
in the

about

our

matter,

telephone taxpayer as me please contact

service
soon as

possible. Sincerely,
Richard
E.

Chief, Information
Enclosure. Genekal
Phoenix Administration 101-35.308-9 (f) and Mr.

Systems

Simko. Branch.

Services

Washington,
Re Veterans'

Administration, D.C., April 13, 197',.

(Ref.
This

FPMR

request for telephone monitoring equipment FPMR 101-35.307-2).

with
you
on

confirms

Edwards'

discussion

February

1, 1974

ing concern-

for silent 19. 1973, relating to a request your Administration Regional Office in Phoenix. observer Central Administration v.dth the discussed Veterans' has been matter This of the above-cited the purview this request falls within that Office. They agree have Phoenix office and with their discussed the matter regulation. They have serving obtheir regional office installing the desired that they will not oppose advised us to their regional authorization will provide the necessary and equipment of December correspondence for the Veterans' equipment ofiice. Since written handled the

regulation
can

determination

deviations provides that GSA be placed through

accompanied

by

the

proper

that the region. I'lease insure by your of silent observer equipment. prior to installation If there questions concerning this matter, are anv

be can facilities, this matter received is determination proper you

or a

member

of

your

staff may

contact

Mr.

J. T. Edwards

on

FTS

202-254-6306. SiDNErr
Weinstein. Commissioner

Assistant

Assistance,

for Af/encif Policy. Planning, and

Veterans'

Administration, Regional Office, 30, 1913. Phoenix, Ariz.,November

Director General San

of Telecommunications, Services Administration

ADTS,

F?'ancisco, Calif.
R. is in

.1. Wright.) to be placed equipment request for silent observer regard to our the telephones in our telephone unit. on of monitoring the use Manual MP-6. VA part VIII, section 204.10c, authorizes the of evaluating for the quality it is solely used when purposes equipment benefits The counselors. tive objecconducted interviews of telephone by veterans' who of service to those telephone the highest possible qiiality is to maintain

(Attention:
This

the

advice and assistance. for information, Administration Veterans' will be counselors benefit the veterans' is conducted the evaluation Before will monitoring will be no need to notify the party calling, since notified. There be of to service the of for the improving quality be performed only purpose

given.
Sincerely yours
,

Gordon

A. Lyons.
Director.

Administration. Services General 19, 197 J/. San Francisco, Calif..Decem^her

Subject:
Enclosed

Veterans'

"enuipment ^Ref.
information

Phoenix Administ'-ntion request FPMR 101-35.,mS-9rf ) ). Veterans' Administration request and R-9 and future reference.

for

telephone

monitoring
for your

reply fon\'arded

227
The

Veterans'
ordered

Administration
No. from the

regional office in Ptioenix

(985). If approved, States Telephone
Co.

is served

by the

GSA
and

switchboard
can

there, Facility

equipment

is available

be

Mountain

C. W.

Getz.

Mr.
or

Phillips. Burton.

Also, are
or

these determinations
or

given in
policy
on

blanket

form

limited to 1 year
Mr. Mr.

2 years

what

is the

that?

shows
three

limitation as far as the number of years. Phillips. curious as to why, since our We are investigation there are over 30 agencies that use transmitter cutoffs or listening-in circuits or variations of those two, and you have only granted
There is
no

almost this

Labor, agenciesdeviations,which does not include DOD, State, in the Government this and department using equipment, every there three whom deviations. Does to are yet you say only you granted
mean

that

each

of

these

other

is agencies

in violation

of your

? regulation the specifics, I do not know Mr. Burton. but there are reasons why for have where to come to us a deviation. In those cases they would not they are using a telephone service not provided by the FTS, then the those deviations in writing in state that they should have regulations their file.

Mr.
not
come

Phillips. under Burton.

exact

How your in Mr.

many
at

have agencies
one

their

own

system that would

? regulation

Mr.
a

Probably
answer.

telephonethere
an

place or another, a telephonehere or I cannot small offices, maybe most agencies. give
Mr.

you Mr.

MooEHEAD.
Phillips.
on

Mr.

I handed Phillips, Yes, he is leading up to For

Plotkin
or

that list.
not

whether

he had

sponse re-

that

point.
cates example, the list furnished by the chairman indiThe list is of the Washing-ton metropolitan of agencies. devices may
Excuse
me.

]Mr. Plotkin.
a

number these Burton.

area,

and

not

be necessarily

on

GSA

facilities.

Mr. Ms.

Latimer thinl?:.There

called my attention to something which is important,I from this of agenciesexempt by law number are a TVliat
are

regulation.
Mr. record Ms. Mr, Ms. PHIIJ.IPS.
at this

they? Or could

you

supply a

list for the

point?
Yes, sir. Yes, sir.
? ]May I interrupt
one

]Mr. Burton. Latimer. MooRiiEAD. Latimer.

Is State

Department
As

of those the

exempt ?

Property Act, the Buildings Act of May 7,1926, as amended, would be one under activities,so we would have to know specifically they are doing it.
Under section

State Secretary of
to

Department, under the Federal State, under the Foreign Service

of the what

exempt

authority
are a ber numare

602(d) of
and about
20

the Federal with

Property Act there

to

of agencies exempt. There are Mr. MooRiiEAD.

programs

requiring specialtreatment
reference

that

specific programs.
script your tranand supply get together

Maybe
vou

after the

hearing when
can

you

have

back, mavbe

and

ISIr. Plotkin

228 with information.

There
to

us

some

seem

be

inconsistencies.

Maybe

can tliey

explained. fXhe information follows:]

be
and THE

Agencies

Programs Federal

Exempt Property services

from

Part

101-35

"

Telecommunications

of

Management and

Regulations
are

(FPMR)

to other provided by GSA Administrative and Property of 1049, 63 Stat. 383. as amended (40 I'.S.C. 481). as well as section Services Act (attachment 1). This authority (40 U.S.C. 295) 14. 1946 act of June 7 of the from certain agencies and programs is expressly limited, thus exempting however, are : the GSA responsibility. These limitations the GSA Act limits authority to executive 201 of the Property cies, agen1. Section corix"rations, and to Federal if requested agencies, mixed-ownership and Act extends section 602(e) of the Property In addition, of Columbia. the District of such services, if requested, "to the Senate, the House the authority to furnish of the Capitol." Representatives, or the Architect that providing such services to determine 201 further 2. Section requires GSA ciency, effiof economy, in terms to the Government and are "advantageous equipment of the activities the to agencies with and due service, regard program or * * * in the proper concerned discharge of their responsibilities." section 201 of the Property Act states that the Secretary of Defense 3. Further, the Depai-totherwise the President directs, exempt from time to time, unless may such he determines whenever nieiit from action taken of Defense (DOD) l"y GSA 2 of national interest security. (Attachment to be in the best copy exemption of of areas and the statement from GSA to DOD. of the delegation of authority and between GSA DOD regarding communications.) understanding not 7 of tJie act of .Tune 14. 1946. "does apply to communications 4. Section

Telecommunicatious

equipment
the

agencies

pursuant

to

section

201

of

Federal

"

to the secret of a confidential or nature, or for handling systems messages of secret, transmission security, or or of cryptographic equipment operation Office Departcoded to buildings ment, or operated or occupied by the Post messages, concerned." or agency request of the department except upon 20 activities or Act lists some 602(d) of the 5. Section Property programs from the I'roperty Act that (attachment ai'e requiring special treatment exempt

3).
6. Tn Federal progi-ams XoTE. under from
"

addition,

property
where Tn order

listed in the above has cited to the authority. GSA pursuant certain (FP^MR) other agencies and regulations management the provisions of the FPMR 101-35 do not apply (attachment 4). to determine and whether certain devices would 1

exempt
each

programs

activities, GSA
Attachment

installed by agencies were reciuire specific information

listed agency.

TITLE

TI"

PROPERTY

IMAXAGEMEXT

procureaient, Sec. 201. [40 li.S.C. 481] to the extent agencies, and the

waretioi'sing,

and

related

activities

(a)
that of

The he

Administrator determines that

shall,
so

Government
jirogram

to the

efficiency, or agencies concerned I'D jirescribe policies and methods of procurement and supply of personal such services, including rein ted functions as tracting, conjH'operty and nonpersonal and classification, inspection, storage, issue, propert.v identification of public utilit.v trnnsportation and trafiic management, services, management and repairing and converting: and with the executive (2) operate, and. after consultation agencies affected, executive consolidate, take for tlie operation l)y any or agenc.v over, arrange of warehouses, other similar supply centers, repair shops, fuel yards, and
terms economy,

in

in respect of executive to doing is advantageous service, and vriVa due regard

activities of the

"

facilities ; and "3) procure

use

of executive

perform

services for the supply personal property and nonpersonal and agencies in the proper discharge of their i-esponsil)ilities. related functions to procurement and supply such as those mentioned
and

230

PUBLIC

UTILITY

COMMUNICATIONS GOVERNMENTAL

SERVICES ACTIVITIES

SERVING

60
lie if!

Stat.

258,
!tp

as

amended
^

(40 U.S.C.
i):

295)
4: ;|"

Sec.

7.

The

Administrator

of

General

Services services
District of

is

authorized
one or

to

provide
more

and

operate
that section such

utility communications outside the activities, in and

public

serving
interest for of of

mental governit

Columbia,
the

where

is

found This
a

services
does not
or

are

economical
to

and

in

the

Government.

apply
secret of

communications the
or

confidential
or or

transmission

to nature, or secret, security, Post

systems operation
messages,

of handling messages cryptographic equipment

or

coded

to

buildings
of

operated ment depart-

occupied
or
^

by

the

Office

Department,

except

upon

request

the

agency

concerned.
^
")" "i' ^
T"

"I*

Approved

June

14, 1946.

GENERAL

SERVICES

ADMINISTRATION

Secret

ART

of

Defense

REVISED

delegation
OF PUBLIC

OF UTILITY

AUTHORITY,
SERVICES

WITH FOR

RESPECT PERSONS

TO NOT

CONTRACTS EXCEEDING

FOR TEN

PROCUREMENT YEARS

1.

Pursuant Administrative is

to

authority
Services

vested Act

in of

me

by the
as

and

1949,

amended of

of the Fedei-al Proiierty provisions (63 Stat. 383 ; 64 Stat. 591), Defense to enter into contracts

authoi-ity
for

public
of the

to the Secretary hereby delegated utility services (power, water, gas,

a

and

communications)
ten years,

for under

periods
one or

extending
more

beyond
there of

current

fiscal

year
:

but

not

exceeding

following
are

cii'cumstances
obtained Ihose
a or

(a)
would

Where

lower

rates, larger
under year
;

discounts
the

or

more

favorable
of which

conditions not Where

service

than

available
fiscal

contracts

firm

term

extend

beyond
would

mirrent

(b)
firm
or

connection
of
;

special
extend

facility beyond
the
a

charges
a

payable
fiscal

under
year

contracts
are

the

term

which

not

current

eliminated

reduced

(c)
the
2. firm

The term

utility refuses
of which

to

render

desired
current and of

service fiscal

except
with
such

under

contract

extends other

beyond

year. to such respect under utility service

Copies authority

of, and
executed of this

pertinent Department
will

data

information for to the

contracts
the

by

the

Defense

delegation
shall be

be

furnished

General
reasons

Services
of

istration Admin-

unless
3. This

distribution

thereof
exercised of
areas

is inadvisable

for

security.

authority
of and the

provisions
of
Defense

"Statement General Gas,

F.R.

of

with the applicable strictly in accordance between the understanding Department

Services

Administration"

entitled
and

"Procurement

of

ity Util-

Services

(Power.

Services"
4. The

(15
the

Water) 8226). delegated

of

(15 F.R.
may

8227),
be

"Procurement

cation of Communi-

authority
within

herein

redelegated
as

to

any

officer, official
date

or

employee
5. This suTT^rsedes
Dated
:

Department effective of authority shall be delegation of August (16 F.R. 14, 1951 prior delegation 11, 1954.

Defense.

of

the

hereof,

and

8309).
F.

October

Edmund

Mansure,
Administrator.

[F.R.

Doc.

54-8156

Filed,

Oct.

13, 1954

;4

:28

p.m.]

231

GENERAL
Procurement

SERVICES

ADMINISTRATION Commuxicatioxs

of

Services

statement

of

areas

of

understanding
services

between administration

department

of

defense

and

general

1. order

Tlie of

areas

of

understanding
of

herein

set

fortli to

were

worked

out of

tlie

President of of used
are or

July

1. 194'J, direct^ed
and the with

tlie

Secretary
of General

pursuant Defense,
Services. services

to the

Director,
2. The

Bureau
areas

tlie Budget, understanding in tliis

Administrator

respect
with

to

communications

are:

(a)(1)
"Area
service to

As

statement,
all.
or

contracts"

contracts

providing
activities

communications services: to respect for the of a commimication furnishing of the agency

all,
area,

substantially by
for
or more

Government

located

within

specitied

executed

GSA

by

another and

designated matters,

(2)
Defense"

As

appropriate
means one

contractual of the

operational departments.
of at

by GSA. "Department
services is that of the

of

military

(b)
such

The services

basic

principle
be

shall

consistent of determined

in the procurement or procured provided with for reciuirements and

communication minimum

all

the

total of

cost

ernment Govbility reliabe

capacity,
activities. between
the maximum

elRciency
These

operation,

service, by the
shall

security, using
be

programed cooi"eration
to obtain

requirements
and the

must

agency. and the

(c)
of the

Close

coordimition

GSA

Department
with

Defense

maintained service. services controlled

economy

consistent

for x-equirements Communications (d)

for
or

activities

of

tlie

Department
Federal
or

of agency

Defense will be

occupying procured
agencj'

property or provided
unless in the thereof

operated
Services the

by

another

by
the

the

General
of

Administration of is Defense necessary

by
in

the

operating
or

opinion
exercise of

Department
of Defense

the

procurement
the interest

provision military (e)

within
an

by

Department
command for services

of

operations,
Communications
area

and/or
the
are or

National

Department
may

security. of Defense,
available
under
a

in under

localities
a

where Administration
area

these

services

become

eral Gen-

Services
Administration
as a

contract,
when
not

will
a

be

procured

General the

Services ment Governof

ices serv-

contract does

such

whole

and

command

and/or required by
the

National the

affect adversely security. In all other of Defense

is of benefit to procedure Military operations,

exercise

instances,
continue of
or

communication to lie data

Department
Defense of

will

procured
on

under

standardized

National

contract.
Defense upon for

Copies
communications unless

contracts and
ices serv-

executed will

by
be

Department
to the

facilities distribution

furnished of

GSA

request 2(d)
of the Defense.

is inadvisable

for

reasons

(f ) Except
facilities
or

security. as provided
services the for

in

paragraphs
of will

and

(e)

above,
of

all

commimication
will be vided pro-

and

activities

Department

Defense

(g)

by procured The Department

the

Department
of Defense

provide

communication of maximum

services

Army,
use

or procured (including Navy

provided
the

for coordination complete of the by it for all activities Air and Marine Force, Corps)

of

all

ment Departand for

economy

consistent of

with

requirements.
sucli result
as

(h)

Joint

telephone
such the
or

facilities
use

private
efficient

branch and

exchanges
economical

is to service:

be

encouraged Provided, military (i)

as

wherever That in

will of the of

in

opinion
violations that be

operations
is
can

military
written

of Defense, no Department security will result. communications for

interference
Government

with

It whole

recognized
best

rapid

the

civilian and military agency by independent a ever, howThese each other. with with these systems, cooperating systems systems, economical such is efficient, and traffic where interchange interchange may of Defense there of the in the that Department opinion and practicable, provided obtainetl

232
and tlie liandliug of civilian movement interfereuce with of military traffic, no facilities and of additional the utilization traffic does not necessitate personnel of Defense. bv the Department will represent executive otherwise as provided herein, the GSA (i) Except is
"

of Defense af-encies includiui; tlie Department Federal before municipal, State and and sole matters

in

proceedings involving
bodies
in all

cations communi-

regulatory

rate has

cases

associated

therewith.
those instances in
a

Exceptions.
(Government

(1) In

where

interest

proceeding

of Defense the Department involving communications

the
a

before

the representation on of Defense will conduct regulator v bodv, the Department The States Government. all ex:ecutive agencies of the United behalf of" ment Departin pending or proposed Services Administration of Defense and the General that of action taken taken other to be or proceedings will advise each may Such to each other. effect upon be of interest have assistance or or tions representashall conducted be of Defense subject to over-all liy the Department This shall coordination Administration. not bv Services General preclude representation for the tration AdminisServices of Defense Department by the General of Defense when such representation is requested by the Department and is

mutually
those

agreeable.
of Defense not have does the Department sole before a tory regulaproceeding involving communications behalf of Defense will conduct the representation on Department agencies whenever representatives of the Department of Defense instances in where
a

(2) In Government
of and

interest

body, the
all executive the

Services of the representaAdministration that conduct tion agree of Defense of the Governn*ent. Such is in the best interest Department of Defense shall be subject to overall i-epresentation conducted by the Department coordination Services Administration. by the General (3) Except as pertains to the applications of pertinent provisions of section .j. Public Law 21i. 81st Congress. ministratio between the Department and the General Services Adof Defense (k) Liaison for all matters agencies in involving representation of executive tained before shall V)e mainproceedings involving communications regulatory bodies Administration between the Office of General Services Counsel, General of Defense. and the Office of General Counsel, Department with Liaison this Ill and concerning agreement regard to policy matters matters pertinent thereto except as provided in paragraph k, will be maintained

General

bv

the

between

Services

Chief, Public the Utilities Branch, Administration and Chief, Electronics

Department designated Dei)artment This (m)

within the Islands. The

Rnildings Service, General Board of the Division. Munitions of Defense and for operational between and contractual matters Administration and of the representatives of the General Services
Public of Defense.
area

of

understanding
United

is

applicable
Hawaii.

to Puerto

communications
Rico and the

services

Virgin of Defense shall lie exempt from action taken Department by the Administrator with section services under 201(a) of respect to communications Public l.")2in other geographical Law areas. Dated : November 27. 1950.
States,
Jess Laeson.

Continental

Administrator Dated
:

of General
.T. D.

Services.

November

22, 1950.
Cliairman.
^Innitioj^s

Small, Board,

Department [FR
Doc.

of Defense.

50-10805

Filed Nov.

80, 1950 ; 8 :4G a.m.]

3

Attachment

r^O T'.S.C. 474]

autlioritv of
"

Sec.

602.

(d)

Nothing

in

this Act

shall

impair
of 1946

or

aifect

any

limited

with respect to any (including, but not phase storage, transportation, processing, and disposal) of any conducted for purposes of resale, price support, grants to iirogram stabilization, transfer farmers, to foreign or governments, foreign aid, agency to.

(1) the President 22U.S.C. 1381) ; executive (2) any

under

the Philippine

Property

Act

(60 Stat. 418 ;

procurement,

233
relief, or rehabilitation : Provided, That the agency carrying extent shall, to the maximum practicable, consistent
of of its Act and the out with

such
the of

program fillment fulduct con-

pftrposes

of

the

program

and

the

effective

and

efficient

its operations with the re(iuirements business, coordinate tthe policies and regulations prescribed pursuant thereto;

this

in the Armed (3) any executive named Services Procurement Act agency of 1947, and the head thereof, with of said respect to the administration Act
;

(4) the
or

located

in

of Defense Department occupied territories ; of

with

respect

to

property

required
of

for the

(5) the
National

Secretary

Defense
Act

with of 1048

respect to the
;

administration
of the

Industrial

Reserve with

(6)
and

the President Critical Materials

(7) the Secretary Buildings Act of May 7, 1926, as amended : (8) the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force with of section respect to the administration 1(b) of the Act entitled "An Act to expedite the of the national strengthening defense", approved July 2, 1940 (54 Stat. 712) ; (9) the Secretary of Agriculture or the Department of Agriculture under School Lunch Act (A) the National (60 Stat. 230) : (B) the Farmers Home Administration of 1940 Act of August (60 Stat. 1062) ; (C) the Act 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor labor labor supply centers, and homes, or facilities; (D) section camps, 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, with domestic of agricultural prodrespect to the exportation and consumption ucts 201 of the Agricultural (E) section Act of 1938 ; or Adjustment (.52 Stat. 36) or section 203(j) of the Agricultural Marketing Act of 1946 (60 Stat. 1082) ; (10) The Secretary of Agriculture. Farm Credit Administration, farm or any credit board under section 6(b) of the Farm Credit Act of 1937 (.50 Stat. 706), with respect to the acquisition or disposal of property ; of Housing and Urban (11) the Department officer thereof or Development any with respect to the disposal of residential property, or of other property (real or with personal ) held as part of or acquired for or in connection residential erty, propin connection or with the insurance of mortgages, loans, or savings and loan accounts the National under Housing Act ; with (12) the Tennessee Valley Authority respect to nonpersonal services, with referred to in section with 201(a) (4), and respect to the matters respect to any with property acquired or to be acquired for or in connection any gram proof processing, manufacture, construction production, or force account vided, : ProThat the Tennessee shall to the maximum extent that Valley Authority it may deem with the of the fulfillment of its practicable, consistent purpose effective and the and of its business, coordinate efficient conduct its program the requirements of this Act and the policies and operations with regulations prescribed pursuant thereto ; : (13) the Atomic Energy Commission of the Federal Aviation the Chief or of the (14) the Administrator Agency "Weather Bureau with and respect to the disposal of airport property airway of this paragraph the terms property for use as such property. For the purpose shall have the property" respective meanings "airway "airport property"' and Aviation Facilities ascribed in the International to them Act (62 Stat. 450) ; General P]stablisliuient with the Postal or (15) The Postmaster respect to the of distribution and methods and tracts, conmeans transi^ortation of the mails, and State before Federal and proceedings regulatory and negotiations, and of the mails, and the leasing bodies, relating to the transportation rate-making and acquisition of real property, as authorized by law : with struction, of Commerce respect to the construction, recon(16) the Secretary to the and (including outfitting and equiiiping incident reconditioning preservation, operation, maintenance, foregoing), the acquisition, procurement, nal, of any vessel or of any merchant shipyard, ship site, termisale, lease, or charter for the installation other or appropriate or warehouse, pier, dock, necessary authorized of siich Commission by law, or nonadcarrying out of any program of Commerce That tlie Secretary thereto ministrative : Provided, activities incidental it may deem that extent practicable, consistent shall to the maximum

respect to the administration Stock Piling Act (60 Stat. 596) ; of State under the Foreign Service

Strategic

234
with the fulfillment conduct of of such

the

purposes

of

such

programs

and

the

effective

and

efficient

its operations with the activities, coordinate ments requireof this Act, and the policies and regulations prescribed pursuant thereto ; (17 ) the Central Intelligence Agency ; the Act entitled "An (18) the Joint Committee on Act providPrinting, under ing' for the public printing and of public documents" binding and the distribution (28 Stat. 601), as amended other or approved January 12, 1895 Act; any (19) for such period of time as the President specify, any other authority may
any

of the

executive date

effective ; or the

agency of this of

which

the

President

determines

within

one

year

after

Act
the

should, in the
Interior

public interest, stand

unimpaired

by

this Act

with for program respect to procurement Project Act of 1937 (50 Stat. 731), as amended. shall the (e) No provision of this Act, as amended, or apply to the Senate of Representatives House of the Capitol and ing, build(including the Architect any his direction), but any luider of the services ties faciliand activity, or function furnished authorized or by this Act to be rendered shall, as far as practicable, be made available of Representatives, to the Senate, the House the Architect of or the Capitol, upon their request, and, if payment would be required for the rendition service or or furnisliing of a similar facility to an executive payment agency, shall be made therefor of proper by the recipient thereof, upon presentation be agreed or ministrator vouchers, in advance by reimbursement (as may by the Adupon and the officer or such body making request). Such payment may of the be credited to the executive applicable appropriation receiving agency such payment. 3709. Revised Statutes, as amended (41 U.S.C. 5), is amended (f) Section by it appears therein and striking out "$100" wherever inserting in lieu thereof under the Bonneville

(20) operations

Secretary

"$500".
AUTHORIZATIONS FOR
APPROPRIATIONS AND TRANSFER AUTHORITY

[40 U.S.C.
such
sums

475]
as

Sec.
be

(503. (a)

There

are

hereby

authorized

to

be

may

payment
in

in

advance,

out the provisions of this Act, to carry necessary when authorized for library by the Administrator,

appropriated including
ships member-

available to members to are publications only, or than that members at a price lower charged to the general public. of the Bureau authorized of the Budget, eral Fed(b) When by the Director any for the disposition of property for its under this Act, and use, may agency and funds heretofore hereafter care or disposition, any handling iJending such to it for purposes similar to those provided allocated, or available appropriated, for in sections 201, 202, 203, and 205 of this Act.

societies

whose

Attachment

" 101-35.000

Scope.

This governing the utilization by executive part prescribes policiesand methods services the United its insular within States and agencies of telecommunications possessions. General Provisions Subpart 101-35.1
"

" 101-35.101

Authorities

implemented.

the This implements following authorities : Section 201 of the part 101-35 Services Act of 1949 (40 U.S.C. 481) ; section Federal Property and Administrative letter of July 1, 1949 7. act of June (14 F.R. 14, 1946 ( 40 U.S.C. 295) ; Presidential Bulletin of the Budget 61-13, June 3699; 3 CFR) 19, 1961; Executive ; Bureau of February Presidential No. 11093 Order 26, 1963 (28 F.R. 1851 ; 3 CFR) ; and of August 21, 1963 (28 F.R. 9413 ; 3 CFR) Memorandum
.

" 101-35.102
The

Applicability.

of this part 101-35 agencies to the extent apply to all executive Services Act of 1949, 63 Stat. Property and Administrative specified in the Federal other or 377, as amended, law, except as provided in this section. of of understanding between the statement of areas Department (a) The Administration the Defense and General Services (15 F.R. 8226) shall govern of The of Defense. statement applicability of this part 101-35 to the Department Atomic Services the Geueral Administration and between the understanding the applicability of this dated April 28. 1969, shall govern Commission, Energy to the Atomic Energy Commission. part 101-35

provisions

235
provisions of tliis part 101-35 do not apply to tlie requirements of the services operational telecommunications and facilities : Aviation (1) Federal Facilities used for Agency regulation and protection
"

(b) The

following

of air traffic.

Aeronautics (2) National tracking facilities. (3) Veterans Administration biomedical

to meet

and

Space

Administration installed in

"

Missile

and

satellite

"

Facilities

hospital

complex

for

communications.
"

of Prisons (4) Bureau Facilities installed in penal or correctional institutions physical security requirements. (5) Tennessee Non-common-use Valley Authority facilities peculiar to operation of TVA projects. (c) GSA will, upon the services provided request, furnish for in this part
"

101-35"
this part 101-35 (1) To executive agencies to which be inapplicable or of may applicability by virtue of this section. Federal other (2) To any Government mixed-ownership agency, corporation, the of Columbia, District the of Representatives, and Senate, the House the xirchitect of the Capitol, and his direction. any activity under

limited

"101-35.103
It is the

Policy.
of General for

policy of the Administrator

communications to the Government

Services

to

agencies at the minimum total cost consistent with for capacity, efficiency requirements of operation, reliability of service, security, and activities. programed into agreements with other (b) Enter and would departments agencies which permit their operation of special-pui-pose communications facilities.

(a)

Provide

services

executive

" 101-35.104
The

Objectives.
communications
and and and and coordinated
a

objectives of GSA's
Provide the United for

(a)
within

unified States
normal

program Federal economical

are

to

telecommunications

its insular
to

possessions requirements

designed
and of civil

to

system strengthen the

national
the

security posture

provide

efficient telecommunications

fill agencies and to fulof General in the developresponsibilities of the Administrator Services ment and of the national implementation communications system. and and for (b) Establish policies, methods, procedures provide guidance efficient and executive agencies to insure economical and utilization procurement emergency of telecommunications
"

services

facilities.

Utilization Subpart 101-35.3 General. " 101-35.301

The shall
or new

and

Ordering of Telecommunications
telecommunications facilities and this subpart 101-35.3. Orders for the provisions of subpart 101-35.2.

Services

utilization
be undertaken installations

and

ordering
are

of

services

in accordance

with to

changes

subject

" 101-35.302
(a)
Advance
as as

General
notice.

requirements.

orders should Plans, service requests, and be submitted of date service is desired to allow possible in advance leadtime for planning and scheduling or work. will notify the requesting when floor plans are (b) Floor plans. GSA agency with Iia other GSA-operated joint-use switchboards. required in connection cases, carrier the common telecommunications representative or the agency authorities Floor will make be required in storeappropriate arrangements. plans also may and installations. forward telegraph grade facility moves Installations than those or called for on the changes, other (c) Restrictions. the existing order without amending or preparing a new order, shall not be made to install or shall be allowed order. communication teleemployees Only authorized change far

equipment. " 101-35.303 (a)

Form and Form 145, Order for Telephone Service, for Telephone Sheet Order 145A, Continuation Service, are ment agencies in ordering telephone service from Governprescribed for use by Federal switchboards. Federal ernment Govor GSA-managed GSxi-operated joint-use and from with service GSA-operated or boards switchagencies GSA-managed all requests for telephone service to the serving switchboard. forward No

Telephone service. for ordering service. Standard

Form

Standard

"

236
shall be used unless It is expressly permitted ordering procedure this form also as the basis for managing use Agencies may by G8A. their o\Yn internal telephone systems. for the preparation of Standard Form of orders. Instructions (b) Preparation for Telephone Service, are provided on the flyleaf of each pad of forms. 145, Order will be issued or clarifying instructions supplemental Any by GSA necessary regional offices. other

form

of

or

authorized

" 101-35.304
Standard

Changes
Form

in

telephone listings.

changes
on

in Telephone to request 146, Changes Listings, shall be used in accordance in telephone with listings. It shall be submitted tions instructhe

form.

" 101-35.305
Orders
or

Telegraph
requests
agency be

service.
for

changes
order

in

and

new

installations

or

removal form

of

graph teleor

facilities shall

submitted

by letter, memorandum,
form.

standard

145,

appropriate

purchase

" 101-35.306
Standard States by

Forms
Form

for telegraph messages.

the United 14, Telegraphic Message, is prescribed for use within official Government agencies in preparing type telegrams, telefor transmission and other and cable or radio by wire messages messages, for the preparation facilities. and of standard Instructions communications use 14 are form cited form. included Appropriate as a part of the special forms may form 14 when in lieu of standard lie used to be transmitted are messages by and for certain data facsimile format. requiring prearranged messages

executive

" 101-35.307 " 101-35.307-1

Each agency station

Control

of

telephone station equipment.

Agency
shall

surveys

of systematic of its installed telea program phone survey shall internal establish Agencies equipment. regulations that require with and 101-35.038: of the installation "" 101-35.307 (a) compliance (b) control of telephone and station at all levels of activity to equipment use insure that to carry out is equipment only station assigned missions necessary of installed and of (c) periodic surveys equipment; (d) correction provided: found. to have the initial survey conducted deficiencies were Agencies not any June shall be made later than reviews at least annually. 30, 1972. Subsequent shall be made after the establishment, Additional soon reorganization, surveys of any subordinate or or move major activity. Copies of agency tions regulaagency shall be furnished Services Administration by the General (CP), Washington, shall certify annually D.C. 20405. In addition, each to GSA that the agency

establish

required

surveys

have

been

conducted. from standards.

" 101-35.307-2
The such

Deviation

standards in of " 101-35.308 are provided applicable to the ordering of an his authorized the head or equipment except where designee agency is essential effective'execution to the of determines, in writing, that deviation needs responsibilities or is required by operational (to be specified). agency Orders for the standards and deviating from GSA equipment placed through of the written facilities shall be accompanied determination. When by a copy orders for such equipment are placed directly with commercial common carriers, the determination shall be retained in the agency's file.

Standards " 101-35.308 requirements.

and

guidelines

for

determining

telephone

station

" 101-35.308-1
(a)
official calls.

Telephone
shall

instruments.

Telephones

be

provided

only

for

employees

whose

duties

require

Avill serve the of two needs (b) One telephone instrument or more persons desks iniless call volume is sufficiently high adjacent that sharing would affect office space where routine functions operations adversely. In large, open and are office calls performed made only occasional are or received, each will be shared instrument feasible. by as many as employees in an office occupied instrument (c) One shall be the by only one employee standard practice unless ment. instrusi^ecial operational needs justify an additional at

238
telephones
identication of incoming only visual lamp" illumination should suffice. For those it is necessary where cases to visually identify a busy line, the steady be required. If both "busy lamp" illumination types of visual indication are may required, then both the line and "busy lamp" illumination be required. may of "wink-hold" illumination use additional (c) The is prohibited, where any costs are special requirements involved, unless justify the additional cost. buttons should be installed there is a valid (d) Hold need. only where They should not automatically be provided on all key system instruments that terminate
same room.

located
is

in

the

Where

calls

required, the flashing

"line

"

more

than

one

line.

(e) Automatic
need to leave for
a

answering
when

devices the

should

be installed is unattended.

only when

there

is

valid

cutoff switches, and listening-in circuits, transmitter other is prohibited. recording and listening to telephone conversations (g) Color telephones are permitted where required to identify emergency or be installed without instruments security telephone lines or where tional addian may charge for such instruments. special type of installation is planned, review should (h) Whenever be any of aggregate made charges for items lation making up the total cost of the instalwith and the actual need for each item. The compared Commissioner, Automated and Data Telecommunications plementing Service, will a_ssist agencies in im-

(f )

message Installation of

telephone

devices

programs.

" 101-35.309 " 101-35.309-1

Each

FTS

intercity voice network

identification symbols.

General.
agency

identification

will the network be assigned FTS and Data Telecommunications Service in the GSA Central regional office. Use of FTS identification traffic information, to obtain allows FTS ciently symbols enal)les GSA operators to efficontrol network and of official long-distance insures completion usage, fiscal year telephone calls with minimum delay. At the beginning of each GSA these will revise to assist agencies in insuring that symbols only authorized in possession of them. GSA also will cancel revise specific and personnel are times symbols at other request to avoid possible misuse. No calls agency upon commercial to or from his telephones will be accepted miless the caller furnishes identification FTS and lO-digit telephone number to symbols, name, proper the FTS revise the symbols during the year. operator, GSA may to
use

Federal

authorized

symbols

by the Automated Office or appropriate

ts

Mr. MooRHEAD. Mr. Phillips. Mr. Pttillits. Just one last question. Does GSA make itsown the reasons a determination on as to whether given in the request for deviation are proper, or do you just take the agency'sword that they need this deviation for their own tional opera-

purposes?
BnuTON. We accept the agency's determination that itis required for their mission. Mr. Phillips. Do you ever check to see if it is abused ? Mr. Burton. To my do not, sir. We do Dot act as we Icnowledge,
Mr.

policemen.
Mr. Phillips. Thank you, sir. Mr. MooRHEAD. Mr. Stettner? Mr. Stettner. Thank you, sir. From information previouslyfurnished to us by your agency, Mr. Burton, we find that recent internal checks you made indicate that certain types of listening-in equipment shown on telephonecompany records are shown records. GSA on is in fact being differently your billed for equipment shown on telephonecompany records that does not exist in your agency. There are noted to asenough discrepancies sume make will further check to reconcile these differsomebody a ences. That is for your own agency.

239

anybody going to address themselves to tlie same problem, Govit be a ernmentwide, or at least metropolitan areawide? Would of ? GSA responsibility Mr. Burton. that is not our No, sir, responsibility. Mr. Stettner. Are you going to assume that all other agencies will
be

Is

doingit of

their

own

initiative?
assume are

]\Ir.BiT^TOx.

I would

this committee going to check them Mr. Stettner. We for service that and time. Mr. that

or

going to check them. I do not not, Mr. Stettner,

found
tliat some

those agenciesthat come certainly Whether they are

know.

fore beall

they

have

to be payagencies appear ing they are not gettingfrom the telephonecompany been doing so over long periods of relatively

have

Mr. Stettner, Burton. as a practical matter, I think all agencies continue to check their telephonebills because it is a severe lem. prob-

Telephones are constantly beingclianged, thingsare added, things and it is a very detailed fluid extremely situation, far I know most as as stantly. agenciesare doing conIt is true that we do have difficulty, of phone teleuser large every service has difficulty his telephone bill. reconciling Mr. Stettner. Mr. Chairman, I have justone other question. I am struck by the contradiction that we have Federal who agencies Federal agencies are paying for devices to listen in and these same in. I are paying for other devices to exclude people from listening wonder whether there is any better justification for incurring costs in than there is to listen in ? to exclude peoplefrom listening Mr. Burton. I would say that to exclude people from listening in and that of is certainly all the we are aware important, importance
deleted. It is an laborious task that
are

and

it is in the forefront of our attention. With reference to the transmitter cutoff devices that are used to take notes from, apparentlythe
use

feel that it is important to have a record of the Mr. Stettner ? conversation. Did I answer your question, Mr. Stettner. Partially. Mr. Moorhead. Mr. Kronf eld ? Does GSA consider the use of a transmitter cutoff Mr. Kronfeld. of allowingthe secretarywithin a single device for the purpose office, unit of offices, for the to take notes or to monitor or a conversation of taking down data, a monitoring device under the terms purpose that you have discussed this morning that would require a deviation ? Mr. Burton. Yes,sir. J\lr.Kronfeld. You would ? Mr. Burton. Yes, sir. Even Mr. Kronfeld. though the agency did not use such devices for of sampling or monitoringservice as such ? the puipose Yes ; a deviation is required. Mr. Burton. Mr. Kronfeld. to be the Okay, because that is what I miderstand
those purpose
even

people who

of these

devices

within

the used

Department

of

State,so,

fore, there-

though they are not they would stillcome observing,

not

excluded

under

another

for broad monitoring or service if State was within your regulations section of the code?

Burton. Yes, sir. Thank ]Mr. Kronfeld. you. Mr. Moorhead. Mr. Cornish ? Mr.

240
^tlr.CoRxisii. Thank
you.

]Mv. Chairman.

has givon authorityto certain ajrencies to nse :Mr. Burton, GSA of those tliese listening-in devices under certain conditions, and one the is that conditions, accordingto your testimony, employees agency of that

particular agency

are

to be made

aware

of thefact

that their

is there, if any, conversations mav be monitored. Xow, what provision certain that the citizen is advised that the conversation may to make be monitored, or is it onlv the Federal employee ? Mr. BuRTOX. The regulations cover only the Federal employee. Mr. CoRxisii. So the' citizen has no notice or understandingof that
at all?

That is correct. ]Mr. Burton. ]Mr. Cornish. I noticed that device in connection with your and that it It
was

recently you had a service-observing Federal Information Center in Washington, that discontinued. action recently Why was
determined
tliat the

taken?
]^Ir. Burton. needed in that ]Mr. Cornish.
was

device

was

no

longer

center.

it needed in the first instance, and why? ]Mr. Burton. Well, that device is a normal regularservice observwith that ino- part of the basic equipment.The basic equipmentcomes phone is used of It the as an commonly integral by the telepart system.

Was

companiesand

the

at peo]:"le

the

center

to monitor handling of those calls bv the service evaluation. The Federal Information Center was branda the equipment, installed. service when new was ing Mr. Cornish. Do you not think it might be wise that when orderin this equipment 'where the specialobserving feature comes that you ask the providers of tliat equipmentto exclude automatically that particular feature? it is not needed, I would Mv. Burton. think that Yes, sir,when would be advisable. ]\[r.Cornish. Thank you, Mr. Chairman. 'Sir.IVIooRHEAD. ]\Ir. Erlenborn ? Mr. Erlenborx\ No questions, Mr. MooRHEAD. Mr. Alexander ?

they needed that operator for trainingajid

felt

^Ir. Alexax'^der. Mr. ]MooRHEAD.

Xo

questions.
you

We appreciate very much, INIr.Burton. and look forward to hearing from Mr. we your very helpfultestimony in the list between Plotkin and INIs.Latimer on the discrepancies your testimonyand that list.
We

Thank

appreciate your being with us. Thank you very much. follow :] submitted to GSA and the replies [Questions
and TO the and

Questions
Monitoring

Answers .Tune

for

the

General

Services

Administration
Hearing
on

taining Per-

Other

13. 1974, Subcommittee Practices Surveillance

Telephone

As the agency ices. servhaving responsibility for telecommunications uation critical evalGovernment-wide, do you perceive that respouKihility to include of listening-in circuits, transmitter of agencies' requests for installation cutoff switches, and other versations devices for recording and listening to telephone conlOl-.S.'i.SOS-lXf ) ? which are prohibited by FP:MR normally FPMR telecommunications and Answer. 101-3.") concerning public utilities of an normally prohibits the installation of the devices in question. ))ut the head his authorized is essential to that a deviation determine or designee can agency

Question 1.

241
the effective The
an

execution
General

of

agency

responsibilities
does that

or

is

needs.

[Services

Administration

not

liave

required by operational tlie authority to question

communication devices particular are (See section 201 of the Federal Property and Act of 1949, 03 Stat. 383, as 40 U.S.C.'4S1). amended. 101-35.307-2 from the general proQuestion 2. Fl'MR provides for deviations hibition of such devices. When against installation for their agencies contract the telephone service rather than directly from operating telephone company, Services tion Administrathrough General Services, how frequently does the General review the special justifications which agencies are required to keep in their its program Services Administrative

agency's

determination

required

for

activities.

files V Answer. does GSA review not the siJecial justifications that agencies are the FPMR. The.se determinations required to keep in their files under retained are in tlie agency's tile and would be available for review. of the of special to expect a review Question 3. Is it reasonable statements tion at some and justifications for such devices a periodic interval periodic revalidaof the operational need';' AVe believe it is reasonable Answer. that the special justifications and operating for listening-in and needs devices be reviewed monitoring on an by the agency annual basis. Our 101-3.J.307 and implementing 307-1 presently regulation FPMR such requires agencies to establish periodic surveys. (See p. 236.) such revalidations be made should Question 4. Should annually, and they be made by the agencies themselves or by GSA"? As Answer. indicated in question 3, we do believe vices the justification for the deshould lie reviewed review at least annually should by the agencies. Such be made FPMR by the agencies themselves, as is now required under 101-35.307, but should be conducted element rather than the or by an audit non-operating which has device. operating element justified the listening-in or monitoring foi' such review evaluation Question 5. Could the requirement and be imposed to the F.P.M.R. with further for sumby revisions 101-35.307-2 a mary requirement OTP to responsible congressional or reporting by GSA committees':' Answer. As indicated in our answers to questions 3 and 101-.35.307 4. FPMR 307-1 and the continuing for any need requires agencies to survey munication special comcutoff switches, equipment including listening-in circuits, transmitter and other devices for recording and and to listening to telephone conversations, that the required surveys have been conducted. certify annually to GSA Copies of such could be availalile mittees comto the respective congressional agency surveys OTP or do not need for required summary see a request, but we upon reporting. G. Is the General Question Services Administration now considering or will it e( insider amending to accomplish the F.P.M.R. this'/ Answer. We would amendments in view of our to the Fl'MR only consider to questions 3 through 5. answers the installation devices of such Question 7. Delegations of authority to approve be made The General Services heads, according to the F.P.M.R. by agency may Administration internal directive restricts the level of delegation to the rector Diof the Services Division. What level appropriate regional Management of authority in the Central Office is currently ai)i"roving requests Washington

for such
Answer.

devices for

? the level Central of

Normally,
the

authorit.v for approving

"

requests for telephone

equipment
West

is the Director Oflice in Washington of Management for GSA the Services 3 D.C., Virginia, Maryland. Region Washington. since However, miuiVirginia, and Pennsylvania. listening-in, cutoff, and devices where made The have been has considered sensitive such items within

GSA

itoring
has been

GSA,
for such

in

each for
on

stance in-

GSA

itself

required

devices, approval

deviations proval apdelegated

to

of General referral Services, This by the Administrator is in accordance with Administrator existing limitations

authority. furnished .lime phone (he tele7. 1974. by GSA Question S. Information compares Services Administration equipment ical physlisting with the General company committee of the 271 devices inventory identification originally identified to the subtransmitter cutoff switches. We of disparities as note numlier as a well as a numljer of instances where showed that the device agency's search your is charging for these items nonexistent. was Presiunably, the telephone company shown taken that the telephone its records. What been to insure on steps have is made that payment so company's charges are corrected only for those devices

242
still installed, and then only agency's physical inventory?
Answer. GSA This at
our

at

the

proper

rate

for

the

device

found

by

an

has

initiated

an a

automated

telephone
review of the

inventory

and

accounting
stalled in-

system.

system
GSA

permits

monthly
and

telephone equipment

the with corrected disparities are of implementing We are appropriate telephone company. currently in the process in the and the system this will complete its metropolitan Washington area, believe of this that with the use the country. We implementation throughout in a posiautomated accounting system agencies are tion telephone inventory and will adjust any to quickly identify discrepancies. GSA billing discrepancies and agency. with the appropriate telephone company other of other agenQuestion 9. From inquiries by the staff, we have learned cies service from having similar discrepancies between they think they have

switchboards

any

"

their

records

"

^and

the

actual

service

available

operating

counting telephone inventory and acferences basis. Any difa monthly should be called to the attention at that time of GSA so by the agency be reconciled with the telephone company. any discrepancies can eral is struck inconsistency of FedQuestion 10. The subcommittee by the inherent in and, also, in other circumto monitor stances agencies paying moneys or listen for exclusion ing listenfrom devices to prevent individuals paying moneys of in. Wliat is the normal situation for the use operating or environmental such exclusion better for them for than devices, and is there any justification the highly questionable listening-in devices? of call directors, extension Answer. In this age other phone teletelephones, and equipment, the possibility of any telephone conversation being overheard to the line exists. Given this normal by others having access ment, opex'atingenvironthat an be official'stelephone conversation where there is a need to insure is justified. absolutely private, an expenditure for special exclusion equipment with We believe that this is consistent ing the overall position and policy that listenin and monitoring of telephone conversations should not be allowed. Exclusion devices which insure privacy support this policy. three Question 11. The agencies granted deviations by IRS, VA, and SSA for installation the GSA of listening-in devices all operate teleservice centers. Is notification to the GSA needed service observing only in those situations where is installed in that type of configuration, or is it needed, as well, when equipment ilar agencies request installation of transmitter cutoffs, listening-in circuits, and simon
" "

these procedures exist to minimize by the GSA? As indicated in question S, copies of our Answer. system bills are presented to the agencies

What instruments. differences, and is this matter riodically pefrom their

i-eviewed

devices?
the existing FPMR under to notify GSA service observation equipment is installed, but also in those cases whore transmitter vices cutoffs,listening-in circuits, and similar deare facilities. Where the required and are to be provided for through GSA not these devices the telephone company and directly from agency procures facilities, we do not have to be advised, but the proper through GSA written justification is required to be retained in their file. Question 12. Since other agencies in the Metropolitan Wasliington, D.C., area installed without are items, have currently using such equipment they had them of their justification statements If so, what prior review by the GSA? steps are being taken to correct this situation? A Answer. number of agencies have stalled listening-inand monitoring devices inGSA the required justification being on facilities without on file with We GSA. 1973 October are taking our telephone inventory list and forwarding
are

Answer.

The

agencies

required

in not

only those situations

where

It to

ascertain

and a requesting that they make physical review tinue actually exist. Should the agencies desire to conthe use of devices presently in existence, then we will require the appropriate written the devices where exist and the agencies do not justification. However,
agency,

each

concerned

whether

these

devices

desire exist

to continue all. after

their the

use,

we

will have

them

removed.

Where

the

devices

do

not

will cori-ect our basic inventory inventory, we the make with the telephone company billing adjustment and estimate We affected agency. that this physical review by the agencies will 45 days. require approximately at lists and

physical appropriate

Mr. IVfooPHEAD. The subcommittee -would now like to hear from three witnesses. We will ask all three to come forward : INIr.David O. DeOffice of the Comptroller, Cooke, Deputy Assistant Secretary,

243

partment of Defense,who
this subcommittee
on

sistant AsMacclonald, many Secretary for Enforcement, Operations and Tariff Affairs, agement J. Budd, Chief Data ManDepartment of the Treasury; and Phillip

is an old fi'iend who has occasions ; Mr. David E.

appearedbefore

Veterans' Administration, Director,

"while
are

you
to

about

nothingbut
Mr.

do you solemnly swear the testimonyyou are standing, this testimonywill be the truth, the whole truth and give, the truth so helpyou God ?

I do. Macdonald. I do. Mr. Budd. I do. Mr. MooRiiEAD. Thank you very Please be seated.

Mr. Cooke.

much, gentlemen.

will start with Mr. Cooke who Welcome to the subcommittee. We is so familiar with the members of this subcommittee, he must feel at home here and his example might make the other two witnesses feel
at

home. Mr.

Cooke?
OE DAVID OF THE BY 0. COOKE, DEPUTY ASSISTANT

STATEMENT OFFICE

SECEETARY,
OF

COMPTROLLEE,
DANIEL SHEERIN

DEPARTMENT OF
THE

DEFENSE;
FORCE up

ACCOMPANIED

U.S. AIR
a

Mr. CooKE. Indeed I here before you again.

do, Mr. Chairman.

It is

pleasureto be

as you know, My statement that you have before you covers not only, the be committee' of the subwhich to seems area telephonemonitoring, prime of interest this but in the concern complete morning,

coverage,

I have

also included

our

under policies

separate directive
to criminal
am

to electronic surveillance and wiretap in relation relating

With investigations. available to to summarize

answer

your

sir,althoughI permission,

certainly
like
you

the

the completestatement, I would on questions because as the telephonemonitoring, on points

in the dayis the monitoring of telephones pointedout, your concern business of the Federal Government. to-day Mr. MooRHEAD. that, Mr. Cooke. If you will Well, we appreciate the full statement, highlightyour testimony and without objection w'ith the attachments thereto will be made a part of the record. together referred to follow :] [The documents
Prepared

Statement
OF

of THE

David O. Cooke, Deputy Department Comptroller,

Assistant
of

Secretary,

Office

Defense

Mr. Chairman invitation to the

and the

members current

Secretary

of Defense

inquiry your to telephone

into

into

in response to your here committee, I am with in connection to provide information agencies relative policiesand practices of Federal

of the

and other monitoring of knowledge the body future trends for the in this for the made

surveillance
about
area.

practices, and
current

the

technology
.

your of
, ,

further

quiry in-

monitoring

equipment
We with have Mr. For and have
new

and

available

record

issuances

period

July

.. ^t a. statistical sheet, together 31. 1974. If you 1, 1973, through March

our

detailed

technical questions with respect to telephone the U.S. Air Force. Daniel Sheerin from

monitoring,
, .

I have
,

available
-4"""

has the Department placed telephone monitoring purposes, separate categories. activities into two surveillance electronic ing Departmental policiesand procedures which limit the use of telephone monitorset forth obtained by third parties, are of information and control the use

management

244
4640.1, "Teleplione ^Monitoring." DOD policies of during tlie conduct wiretapping and eavesdropping Directive enforcement are published in DOD investigations for law purposes of these Both directives 5200.24. Eavesdropping." Interception and "Telephone U.S. of Puerto Rico and tories. terriStates, the Commonwealth apply to the United nor are they applicable to our overseas, They do not apply elsewhere directives were foreign intelligence collection activities. Copies of the two vided proOffice. with Accounting committee to your our report to the General which is administrative like to discuss First, I would telephone monitoring toring. of telephone monifour classes There are than rather investigative in purpose. are : They by Listening to or recording office te]ei)hone communications Office Telephone. for the electronic devices recording of mechanical or by written means, or use of the of the substance of olttaining an exact reproduction or a sinnmary Ijurpose of all parties. and with the consent telephone conversation munications Center Communicntions. Listening to or recording telephone comCommand of of obtaining a record for the purpose centers in DOD command and for command control thereof, or conversations, purposes. parts of official munieat ions Seciiritif. Listening to or recording of the transmission Com leased communications, DOD-owned or telephone defense information over information is being such whether of determining for the purpose by any means, is of this action of national security. Notice properly protected in the interest toring monito communications security that these are subject to users systems given
in

Department

of Defense the
use

Directive

which

restrict

of

"

"

"

at all times.

cations Listening to or recording telephone communiManagement. systems of the Defense systems or the commf"n-user but for the purpose not for the contents Communications Systems, by any means, properly for official purposes. the systems are functioning whether of determining has a counterpart activity. Almost phone company every all familiar, in wliich is one are you first class of telejihone monitoring The of either a recorder the use equipiied with "beeper" called office monitoring. With of all parties to the consent with a or stenographer, it requires the advance is a valuable in such cases, ment manageconversation. Office telephone monitoring, achieved and understandings of agreements nature tool to reflect the exact the DOD, be outside of the parties to the conversation may by teleplione. One to office consent nnist all parties concerned that but emphasize again, let me telephone monitoring. That is. of telephone monitoring largely internal. are three classes The other DOD in which to the manner military and civilian personnel directed they are communications systems. are use part of DOD telephones which for communications centers, in command security and monitoring Telephone in consent does not require express for connnunications managen.ient purposes, is obtain accurate ords recto of command center The monitoring each case. purpose
Commioiicfitions
on
"

DOD-dedicated

for

command of the the

and command

control

Examp'es
its Command and Air

of official ]iurposes the National centers are Command Post, the

calls

to

conunand Air

center.

^filitary Command
American

Center,
Defense

alternate,

Airl)orne the

North

Post,
Traffic

Military and
DOD

Military Services Security Policy Operations

Control for CeTiters.

in Oi"erations Centers Centers, Fire and Rescue

the Washington, Control Centers

mnde witli the recordings these centers closely comi"ares centers. air traffic control Aviation Similarly, Agency in its many by tlie Federal tor moniin our control centers most large cities and counties police, fire, and rescue for record and to insure incident reports and requests for assistance accuracy

monitoring

purposes. broadcast

Furthermore,
to subordinate

command and lateral

centers units.

are

able

to

record

messages

to

be

re-

be published recidations Directive 4640.1 DOD requires for each center sjiecific equipment. The existence of such prior to the initial operation of the recording Directive is required 4640.1 to be widely and monitoring, however, by DOD to amount DOD and its components to constructive as expres:s!y publicized throughout consent. Our

autliority for
common

tliis class carrier

of

monitorinsr
class earlier. of

equipment
have been

and

its

use

stems

from

communications Communications Directive

tariffs which

This Commission. I mentioned 4640.1. which

monitoring

approved by the Federal for in DOD is provided

Communications Defense

trative is the third clnss of adminissecurity telephone monitoring of albeit which is used, Department telephone monitoring rarely, on is to provide a of Comsec telephone circuits. The monitoring purpose

246

DOD.
General

The

procedures
for consensual

am

about

to and

describe

are

those in

instituted
the

by

the

Attorney
and its cases,

wiretaps
least be
of
one

eavesdrops,
has the

United None

States has

territories.

That
the

is, at
passage

party
to

consented.

All
General.

nonconsensual

should
DOD Under

any since the

arise, must Attorney

referred

Attorney
in

arisen

in

Public

Law

90-351

1968.

and the of DOD Directive General's provisions procedures be authorized of DOD wiretaps by heads components may their for of criminal the and or cases designees investigation harassing telephone have issued calls. DOD and components regulations setting forth procedures

5200.24,

consensual

!'

controls The For

for

these

authorizations. General
has sti'icter adopted of nontelephonic the the rules in the of case eavesdrops. conversations, prior approval of Justice. tive DirecDOD Again,

Attorney
consensual must be

eavesdrojiping
obtained first

normally

from
that

Department

5200.24

provides

head

the must designee, proposed approve the before it is sent to the DASD(A) General Attorney regulations provide his to prevent the imminent approval
a

of the DOD his component concerned, or Then it must be approved eavesdrop. by General his Attorney requesting approval. in advance for emergency of monitoring loss of essential

evidence.

In

such

cases,

full

be provided report of justification must Each for of request approval proposed

a

to him.

wiretapping
and

or

eavesdropping
a

must ment state-

contain

detailed the

statement of

as

to

the

crimes

has been one All apparty provals renewals. days, as are any 5200.24 careful DOD Directive to the both provides safeguards as integrity of and obtained information equipment by their use. any The and devices wiretapping accounted eavesdropping for and are carefully stored under conditions of secure by the investigative agencies our military Both devices of electronic categories departments. for use are only authorized in approved under the of experienced cases who have been supervision agents instructed in the legal and private rights aspects of their use. With to the that information be received respect might by wiretapping or Directive eavesdropping 5200.24 activities, DOD that it be stored in requires central location files at investigative appropriate the a information so ; that consent
are

that

involved and persons obtained his with identity.

limited

to 30

.stored
was

is

obtained
is disclosed

stored be

always identified, by wiretapping strictly controlled

outside concerned of the

when
or

used

for

any

purpose, that that

access

as

information
to

which
so

eavesdropping;
recorded of ; and

information
shall of the

and

this unless

information
the head to

not

Department
that

Defense

DOD

component operations. Finally, concerning

in do not

determines

disclosure

is

essential

governmental
of

the the
areas

directive

requires
of

employment
of the

to the quarterly reports and wiretaps eavesdrops, the

Secretary including
of

Defense
ducted con-

those

world
have
an

where annual

substantive
and

provisions
electronic
in

the

directive

apply.
to the recent

We

also

summary

equipment

report
phonic telehave
pletely com-

to make In

Attorney

General.
has shown
an

bomb
shown
a

years, threats

wiretapping
or

increase

cases

involving
activities almost

other
over

harassing
the last

calls. several

Eavesdropping
years

marked the

increase
and

attributable contributed

to Consensual to
our

narcotics

success

intercepts, in drug
we

drug pro))lem. particularly eavesdrops,

have

significantly

of
in

the bomb

calls,

have and in

threats elements

because of the However, short duration type and been successful in identifying only moderately the callers similar Both cases. and wiretapping are eavesdropping
cases.

essential Mr.

the

DOD

law

enforcement

program.

the appreciated have afi'orded DOD opportunity the you to describe its policies and in the of electronic practices area surveillance. We realize that this is an of balancing the area hand rights of the individual on one and the needs of an legitimate the other. We organized society on believe our

Chairman,

I have

directives

are

not also

only
have

in

full compliance
that

with

the

law

and

the

Attorney

General's

regulation

but

achieved

balance.

247

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249
Department
of

Akmy

Pentagon

Telecom

irrNiCATiONS

Center

at MP operations desks. Suliject : Recm-ding teleiihoue conimunirations A investigative monitoring governing wiretap, snidance provides national of criminal or eavesdrop activities by DA personnel engaged in conduct ering .security investigations. Ref. B, chapter 10, prescribes policy and procedures covand communications monitoring. office telephone monitoring management munications C prescribes policy and Ref. procedures covering telephone monitoring for comtoring Ref. D prescribes policy and procedures for monisecurity purposes. Control and in DA Command (DACCS) System telephone communications Operations Center. clude do not specifically inin cited references 2. I'oliciei^ and procedures contained Center Communications to lie apj)lied to Command definitive guidance where recording includes operations centers police and similar monitoring which record for or needed is operational, of emergency calls command, telephone

1. Ref.

purposes. 3. Recording to be
a

telephone
of command

form to

at MP communications communication center

operations monitoring

desks which

is considered may be
ducted con-

This communications. of emergency record provide an uncontroverted of records of information, of reported includes analysis reports emergency, issued, warnings received, requests for assistance, instructions, such as commands and 4.

instructions
Until other

as

to location

of serious

incident.

the following procedures are policy is established, telephone and/or radio basis, in recording emergency applicable, on an interim within the 50 United States, conducted conuuunications at MP operations desks commonwealth of Puerto Rico. Canal Zone, and Guam. District of Columbia, will be recorded. in para. described 3, above conversations A. Only those will be conspiciously to connected R. All recording equipment telephones and to use access connected to recording device" "for official use marked only personnel. will be restricted to military police operations desk work netthe telecommunications with of voice-recording equipment C. Connection with telecommunications for connection arranged or private-line service tariffs which I AW will be performed network applicable telephone company nector recorder-conconnection telephone electrical direct through company permit tone automatic of recorder-connector equipment Installation equipment.

regulatory

"

device D.

is authorized. Official telephone

numbers be

for

MP

desk

will

be

listed with

in

appropriate
that

mand, comgency emer-

activity,

or

installation will to include

telephone

directory

statement

Other for of record recorded puii)oses. accuracy audible w^arning tones, are not required. 3 above described in para. conversations as which may contain E. Recordings in the MP radio log (DA form 1943) and will be entries in lieu of written be used for permanent be made files, for a period of 60 days. Transcripts retained may

conversations

fornis of prewarning,

as

F.

appropriate. Recording
for other

telephone
than

communications
purposes

or

radio cited

transmissions
in para.

by
be

^VIP

sonnel, per-

emergency

at

3, will

governed

by applicable references. written will issue G. Installation/activity commanders telephone communications ing that recording emergency
'

authorization
will be

certif.vclusively experformed
will

for

pui-poses

as

cited of

in

para.

3. Letter to be

of

authorization
and
a

contain

far specific "authority

type

equipment

used

statement

limiting

of the situation. One with an associated copy to calls emergency recordings ton, Forrestal, Washingto HQDA (DAPM-PLO), will be forwarded authorization D.C. 20314. at MP operations de.sks outside tho.se 5. Recording telephone communications tained condefined in para. 4 above, will, in addition to instructions geographical areas in international within restrictions contained ments agreeherein, be conducted between 6. Prior to the United States of which and host

countries.
herein
ment public announceand equipment cedures prooperations desks.

implementation

policy contained

local

installation describes will be disseminated at MP for recording telephone communications MSG December 1, 1974. 7. Expiration date of Alaract

of

Sub.1eot : Army
activities.

regulation 3S1-17.

wiretap, investigative monitoring,

and

drop eaves-

250
July, Subj as above. follows : changed as 14f with : "Oconus. "RpfiT text of paragraph within investigative agency Army Any
DA MSG 262311Z
1. Ref. A is have

A.

? or^possessions who may

during
each
the

the

50 United

States, U.S

terntones 14f will ref. A

i
I

exercised

the

period
case

from

July 26, 1973

to date

exception stated in para. of receipt of this change

report

such

to

Hqda/dami-doi-s/immediately.

A.
for

Subject : AR Paragraph
L

381-17, wiretap,
3. Add
BN
:

investigative
may

monitoring
possess
are or

and

eavesdrop
such
,
"

activities.
4.

519th

MI

(FA),
when

which

acquire,

use

equipment
and

, only

training
of the
as

purposes

aware
or

planned
for

utilization

all persons of such

involved

DOD

affiUated
the

all
exercise

are

equipment

during
^^t^

training

provided
U

Army

in paragraph Special Forces such

14g.
units

organized under
as

TOE

-.onxr o-. 31-126H

i,which

i,

may
are

acquire
aware
or as

use or possess of the planned utilization

equipment
of

authorized

such

equipment

by affiliated and during the training

all
exercise

B.

provided for 14. Paragraph

Wiretapping,

in Add

paragraph
:

14g.
and

investigative monitoring
force

eavesdrop

activities
combat
or

directed
combat-

against a hostile
related

by units

conducting

or

supporting actual
Department

operations.
Washington, (DIS
COMMUNICATIONS
of Defense, B.C., November 20, 1973.

Regulation
"

17-1)
MONITORING

TELEPHONE

Paragraph
Purpose
References Definitions

^
"

Monitoring

policy and

procedure
sets forth

1. Purpose regulation : This concerning telephone recording

DOD

and

DIS

devices

and

monitoring

policy and of telephone

procedures
calls.

2. References (a) DOD

Directive Directive

(ft) DOD

Monitoring." 4640.1, "Telephone Interception 5200.24, "Telephone monitoring.

of mechanical
purpose of the of

and

Eavesdropping."
office telephone
or

3. Definitions : (a) Office telephone communications by use

written summary means, of the for the substance

Listening
or

to

or

recording
devices

electronic

recording
or

by
a

(ft) Command communications

record

in

center DOD

exact obtaining an telephone conversation. communications. Listening to or

reproduction

command
or

centers

for

the

purpose

recording telephone of obtaining a

parts thereof, for command purposes. security. Listening to or recording the transmission of official defense information DOD owned leased over or telephone munications, comfor the of determining whether by any such means, purpose information is being properly of national protected in the interest security. (d) Communications to or management. Listening recording telephone communications DOD-dedicated the on or systems common-user systems of the Defense Communications for the pui-pose System, or of any means, whether the determining are functioning systems properly or being used (c)
for other than

of conversations, Communications

official purposes.

policy and procedure : (a) Monitoring (1) General. in the regulation there Except as shall be provided of telephone This conversations. does written not preclude notes by parties of a telephone conversation. (2) Office telephone monitoring devices and procedures.

4. Monitoring

no

ing monitor-

being

taken

251
(o)
monitored

Secretarial
without

personnel

are

advised

that

no

telephone
for each

calls

are

to

be

explicit, affirmative

instructions

specific call.

connected terminals to commercial Telephone circuits. of a telephone is desired conversation recording by a party to the informed the other be that the conversation, is to conversation parties must be monitored, all parties must and give consent prior to tlie monitoring. 2. The of recording be devices authorized of the use by the Director may there Defense is a Service for Investigative only when specific requirement of telephone exact conversations reproduction ; and devices be 3. When with recording authorized, are equipped they shall corder rewhich instruments emit connectors distinct automatically containing a intervals tone 12 at The to 18 seconds. of the of from warning repeated use shall be in addition for prior consent tone to the warning requirement by all 1. When

(")

parties participating.
monitoring. Reference (a) provides that in command limited centers but such not Center Military Command as, to, the National in the Pentagon, unified of the Military Departments, and operations centers National the and the Defense Atomic Security Agency, specified commands, be authorized for command and cations communiSupport monitoring Agency, may issued to regulations of the DOD pursuant by the Head purposes concerned. component security monitoring. (c) Communications communications be undertaken telephone (1) DOD security monitoring may of the Defense other Service Investigative only as specified by the Director or head for DOD to provide and material appropriate to component analysis the of security determine The transmissions. being afforded telephone degree results of such be : analyses may basis if they to appropriate commanders on an (a) Furnished advisory actual or possible security compromises concern ; and basis for the a improving as security protection of telephone (") Used transmissions intelligence exi^loitation. against hostile DOD of communications are telephone specifically (2) All users systems that the communications reminded systems are : transmission of information the for official Government (a) Provided only ; and at all times. to communications security monitoring (5) Subject shall of DOD constitute communications consent (3) Use telephone systems to communications security monitoring. communications result obtained of telephone as a security (4) Information law used for shall be enforcement This not prohibition monitoring purposes. result of of information obtained the does not a as telephone use preclude with in connection action communications monitoring disciplinary security of the use military or civilian personnel for their imauthorized against DOD communications system. management monitoring. (a) Communications shall be undertaken communications monitoring management (1) Telephone DOD the the for to determine analyses within tional operaonly to provide material DOD-dedicated of the and the common use systems efficiency and proper Communications System. user systems of the Defense that communications of DOD are specificallyreminded systems (2) All users the communications systems are : of official Government information for the transmission only ; (a) Provided
center and

4. Induction-type (6) Command

recording

devices

shall

not

be

used.

(6)
Use

Subject
of DOD

to

(3) communications
e

" at all times. communications management monitoring shall consent communications constitute systems telephone

,.

to

monitoring. The provisions of this regulation apply to all DIS components. telephone interception and do not modify the policy governing management
in DOD director. Mason W.

These

tions instruc-

eavesdropping

set

forth For the

Directive

5200.24. Gant

III,
Executive.

Colonel, USAF

252
Defense Nucleae

Washington,
DXA

D.C., November

Agency, 28, 1973.

lastruction

5200.24A

Telephone interception and eavesdropping. Directive Interception and Eavesdropping, 5200.24, Telephone (a) DOD Instruction 4640.4A, Telephone Monitoring, 17. 1907. (b) DXA August September 20, 1971. in a request for approval of proposed to be included Enclosure: (1) Information in wiretapping to be included (2) Information wiretapping or eavesdropping. eavesdropping or reports. Subject
:

Reference:

1.

Purpose.
To

telephone interception and of investigations for law also States. establishes United It in the reporting requirements enforcement purposes of interception and use eavesdropping regarding storage, inventory, and DOD tive Direcinstruction of sucli activities. This implements in tlie conduct devices subject Requirements Memorandum, 5200.24, August 17, 1967, and OASD(A) Activities, July 9, 1973. for Prior Approval of All Eavesdropping

prescribe policies
by DXA

and

restrictions

governing

eavesdropping

personnel

engaged

in the

conduct

2. Cancellation.
DNA

Instruction

5200.24, January

17, 1973 ; subject, telephone

interception and

eavesdropping.
3. Applicability.
This include the instruction applies throughout Atoll. DXA activities at Johnston

Defense

X'uclear

Agency

(DNA)

to

Definitions. Jf. instruction, the following definitions apply : versation telephonic conact of listening to or recording of any the device without other or of an electronic, mechanical, tion of all parties to the conversation, also referred to in this instrucconsent advance interception. as other The act of listening to or recording any convei-sation (l))Eavesdropping. other device without or than telephonic by the use of any electronic, mechanical, of all parties to the conversation. consent the advance recording official office telephone The act of listening to or (c) Monitoring. devices or recording by written or electronic communications by use of mechanical
For the purpose of this
"

(a )

Wiretapping. by the use

The

"

"

means,

for

the

purpose

of

obtaining

an

exact

reproduction

or

substance

of the

telephone

conversation.

"5. Wiretapping to the maximum the privacy of telephone conversations insure tical practhere is prohibited unless extent, the interception of telephone conversations offense concerning the national reasonable grounds to believe that : a criminal are is about to be committed ; or telephone or security is involved ; or a felony has been of bodily harm extortion, bribery, or threat calls involving obscenity, harassment, the jurisdiction on a made to a subscriber user military installation under have been
a.

To

of the

Director.

DXA.
"

must of the following requirements one Security Investigations (1) Xational offenses security. concerning national for investigations of criminal be met in advance to the (a) If one of the parties has freely and voluntarily consented the in advance Director, been has by the and approved interception interception (Administration). Assistant the Deputy DXA and Secretary of Defense the interception has in advance and of tlie parties has consented ( ") If neither Assistant the Deputy Secretary been by the Director. DXA, approved in advance General. and the Attorney of Defense (Administration), for investigation must be met the following requirements (2) Felony Investigations is about to be committed of a felony that has been : or to the in advance voluntarily consented (a) One of the parties has freely and interception, and in advance The by the Director, DXA (M interception has been approved Assistant (Administration). and the Depnty Secretary of Defense the following requirements (3) Investigations Involving On-Base Telephones
" "

must

l)e met

254
to the

needs
in

outlined

of the investigation. Such 1 and a complete Enclosure

requests will contain

of justification the

the

information

approvals will be forwarded (2) Requests for emergency which meet security requirements. means
7.

request. able by the fastest availemergency

Monitoring

"The of office

procedures policy and telephones is contained

regarding
in DXA

communication security monitoring Instruction 4640.4A, 20 September 1971.

S. Procedures Obtained Conversations Through Wiretapping or Eavesof (a) Records drnpi )ing. The head of the investigating unit will insure that : concerned are permanently d") When technically feasible, the conversations recorded on tape or other recording medium. memoor logs, transcripts, summaries, recording, together with any C^) The are made preserved and stored in that are concerning the conversations r-mdum the of the investigative unit conducting file at the headquarters the case interce]itionor eavesdrop. used obtained through wiretapping or eavesdropping, when (3) Information identified as information obtained through for any is always specifically purpose, these methods.
i i * is strictly controlled -, and ", recorded. An such information vestigative inobtained information wiretapping eavescontaining or by and such contain an access as register droppius will be conspicuously marked had who have to the file and the date access will indicate which all persons

(4) Access

to

,,

"

file

will and not obtained eavesdropping be by wiretapping (5) Information without of Defense disclosed outside the Department approval of the Director. DNA. Devices. ( 7)) Wiretap and Eavesdropping the npproval of the Director. DNA. (1) Devices will not be procured without is designated to maintain and (2) The 901st Military Intelligence Detachment DXA. control subject devices within records will maintain centralized of the inventory and 901st MID (3) The for six Records will be maintained of devices at the unit headquarters. use years. A record will include
:

I *

(a) \ description of the device sufficient for positive identification. (1)) The date the device was assigned to an agent or investigator. returned to the issuing officer. (r) The date the device was (d) A report by the agent or investigator using the device (see paragraph
9a) (4)
.

The

Commander.

901st
for

MID

will

continuously
and

evaluate
when
no

the

need

for

devices

primarily

designed

wiretapping
with AR

eavesdropping and
381-143

dispose of such
9.

items in

accordance

immediately longer required.

RrportS The following reports

(^1

are

required

When is auwiretapping or eavesdropping Agent/Investigator Reports. thorized, the agent/investigator conducting the interception or eavesdropping

in Enclosure 2. A a outlined report containing the information to the Director. DNA, to arrive no later report Mill be forwarded five working of the wiretap days after termination or eavesdrop. This is a feeder report to RCS(DD-AfQ) 795). ( 1)) Report of Annual 901st MID Inventory and Justification. The Commander. will conduct annual of June of all technical an inventory during the month listening equipment primarily designed for wiretap, investigative monitoring or eavesdropping. A report of the inventory and justification for each device, will be submitted to the not later than The Director. DNA, July 1, each year. statement that the inventory is being maintained a at the report will include copy than prepare of each lowest level

will

consistent

with

operational requirements. This is

Assistant
to of the
"

feeder

report

to

RCS

(DD-A(A)796). (c) Reports to the

"

Deputy

shall OAIS reports prepare Administration as follows :

Administration. Secretary of Defense Assistant Secretary of Defense Deputy

"

the month ing following each calendar quarter stator wiretapping eavesdropping during the preceding if any quarter by DNA personnel in the United States, or elsewhere party to the conversation of the United States. was The a citizen report will include all information in Enclosure 2. (Reports Control Symbol DD-A(Q)79o.)

(1) Before
whether

the

10th

day

there

was

any

255
(2) Before
DXA shall
lowest For that

July 10, aunually, giving a complete inventory of all devices in primarily designed for wiretapping or eavesdropping. The report that the at include statement is being maintained the a inventory level consistent with operational requirements. (Reports Control Symbol
are

DD-A(A)796.)
the director
:

J. D.

Captain, Captain,
Infokmation To
Be

ExuM, USN, Chief of Staff.

B. and

Donald

Polattt,

USN,
in

Director
a OR

for Personnel
for

Administration. Proposed

Included

Request

Approval

of

tapping Wire-

Eavesdropping
an

1. Indicate
2. The

whether
To

the the

purpose.

extent

request is for a wiretap or possible, describe the

under

eavesdrop. expected
to

conversation

be intercepted. 3. Identity of all persons

4. Statement

investigation,

or

affected.

if any party has consented, and if so, his identity. .5. With respect to the particular operation : a. Identity of the operating unit ; and of transmission method to be used, if any, to include b. types of equipment to d. of installation physical location, method or manner device ; recording ; c.
a

inside outside whether or number, the address, telephone number, room of access ; e. the expected building, public or private property, and the means patible be as short as possible comperiod of time for the operation. (The period should with operational necessity. ) include

Information
1. Indicate

To whether

Be

Included the

in

Wiretapping

or

Eavesdropping

Reports

2. Identity of the persons .3. Location.

4. ."". Type

report is on a wiretap or an directed. against whom

eavesdrop.

Identity of tlie performing organizational unit. and method used and manner of equipment 6. Approval authority.
7. Duration.

of installation.

8. Purpose
9. Evaluation

served.

of

results

of

operations

that

were

completed

during

the

reporting period.
Defense

Supply

Agency.

Alexandria,
Telephone Interception
and

Va., September

IJf,19'i3.

Eavesdropping

DSA
(RCS

Regulation

No.

5700.1
DD-

'

DD-A(Q)795) and

(RCS

(A) 796)

/.

Purpose
To

and

scope

personnel engaged by DSA interception and eavesdropping in the United enforcement purposes of investigations for law in the conduct reporting requirements regarding storage, inventory, States. It also establishes the activities m devices by DSA eavesdropping of interception and and the use all DSA and DSA to HQ is DSAR applicable This activities. of sucli conduct related directly to the are not apply to activities which field activities. It does protection of the national
//.

DOD implement governing telephone

Directive

5200.24

set forth

the

policiesand

restrictions

security.

Policy
It is the

to the privacy of telephone conversations to ensure policy of HQ DSA conversations of telephone The interception maximum the practical extent. to believe reasonable grounds there are is prohibited unless ^wiretapping) that:
.,
.

and : offense concerning the national security is involved criminal to the in advance consented and voluntarily freelv has the of parties 1 One of the parties has con-sented in advance, the interception interception. If none

This

DSAR

supersedes DSAR

5700.1,

IS

Oct.

07. and

Changes

1 and

2.

256
must V be

approved

by tlie Attorney

General

of tlie United

States.

See

paragraph

C. below.

2. The in advance Assistant by the Deputy interception has been approved Secretary of Defense (Administration) .^ and : B. A felony has been or is about to be committed in advance to the of the parties has 1. One freely and voluntarily consented

interception.
in advance Assistant 2. The interception has been approved by the Deputy (Administration)." Secretary of Defense C. Telephone calls extortion, bribery, or involving obscenity, harassment, threat of bodily harm have been made to a subscriber-user on a military base and : under of Defense the jurisdictionof the Department phone of the telephone has requested the investigation of tele1. The subscril)er-user of calls involving extortion, bribery, or threat obscenity, harassment, in advance to the bodily harm and, in vpriting, freely and voluntarily consents

wiretap.
2. The

telephone

and

wiretap

are

located

on

an

installation

under

the

tion jurisdic-

of the Department

of Defense.

of the DSA field in advance 3. The by the head interception is approved activity concerned. not the D. The or restrictions listed above apply whether prohibitions and to be used which be acquired through information interception is intended may of Defense. in any the Department to be subsequently or divulged outside way of a particular device be said to involve the use can Any question as to whether to the a prohibited interception of a telephone convei'sation will be submitted for consideration in accordance of the Department of Defense General Counsel V G. below. with procedures in paragraph is prohibited if the listening E. To protect the rights of privacy, eavesdropping involves to or violation of the Constitution a recording of a conversation This prohibition includes eavesdropping in any form which is accomplished or a statute. include of physical trespass or entry. It also may eavesdropping by means whose ship relationwhich intrude between the conversations pi-actir-es pei'sons upon doctoris traditionally considered privileged (such as lawyer-client and without pass be accomplished physical treseven patient). Further, though it may if it invades also be unlawful the sanctity of a man's home, or entry, it may hotel room, deserving protection private office, automobile, or other physical areas of the right to privacy. E F. In order to limit eavesdropping not otherwise prohibited by subparagraph above, eavesdropping is authorized of all of the parties only without the consent under the following conditions : offense reasonable 1. There concerning are grounds to believe that a criminal the national is about to be or that a felony has been or security is involved

committed.
2. Advance written

approval

has
or

been

obtained

from

the Attorney

General
without

of
the

the United States. G. No device for wiretapping approval of the Director. DSA.
devices H. When

eavesdropping will be obtained

approval
will

No

DSA.

with this for use except to the extent necessary will be responChiefs of Security Divisions approval is obtained, DSA sible devices for for the security and c^introl of wiretapping and eavesdropping during time of possession.

be given in conformance

for

obtaining

such DSAR.

///. Drflnitions
the purpose the following definitions apply : of this DSAR. The act of listeningto or the recording of any A. Envmcfroppivg.of any other than electronic, mechanical, or telephonic by the use For
,
"

conversation device other

without B.

of all of the parties to the r-onversntion. the advance ronsent versation Wirefoppififr. The act of listening to or the recording of any telephone conwithout the device of any other or electronic, mechanical, by the use referred to of all of the parties to the conversation advance consent ; sometimes herein as interception.
"

7T'. R

cfi

pan sihili ties the

A. Thp will : Director. DSA. 1. IMake required reports to

Deputy

Assistant

Secretary

of Defense

ministrati (Ad-

(See subpar. D
-

1 below.)

Denotes

change.

257
2.

Approve
of

and

forward,
and

as or

necessary,

to
as

the

Defense
B. The

(Administration)
wiretaps
of D!SA heads

disapprove,
will
:

Assistant Deputy Secretary of appropriate, all requests for tlae

installation

eavesdrops.
are

field activities

that 1. Insure no wiretaps or eavesdrops with the provisions of this DSAR. 2. Submit TV reports required by paragraph

installed

unless

fully

in

pliance com-

below.
as

C. The
and 1.

Chiefs control and will

of

Security Division

of devices
:

designated primarily designed or used

are

responsible for the

rity secudropping eaves-

for

wiretapping

and

the make, Marshal, DSA (DSAH-XP) type, serial responsible for custody for each device primarily designed for wiretapping or eavesdropping in its geographic area. 2. Reevaluate the need for such devices annually and advise DSAH-XP of the results of this reevaluation. i-ecords I'equired in paragraph V below. 3. Maintain VI below. 4. Submit reports required by paragraph The Provost and the

to the Report and number, person

Provost

D. 1.

Prepare

Marshal, DSA, will : sign for the Director, DSA,

reports to the Deputy

:

Assistant

Secretary
whether

of Defense 10th

(Administration)
any

as

follows

following each calendar day of the month quarter stating wiretapping or eavesdropping during the preceding month States or elsewhere, if by personnel of the Defense Supply Agency in the United of the United States. The was a citizen party to the conversation any report will include all information in paragraph V below. July 10, annually, a complete inventory of all devices in the Defense (6 ) Before that are Supply Agency primarily designed for wiretapping or eavesdropping. The that the inventory is being maintained at the report will include a statement lowest level consistent with oi"erational requirements. in DSA that of all devices the inventory are 2. Review primarily designed for all requests for devices and additional to or wiretapping eavesdropping lowest level consistent with that the at the ensure inventory is maintained operational requirement. 3. Review all requests for installation make of eavesdrops or wiretaps and recommendations to action to be taken to the Director, DSA as concerning each request. 4. Maintain file of inventory and use of wiretapping and eavesdropping a central central record will include devices. The the date device was assigned, the date of the device. made T^ F 1 returned, and the report of the use (See paragraph
there
was

{a) Before

below. ) 5. Maintain
two

this DSAR

in

current

status

and

review

it

annually, and
to the l.j than

forward

copies of superseding, supplementing, or amending Assistant Secretary of Defense (Administration) no publication.

V. Procedures A. Requests
or

issuances later

Deputy days after

from

Heads
will

of DSA be sent

field activities to
:

for

authorization DSAII-XP

for

ping wiretapand will

eavesdropping
the

HQ

DSA,

ATTN:

include 2. The

information
the

outlined
a

below

1. AVhether

request is for

be

To the extent purpose. the basis for intercepted and

wiretap or an eavesdrop. the conversation possible, describe

belief that
a

expected

to

national

security is involved or that a felony has 3. Identity of all persons under investigation or 4. Statement if any party has freely and voluntarily
of the

oifense concerning the been to be committed. or is about affected. consented,

and if
so.

criminal

his

will l)e forwarded with the request signed consent when to a wiretap or eavesdrop.) party has consented any 5. With respect to the particular operation : a. Identity of the operating unit. b. Types of equipment to be used, if any, to include method of transmission and recording device.
c.

identity. (A copy

Manner

or

method

of installation. to
a

d.

Physical
inside

location,
or

include

whether
access.
e.

outside

the address, telephone number, building, public or private property, and

room

number,
means

the

of

The
as

short

expected period of time for the operation. (The possible compatible with operational neces.sity.)

period

should

be

as

258
wiretap in conueca anthorizing activities, before harassment, obscenity, calls involving of telephone with investigation tion an tary subscriber-user on a milimade to harm a of threat bodily extortion, bribery, or that : will ensure under the jurisdiction of DSA, base that of the telephone telephone the subscriber-user 1. A written request from of bodily threat or bribery, extortion, harassment, calls obscenity, involving tarily that the subscriber-user freely and volunand a statement be investigated harm
B. The

Heads

of

DSA

field

in advance to the wiretap. at the activity. telephone and the wiretap are located field activities of DSA requests for Heads The may approve C. Approvals. calls of telephone involving ol)with investigation in connection an wiretaps made to a suljof bodily harm extortion, bribery, or threat scenity, harassment, of under their jurisdiction. Advance approval military base a scriber-user on for is required of Defense (Administration) Assistant the Secretary Deputy Felony Investigations. Security and involving National wiretaps and eavesdrops for all eavesdrops is required General written Advance approval of the Attorney tigations National with in connection Security Invesfor wiretaps and except in emergency consented in advance and has of the unless voluntary freely parties one tap the wire30 days, and for more than will not be granted to the wiretap. Approval consents 2. The
or

eavesdrop
Renewal

will

be

terminated
for

as

soon

as

the

desired

information

is

tained. ob-

30 days than may specified periods of not more requests be submitted to the appropriate ajiproval authority for consideration. will be reviewed of a wiretap or by the D. All requests for approval eavesdrop and in cases tional the OflSce of Counsel, involving naOfl3ce of the Provost Marshal, indicates review If the Security Division. security, the Intelligence and established with the policies and that the procedures request is in accordance is apof the for approval recommendation and eavesdrop or herein wiretap a propriate, Assistant Secretary of Defense Deputy approval will be requested from (Administration). of the Director. in the judgment E. Etncrr/ency Approval of Eaveffdropa. When DSA of an the needs investigation obtaining the advance preclude emergency of DeAssistant fense of the and the General Secretary Deputy approval Attorney the authorize he the eavesdropping required by (Administration), may within 24 after the hours eavesdropping, investigation. However, authorizing with the Director, will provide to the Deputy DSA the Attorney General, a copy with information of Defense the lined outAssistant (Administration) Secretary of the in subparagraph of the circumstances A altove, and an explanation of the investigation that precluded of the advance needs the obtaining emergency of of the the and General Assistant Secretary approval Attorney Deputy Defense (Administration). F. Conflucf When of Authorized Wiretapping or Eavesdropping. wiretapping will : is nuthorized, the investigative agent or eavesdropping 1. If technically the conversations record on tape or feasible, permanently other recording medium. 2. Preserve the loss, transcripts, summaries, recording, together with or any memoranda that are made concerning the conversations. 3. Report, in writing, to DSAH-XP made device of each describing the uses for wiretapping or eavesdropping. G. When exists of a particular device volves indoubt to whether the some as use of a telephone formation ina the following prohibited intercention conversation, will the

be
way

sent

to

DSAPI-XP

Common

and

technical

nomenclature

of

for the and being or planned on reasons lieing used: its use. DSAH-XP will re^er DSA for consideration, who questions to Counsel. will forward of Defense, if appropriinquiries to General Counsel, Department ate.

device:

the

it is

H.
1. 2.

The

information
in

P"e stored to the

obtained by wiretapping appropriate investigative information and strictly controlled

an

or

eavesdropping
a

will

: cess ac-

file at when

cental

location, with
any purpose,

recorded. used for

as

Always
Not

be

identified

in

storage

and,

information
3.

obtained
lie disclosed that

by

and wiretapping eavesdropping. outside the of Defense Department disclosure is essential

use

unless

DSA

determines records

to and
a

governmental
information

I. All
and

relating to inventory, will be maintained eavesdrops

the Director, operations. taps obtained by wire-

for

period of 6

years.

259
VI. Forms
and

reports
are

Negative
have

reports
not been the

not

conducted head that

established Division
to

by
Attn.
the

insure
:

required wlien wiretapping and ties activieavesdropping by DSA will be personnel; however, procedures of each DSA field activity and each chief, Security of wiretapping acts or eavesdropping are to reported
as

HQ
A.

DSA,
Before

DSAH-XP

follows

day of the mouth following each calendar quarter any/all the wiretapping or eavesdropping of the during preceding quarter by personnel activity in the United States or to the conversation elsewhere, if any party was citizen of the a United States. The the for each report will include following action of eavesdropping or wiretapping : the report 1. Whether is on a or an wiretap eavesdrop. 2. Identity of the persons directed. against whom
3. Location.

second

Identity Tyi)e of 6. Approval

5.

4.

of

the

performing
used and

organizational
manner

unit. method of

equipment authority.

and

installation.

7. Duration.
served. 8. Purpose of results 9. Evaluation of

operations give
are a

that

were

completed

during

the

reporting

period.
B. Before

July
The

2. annually,
that will level

field activity
at the

concerned

complete primarily
a

report
lowest

include

statement with

consistent

of all devices in the DSA inventory for designed dropping. eaveswiretapping or that the is being maintained inventory operational requirements. Negative

reix)rts

required. A and B have C. The been reports required by subparagraphs assigned Report Control and Control Symbol DD-A(Q)795 Report DD-A(A)796. Symbol respectively. of the director, Defense By order Supply Agency.
are

G.

L. Heasley. SC.
W.

Captain.
George

USX,

Executive.

Colonel, USAF, ^h: "We

Jr., Staff Director, Administration.

Joh^ijson.

Cooke.
liave
to

Thank also made

yoii

very

much.

July, 1973

March,

available our 1974 as you

detailed

statistical you

requested.If

sheets from have technical

questions^Yith respect to telephone monitorino- equipment, I have of the U.S. Air Force who Sheerin is behind available Mr. Daniel
me.

whom the commitI have two old colleagues I am tee sure Incidental]}', Andrews and Mr. ]Mr. Robert J, T. Liebling. Joseph recognize, phone and procedures which limit the use of teleDepartmental policies the of information obtained third and control use by monitoring Directive phone 4640.1. ''Teleset forth in Department of Defense are parties, tlie States, the Ignited Monitoring." These directives apply to Rico and U.S. territories. They do not apply of Puerto Commonwealth elsewhere are they applicableto our foreign intelligence overseas, nor

collection activities. gative. investirather than telephone monitoring is administrative The directive classifies it into four categories. to or recording office telephone firet is office telephone, The listening ing electronic devices or recordcommunications or by use of mechanical of obtaining an exact reproducfor the purpose tion by written means, and conversation of the, of the substance telephone or a summary Our with
the consent

of all

parties.

260 Second is command

center

communications.

to Listening-

or

ing recordpui
mand com"

pose

in DOD command centers for the telephone communications of obtaining a record of conversations, for or parts thereof,

and control purposes. Third is communications security. Listeningto or recordingof the of official defense information transmission DOD-owned leased over or for the purpose of determining any means, is being properly protected in the information interest of national Xotice of this action is given to users security. that these systems are subjectto communications monitoring security
whether such
at all times.

telephone communications, by

The

last is communications communications

telephone
means,
not

systems of the
for the contents the

mauagement. Listeningto or recording DOD-dedicated on mon-user systems or the comCommunications Defense Sj'stem, by any

but for the purpose of determiningwhether systems are functioningproperly for official purposes. Almost has a counterpart activity. every phone company first class of telephone monitoring is one in which The are you all familiar, called office monitoring. With the use of either a recorder the adit requires vance equipped with "beeper" or with a stenographer,
consent

of all

partiesto
a

the conversation.

Office

toring, telephone moni-

in such
nature of the of

cases, is

valuable

management
may be

tool to reflect the exact

agreements and
all

understandings achieved partiesconcerned

must

partiesto

the conversation

by telephone.One but again outside the DOD,

consent

let

me

emphasize that monitoring.

other three
are

phone to office tele-

The Tliat

classes of

telephonemonitoring
manner

are

internal. largely

is, they

directed

to the

in which
are

civilian personneluse cations systems.

and security express for

which telephones
in command The

militar\^ and DOD commmiiof DOD part for communications

does
not
quire re-

Telephone monitoring

centers,

communications in each consent

to

management
case.

purposes,

monitoring is
purposes
centers

obtain
the

accurate
a

of command purpose and records for command

center.

center

control

mand comExamples nate, Center, its alterMilitary Command the Airborne Air Defense Post, the North American Command in "Washington, Post, the militaryservices operations centers the militaryand security police operationscenter, fire and are

of officialcalls to

command

of the

National Command

rescue

control

DOD

centers, and air trafficcontrol centers. monitoring for these centers closelycompares made Aviation by the Federal Agency in
centers.
our

with the recordings air its manj^

traffic control
centers

in

most control fire,and rescue police, Similarly, large cities and counties monitor accident reports and

requests for
DOD

specific regulations be published prior to the initial operation of the recording equipment. The existence of such is monitoring,moreover, required by DOD directive 4640.1 to be widely and expressly publicized throughout
center

assistance to insure accuracy directive 4640.1 requires for each

and

for

record

purposes.

DOD

and its components

as

to amount

to constructive

consent.

262
STATEMENT FOE OF DAVID R.

MACDONALD,
AND

ASSISTANT TARIFF

SECEETARY

ENFOECEMENT,
OF THE

OPERATIONS

AFFAIRS,
BY ASSISTANT DOUGLAS

PARTMENT DE-

TEEASURY;
WILLIAM FOR SPECIAL A.

ACCOMPANIED

J. ROBERT MISSIONER, COMA.

McBRIEN, McCOMBS,

STAFF;
CUSTOMS SENIOR OFFICE
J.

MAGEE,
AND

JR.,

SECURITY

AUDIT;

AGENT,

SPECIAL

INVESTIGATIONS

BRANCH,
WILLIAM

OF

INVESTIGATIONS,
DIRECTOR,
ASSISTANT

U.S. CUSTOMS SECURITY

SERVICE;
SION, DIVI-

HULIHAN,
OF THE

INTERNAL

OFFICE INTERNAL OPERATIONS NAL EEVENUE

COMMISSIONER JACK

ANCE), (COMPLICHIEF,
INTEEAGENT-

REVENUE TAXPAYEE AND

SERVICE;
EOBEET

PETRIE, DIVISION,
SPECIAL

BRANCH,

SEEVICE E. SNOW, AND

SEEVICE;
SPECIAL

IN-CHAEGE,
OFFICE OF

INVESTIGATIONS

SECUEITY SEEVICE

DIVISION,

INVESTIGATIONS,

U.S. SECEET

Mr. Macdoxald. Thank yon, sir. is David R. Mardonald, Assistant Secretary ury of the TreasMy name for Enforcement. Operations, and Tariff Affairs. Accompanying me of my staff and several repreJ. Robert McBrien today are jNIi-. of otlier sentati^"es liam components of the Treasury Department : Mr. WilA. ^lacree, of Customs Jr., Assistant Commissioner for Security and Audit: ]Mr. Douglas A. McCombs, Senior Special Agent. Special Investiirations Branch. Office of Investigations. U.S. Customs Service: Mr. "William J. Hulihan. Director. Internal Security Division, Office of tlieAssistant Commissioner ice: Serv(Compliance), Internal Revenue ^fr. Jack Service Petne, Chief, Operations Branch. Taxpayer Division. IRS: and ]\Ir. Robert R. Snow. SpecialAo;ent-in-Charge, and Security Division, Office of Investigations, SpecialInvestigations TJ.S. Secret Service.
I of
am

pleased to report to

you

today

on

the

and practices policies

tlie

Treasury Department
evaluators, telephone

to relating

stress

polygraphs, psychological monitoring,and other surveillance

procedures.

In Xovember of lOTo, the Treasury Department submitted to the General Accoimting Office a report requestedon behalf of this subcommittee

concerning Treasui'y'suse
strpss

of

polygraphs, psvchological

evaluators. and telephone monitorino- and surveillance procedures. which We haA-e submitted for the record today information updates several of the questions previously answered. I would like at this time to submit this additional information for the record. Mr. MooRHEAD. it will be made Without a part of the objection,
record.

[Tlie material referred

to

follows:]
The Depaktmext
of the

Treasvry.

Wnahinffton,
Hon.
WiLi.iAir

B.C., June

12, 197/,.
Gov-

S. ISIoorhead. B.C.

CJinfnnan.
e7'nmevt

Foreign Operotwrn^ and Government Stihcommittee, Information IJom^e Operations Committee, of Txepreaentatives. Waf^Jnngton.
CnAiR^fAN
is in to letter of 14.

1074. to : This ;May yonr response Secretary reqnestin.":that the Treasnry Department update the information on snhmitted in response to the October .^.lOT.S. onestionmonitorinjr proeednres of the General naire survey to this letter Office. The attachments Accounting
the

Dear

:Mr.

263
include

the few

changes

which

of November response I wish to submit this

hearings on monitoring Thursday, June 13, 1974. Sincerely yours,

been made have to the original Treasury ment Depart28, 1973. for inclusion in the record of the information updated to be conducted on by this subcommittee procedures

Assistant Enclosures.

David R. Macdonald, Secretary for Enforcement, Operations and Tariff Affairs.

Summary

of polygraph

uses

"byTreasury

Department

enforcement

agencies,'^

fiscal year
Alcohol, Tobacco
Ciistoms
Internal Secret Service Revenue

1974
24 0
3 40

and

Firearms Service

Bui-eau

Service
Total

67
estimated for fiscal year
are

Numbers

accouuting

since 1974.

close

of

flscal year

1974

will

reflect

more

accurate

final

U.S.
The

Secket

Service
in the information

U.S.
to the

Secret that

Service

General

reports no changes Accounting Office.

previously

mitted sub40

Please
cases

note

of utilization

for fiscal year 1974 the tests. of polygraph

Secret

Service

reports approximately

Bureau

op

Alcohol,
of

Tobacco

and

Firearms

OFFICE

criminal

ENFORCEMENT

Answer

No.

4.- The
"

survey

of 53

Code-A-Phone

automatic 40 of which

telephone answering
are

equipment
which
are

reflects

total

of

instruments,

in

use

and

13 of

inoperative. for two devices) ; (c) $57,000 flects (reAnswer No. 7." (a) $.56,000($4,000 increase above $4,000 increase). of the that ATF estimates that approximately Please note $15,000 worth in 7 is to No. inoperative. referred equipment

Department

of

the

Treasury

"

Office
stress

of

the

Secretary

polygraphs

and

psychological

evaluators

There

is

no

change
of the

in

the

No.

3 to

part A
of the at that

October That

issuance aration contain

Instructions
time.

previously reported. However, questionnaire reflected that for Conducting Security Investigations was
information 1973, GAO
has not

answer
a

revised

revision

yet been
use

issued

but

will

in prei"continue to

instructions
clearance.

prohibiting polygraph
MONITORING
PRACTICES

without

prior Civil Service

mission Com-

AND

DE\^CES

The
the

remaining
subordinate have

to

cutoff eight transmitter "theSecretary and the been removed

or

switches
one

located

in

the

ofl5ce of

in the rendered

Office of the

Comptroller

officials of

Currency

otherwise

inoperative.

MONITORING

PROCEDURES

Attached
version of

are

copies of three

memoranda No. 41

(1) Secretary

Circular Administrative No. Administrative Circular Shultz.

which supersede the June 9, 1961, Dillon. 41, signed by Secretary Douglas by 13, 1973, issued Revised, December

264
(2) Supplement No. 1 to Administrative Circular No. 11, January 23, issued by Secretary Shultz. of Clarification, (3) Memorandum January 14, 1974, issued to Assistant L. Morgan. Edward

19J4,
retary Sec-

The

Secketaey

of

the

Treasury. Wash Ington.

Administrative To
:

Circular

No.

41

Revised, December

13, 1973

The
The The

Deputy
Under

Secretary
Secretary for Monetary Secretary
Affairs

Under

Secretaries The Assistant Director. Executive Secretariat of Bureaus Heads

It is the
from used

of the Treasury that no policy of the Department telephone calls to or offices be monitored officials. "Monitoring," by or for Treasury as Treasury through the use of mechanical recording the conversation here, means ment equipfor the purpose of producing verbatim of what record or a stenographer a

was

of the Treasury shall have individual discretion as Department to listen and record maries, they will permit secretaries names, dates, sumsimilar or material, but verbatim transcriptions of telephone conversations both shall be made that this is parties to the conversation only when agree Such as an transcriptions are to be considered exception to normal necessary. cedure, promechanical electronic equipment and or no cut-off including transmitter to whether

said. Officials of the

switches
The

or

similar

devices

will be used

for this purpose.

electronic mechanical or telephone recording or monitoring right to use of the Treasury under stances circumequipment by any official of the Department any of the Secretary or his designated shall be subject to the prior approval have such authorization received under representative. Officials who previous resubmit the provisions of this a request for approval under regulations must from the date of this circular. Requests for continuing month circular within one annually prior to approval for the right to use this equipment will be submitted June

30. Administrative

Circular

No. 41, dated

June

9, 1961, is superseded.
George
P. Shultz.

The

Secretary

of

the

Treasury, WasJiington.
No.

Administrative
To
:

Circular No. January

41

Revised, 23, 1974

Supplement

1,

The
The The The

Deputy
Under Under

Secretary Secretary for Monetary Secretary

Affairs

Secretaries Assistant Secretariat Director, Executive of Bureaus Heads

Secretary, General Counsel, and Assistant Secretary for Enforcement, Trade are as Affairs, and Operations designated my sentatives reprefor the approval of requests to use mechanical electronic telephone or in accordance current laws and with recording or monitoring equipment lations regugoverning their use.
The

Deputy

Tariff

and

George

P. Schultz.

The

Department

of

the

Treasury,

Washington,

D.C., January

IJf, 197//.

to : Heads of Treasury Memorandum bureaus enforcement and offices. Edward L. Morgan, From : .Assistant Secretary for Enforcement, Tariff and Trade Affairs, and Operations. Circular No. 41 Revised, December Subject : Administrative 13, 1973 Monitoring Procedures.
"

265
that the provisions contained in Treasury tive administraDecember 13. 1973. relative to the use of Revised, issued inechanical electronic or recording or monitoring equipment by any official of of the Treasury, the Department apply only to administrative versations telephone conand not those involving criminal investigations or protective intellioflScers. by law enforcement -gence operations conducted
are

Yoii

hereby
No.

advised 41

Circular

U.S.
All

Customs

Service

updated

information from

developed by
the

attached

memorandum

the Customs Service is contained in the Office of Investigations. It relates only to monitoring

of the Office of Investigations. No tional updated or addiapply to the questions relating to the use of polygraphs and The Office of Security and Audit has advised psychological stress evaluators. that all infonnation provided in their report of November 1973 is currently accurate and complete. information would

practices and

devices

U.S.

Customs

Service

Subject:

Update
and

information
Below
use

to the U.S. General report submitted Accounting Office for uators, use by Treasury of polygraphs, psychological stress evaltelephone monitoring, or other surveillance procedures.
a on

of

the

in

ui)dating of our coordinating a Customs

an

is

information Service

concerning
response

the

above

subject for
Subcommittee

your
on

to the

House

Foreign

Operations

and

Government

Information.
PART B

used to monitor record phone teleQues-tion 3. If telephone recording devices are or devices in use such in your are calls, how agency? Is a beeper or many devices other warning corded required to notify the other party that the call is being rehy the devices? Office of Investigations has Answer. The current a corders inventory of 293 tape recoils which 74 induction used and to monitor record are or telephone devices is utilized calls. No to notify participating parbeeper or other warning ties. of an administrative In the case and monitoring, all parties acknowledge to the monitoring prior to the conversation. agree If telephone recording devices are used, please specify the number Question Jj. into telephone circuits, the number of induction-type attachof recorders wired ments dictation machines that can be used to record on telephone conversations other into the circuit, and that without being wired types of instruments any be used record Please indicate which to monitor or telephone conversations. can of these devices, if any, are equipped witli a beeper or warning signal. wired No are Answer. recording devices directly into telephone circuits. The coils for recording telephone conversaOffice of Investigations has 74 induction tions.

If utilize nontelephonic ever "bugging" devices? purpose? Office of Investigations does, in carrying out its enforcement Answer. The sponsibilities, redevices. The of such utilize nontelephonic use "bugging" ment equipwith and in full compliance and 18 U.S.C. 2510-2520 is strictly controlled of Justice and Treasury. from the Departments directives current The inventory for the Office of Investigations' nontelephonic "bugging"

Quest inn

6. Does

the

agency

so, of what

type and

for what

devices

is

Intelligence Microphones
Transmitters
Transmitters

kits and and receivers recorders

_

26
11

3
1

Transmitters
Receivers Video

20
12 12

recorders/monitors

of the total cost of these furnish the best available estimate Question 7. Please and attachments, (a) recorders (b) telephone service observing devices, (c) nontelephonic "bugging" devices.

37-871"74

18

266
Answer.
The

best available

estimate

of cost is

(a) 293 tape records (6) None (c) Nontelephonie "bugging"' devices
Total

$58,600
90,975 149,575
George C. Corcoran, Jr.

Internal 1. Instructions implementing been have consensual monitoring 142, dated April 11, 1974.
2. An
was a

Revenue

Service revision Manual in IRS policy on 93GSupplement

previously reported
issued. and
on

See

attached

information issued

notice

on

use

by the

Commissioner

control March
use

of electronic surveillance ment equipinformation 25, 1974. See attached

notice.

polygraph devices and changes in is included for equipment for Compliance Commissioner and the Office of the the Office of the Assistant result for Inspection. The cost changes Commissioner Assistant inventory and not in from either previously recorded new purchases or identifying equipment inventory counts. Internal Revenue Service reports no other changes. The
3.

Updated

information
and

regarding
of

the

of

the

inventories

costs

electronic

surveillance

[Manual
Department

Supplement
of the

Nos.

93G-142,

94G-52,
Internal

99G-24,

(10)

10-24] Service

Treasury

Revenue

consensual

monitoring

of

private
"

conversations
april

in

criminal

tions investiga-

11,

19t4

Section
This and

1.

Purpose

P-9-35 (approved Oct. 26, 1973), policy statement implements supplement of Justice dated guidelines on monitoring private conversations Department

October Section
The

16, 1972.
2. Background

with of one of the participants is the consent be sparingly and investigative technique but must fully careof Justice has encouraged its use used. The gators Department by criminal investito establish it is both where offense. appropriate and necessary a criminal such While tigative monitoring is constitutionally and statutorily permissible, this investechnique is subject to careful regulation in order to avoid any abuse or unwarranted invasion of privacy. any

monitoring
and

of conversations

an

effective

reliable

Sections. .01 The

Designated

Officials

of telephone conversations with the consent of one all monitoring or be authorized by the Chief, Intelligence Division ; the Assistant parties may Regional Inspector (Internal Security) ; the Chief of the National gations Office InvestiBranch (Internal Security) ; the Chief of National Office Operations Branch of any of them, the person (Intelligence) ; or in the absence acting in his be redelegated. place. This authority cannot .02 Other in criminal than investigations, the recording of telephone calls by of mechanical, electronic or any use other device is prohibited. .03 The conversations monitoring of nontelephone with the the consent of one authorization of the Attorney party requires the advance General or nated desigany Assistant Attorney General. Requests for such authority may be signed )"y the Director, Intelligence Division ; the Director, Internal Security Division ; or, in their This absence, the Acting Directors. lieredelegated. authority cannot These same officials may authorize temporary when monitoring emergency exigent circumstances preclude requesting the authorization of the Attorney in advance. General If the Director, Internal Security Division, or the Director, Intelligence Division, cannot be reached, the Assistant Commissioner (Inspection) the Assistant or Director, Intelligence Division, may grant emergency approval. This be redelegated. authority cannot .04 There to the
are no

conversation

restrictions consent.

on

any

nontelephone monitoring when

all parties

267
.05 The in section
use

of

monitoring
section

3.01 and

series) or to persons limitations prohibitions and

to

autliorized by tlie designated officials as equipment 3.03 above, is limited to criminal investigators (GS-1811 of criminal the direction acting under investigators. The
outlined to in

policy statement
persons who

P-9-35 act at the

apply

equally
of theand

Service

personnel

and

non-Service

direction
in

investigators. .06 Monitoring of private conversations will be authorized of the considered such judgment action designated official,
necessary

criminal

only when,
is warranted

to effective law

enforcement.

Section
The

4- Annual
Assistant

Reports
Commissioner

to the Assistant (inspection) shall submit ney AttorGeneral, Criminal Division, an annual report during July of each year containing and : an inventory of all the Service's electronic mechanical equipment conversations designed for monitoring brief statement of the a results ; and obtained during the prior fiscal year by the use of such investigative monitoring.

Section
A

5. Other such

Restrictions

device,
may

be
a

employed

of
Section .01

search

"pen register," designed solely to identify telephone numbers, authorized only when by an appropriate order in the nature warrant under Rule Rules Procedures. of Criminal 41, Federal
as a

6. Effect
This amends

on

Other
and 682

Documents

July
of for and the

10. 1967, and

Internal above

IRM 9383.5. 9453.2. MS CR 94G-34. supplements dated of IRM Handbook for Inspectors (10)111, Instructional IRM Security Division. This also supplements 9900, Handbook

Special Agents.
.02 The "effect"
with
a

should reference

be

annotated

in

pen

and

ink

on

the

cited

text

supplement,
:

to this

supplement.
C. Alexander, Commissioner.

DoxALD

Attachment

Policy

statement.

Attachment

to

MS

93G-142,
P-9-35

CR

94G-52,

99G-24

and

(10)1G-24

(Appro vetl 10-26-73)

investigated to be observed

legal

rights

of

persons

The Internal internal revenue

responsibility for adminis;tering and impartiality. A vigorous offenders enforcement effort is necessary to bring to justice willful of tax laws. At the same time, the integrity of Service personnel in respecting and observing other and the constitutional being investigated must legal rights of all persons which methods will use the Service in investigating alleged be maintained. The but will in all respects stay with the circumstances, violations of law vary may
Revenue laws the bounds

Service is charged with uniform fairness with

within

of the law.
limitations on
l^se of

eavesdropping

devices

In conform

accordance
to the

with

the

above

stated

principles,the
never

Service

will

at

all times

of Justice guidelines on Department will Mechanical, electronic, or other devices

of

monitoring

sations. private converbe used illegally.

monitoring

taxpayer

service

and

office

collection

telephone

conversations

telephones of telephone use equipment enabling supervisors to monitor Service and employees performing Taxpayer by office collection interviewers is permitted provided such determine employee courtesy and accuracy, work, "to the telephones monitored and are conspicuously not recorded conversations are from distinguish them ordinary telephone service labeled so that employees may be monitored. that telephone calls may and know
Tlie used
interception
of

telephone

conversations

of at least one the consent interception of telephone conversations without is the information or not the conversation is prohibited, whether to be subsequently divulged outside the Service. or to be used in any way intended The of the

parties to

268
The
Jiated
use

consent

of eavesdropping devices to intercept telephone conversations with the of one must be approved party to the conversation by an official desigby the Commissioner.
OVERHEARING
OR RECORDING

NONTELEPHONE

CONVERSATIONS

overhear record or nontelephone any but with parties to the conversation, the of at least one, consent be approved in writing by the Attorney must General or his designee ; except for emergency situations when official designated by the an Commissioner of eavesdropping devices use grant prior approval. The to may record conversation overhear without of at least or a nontelephone the consent of the parties to the conversation is prohibited without one order. a specific court : Approved
use

The

of

eavesdropping
the

devices

to

conversation

without

consent

of all

Donald Date
:

C. Alexander,

Commissioner

October

26, 1973.
[Information
Notice No.

74-5]
Revenue

U.S.
USE AND

Treasury
OF

Department

Internal

Service
MARCH

CONTROL

ELECTRONIC

SURVEILLANCE

EQUIPMENT

25,

1974

To I

All Employees.
am sure

that

all of

you

are

aware

of

the

tremendous

obligation which
devices.

the There

Service has concerning possible misuse of electronic under which certain conditions are our investigative devices to monitor are telephone calls. These and IRM P-9-35 IRM 125 9383..",, (16) provides matters to or from telephone calls on administrative

surveillance

"Monitoring."

for

these of

producing

verbatim

record

purposes, what was

means

tronic personnel may employ elecment spelled out in Policy Statethe Treasury that no policy" the Treasury will be monitored. conversation the recording term does not

said.

The

include

the

Service function the quality to determine "listening-in" of calls to the Taxpayer of the response to an inquiry. Within the Service, the procurement and control of surveillance is equipment in the centralized National A Office Intelligence Division. recently completed of the national inventory records check of induction coils disclosed a considerably
fewer learned number that than
some

that of

which

was

found
were

on

hand the

in district of

offices.Also, it

was

tions employees in funcother than of these coils had been ployees Intelligence. Many by empurchased with their own funds without obtaining the approval of the appropriate Property Officer as required by Policy Statement P-1-109, approved August 26,

these

devices

in

possession

1960.
with future officials will meet in the immediate to management you and control Of electronic the Treasury Service policies on the use and surveillance caution each of you that it is extremely important equipment. I must of these that you adhere to these requirements. Any violation regulations could result in appropriate disciplinary actions. Donald C. Alexander, Commissioner Your

reaffirm

Internal

Revenue

Service
June

7, 1974.

INIemorandum
To:

Assistant Commissioner (Planning and Research) M. Malanga. Attention : Planning Officer Frank Assistant CP :I :T Commissioner From: (Compliance)

Subject
The

: Questionnaire Monitoring Practices

on

Polygraphs,
Devices.

Psychological

Stress

Evaluators

and

and

or

ury is to provide up-to-date information concerning Treasfollowing material of polygraphs, psychological stress evaUiators, and telephone monitoring other surveillance devices. The submitted ant to the Assistwas original material Trade Tariff and Operations by Secretary for Enforcement, Affairs, and
use

memorandum

from

the

Commis.sioner
for your
use

dated in

November

submitting this to Treasury.

response

coordinating

the

7, 1973. overall IRS

We

are

response

270
or

other

surveillance
for from response

devices.
the for

The

original material
TarifC in and Trade

was

submitted

to the

ant Assist-

Secretary
memorandum this

Enforcement,
your
use

Commissioner

Operations Affairs, and by dated November ting submitare 7, 1973. We IRS to coordinating the overall response policy statements,
response.
^

Treasury.
Unless

specifically identified, all

the
same as

answers,

regulations, etc.

^.

remain

shown

in

Inspection'soriginal
Part A

QUESTIONNAIRE

OX

POLYGRAPH

AND

PSYCHOLOGICAL

STRESS

EVALUATORS

conducted Security Division or at the by the Internal None previously reiJorted. request of the Internal Security Division. Internal The has participated in one Security Division polygraph examination

Questions 4 (Z) and (m) Polygraph examinations

since
The

1073. November examination was at

Initiated

employee's request"

verbally March

29, 1973 and

in

ber writing Novem-

12. 1973.

Approved

by the National
was was
"

Examination Examination Status of case

conducted conducted

Office of Inspection" ilarch 20, 1974. on April 15, 1974 and April 16, 1974. by United States Postal Service.
Part B

pending.

questionnaire

on

monitoring

practices

and

devices

Questions 3 and 4
How induction Tlie devices are many coils previously

used

to

monitor

or

record

telephone

calls. Forty-five

reported.

Internal

ordinary and/or telephone calls.

coils in conjunction with utilizes 79 induction Security Division be used which to record can battery operated tape recorders

Question 7
The
The

best available
best

estimate

of total

cost

of

(a)

recorders

and

attachments

and

non-telephone ''(c)
-the cost Increases
These and for

devices.

$81,250 previously reported.

that be noted of the total cost is $83.6.30. It should available estimate recorders and devices and has not changed surveillance only from the cost of standard .$30,150 to a cost of $32,-530. type recorders in conjunction with induction recorders be used transmitters coils or can

this^
used

sometimes oflSce

are use.

but

they

are

normal

size not

recorders

that

are

also

for

regular
devices"

Therefore, they are of the term. in the normal use

necessarily

considered

'-surveillance

Question 8
Agency
Attached rules manual and

regulations covering
supplement
93G-142
the

telephone

monitoring,

recording
^, ,

and
.

surveillance.
dated April 11. 1974, provides the designated with monitoring of telephone conversations may or"all parties. Prior regulations provided for authorization of one the consent of one with the consent party to the conversations. P-9-35 October dated Attached 26, 1973, provides that the policv statement phone will designate the official that could Commissioner authorize monitoring of teleconversations will designate of one all parties and with the consent or the official that can sations. convernontelephone approval to monitor grant emergency Prior Commissioner could make regulations provided that the Deputy these designations.

officials that

authorize

Attachments.

Director, Internal

Secnrity Division.

Mr. Macdoxald. I believe these materials clearty indicate tliat the Treasury Department is not engaged in "snooping" on its employees in ''peering the shoulder" While the or of the American over people. that believes its a nd TreasuryDepartment practices presentprocedures

271 of a careful takino;the precaution we reasonable, are, nonetheless, will institute whatever and we rules and operations; of our scrutiny needed and authorized. new are procedures have and our current information indicate, As the reportto GAO we
are

transmitter cutoff devices which are excessive backo;round noise. That leaves only 10 not needed to screen in September, of the 108 we reported cutoff devices remainino; operative cutoff devices are needed and transmitter 1970. All of the 10 ojjerative cutoff devices have used for purposes other than monitoring.Some removed l"een rendered but have not yet been physically inoperative,
eliminated from

Treasury

those

from

the

premises.
AND

PERSOXXEL

ADMINISTRATI\-E
DEPARTMENT

rROCEDURES

OF

THE

TREASURY

In reviewing 1070 report,Mr. Chairman, and your subcommittee's submitted the questionnaire I to us by the General Accounting Office, the utilization of noted that emphasis appeared to be placed upon tion polygraph examinations or other mechanical evaluations in connecacter, with the testing of Treasury employees concerningtheir charthe and stability. As our GAO to out, fitness, points response

Treasury Department
stress evaluators to

is not

usingpolygraph devices
the character and

or

psychological

measure

fitness of its emploj^ees,

and

we

have

no

intention of

doingso.

I might add, evaluator in the

can

stress do have one we parenthetically, psychological and if is His Simon "VYilliam name Department. you survive that particular taxing demand, you should be able to

survive the other stresses and strains. Mr. MooRHEAD. I thing we ought to have
been under
stress

the

record

show

he has

or

strain in the ])astmonths, too. some Mr. Macdonald. Nor does the Treasury Department use surveillance in connection with its administrative functions, monitoringpractices unless the taxpayer service program of the Internal Revenue

and

Service could be deemed to be such a practice. The taxpayer service program of the IRS involves telephonic tax advice givenby IRS service representatives of taxpayers. to thousands These service representatives told in advance that their advice will, are from time to time, be inonitored by supervisors in order to assure
the with and courtesy. This is an instance where completeness monitoring equipmentthe employee'sadvice to taxpayers be judged by a supervisor. It balances,we the great importance can believe, of assuring and accurate, courteous tax advice to our complete citizens with fundamental lieve befairness and respect for employees. We that the foreknowledge of and consent to the fact that their calls will be periodically audited gives to the taxpayer service personnel of the Internal Revenue Service an adequate opportunityto

accuracy,
use

of

consider whether Americans.

they desire

high qualityaiid uniform

CRIMINAL

to work advice as

at tax

task

which

demands

such

for millions of counselling

OPERATIONS

ENFORCEMENT

As

you

are

has Service,

the

and President,

Treasury Department, through the Secret the President, the Vice for protecting responsibility other importantfunctionaries against violence. physical
aware,

the

272 The

Secret
with

Service also is the

vehicle

through which

Treasury is.

of the Nation's and conhdence the integrity protecting and of Government forgery by suppressingcounterfeiting currency the Nation's enforce is to the checks. Through lliS,Treasury required nonfilers and fraudulent that laws, in order to assure revenue-raising and prosecuted. discovered filersof income Through tax returns are and Firearms the Customs Service and the Alcohol,Tobacco Bureau, handlers of dealers and and illegal snmgglers,illicit still ox^erators, firearms are brought to justice personnel. by Treasury enforcement In connection w^ith these enforcement monitoring and activities, surveillance are employed conforming to legalrequirements practices add that 1 should and polygraph tests are administered. psychological of the Treasury Departnot used by any branch stress evaluators are ment used in our in enforcement not functions just as they are administrative operations. administered forcement by Treasury enFifty-sevenpolygraph tests were ()7 1973 and fiscal in through approximately agencies year May in fiscal year 1974. Most of these tests have been administered ing of counterfeit"bythe Secret Service in connection with investigations In all cases, the polygraph is used by Treasury enforcement cases.

charged

with agencies used

some

the consent

of

suspect

or

informant
a

as

an

ating aid in evalu-

information
in those
cases

developed as part
where
other

of

criminal

It is investigation.

have circumstances indicate it may ject No individual is ever value to the investigation. compelledto subhimself to a polygraph examination.
were

There

in calendar

year

1973

1,080cases approximately

in which

vestigati monitoring of con^'ersations occurred in connection with criminal inof the partment. Deenforcement various operations Treasury by Through May 1974,there have been an estimated 240 such calendar Those are cases. Chairman, calendar year year cases, Mr.

mimbers. and only under when believed to be necessary state of the and procedureswhich conform to the current four of in 1973, court-ordered cases law. Of the 1,080 monitorings conducted surveillance of communications were pursuant to title III of the Omnibus Crime Control and Safe Streets Act of 1968, and the

Monitoringis used

standards

remainder
Mr. Mr. Mr. Mr.

That consensual monitorings. MooRHEAD. Consent by one party ? Magdonald. Yes, sir.
were

is consent

by

one

party,

MooRHEAD. Magdonald.

But

there

are

two two

to parties

There

are

and parties

conversation. ''consensual the term

out of title III as being an exemption to the courtmonitoring"comes ordered as sensual conrequirementfor tapping.These are known, therefore, is which court to no approval required. monitoringsas prior committed ourselves to instituting at Treasury have We periodic engaged in by procedures for those monitoring practices reporting enforcement tinue components of the Treasury Department. We will concheck mechanisms to help evaluate the need to use these periodic of each type. Where for monitoring aixl tlie success a procedure does need of providinga genuine operating not measure up to the standards for Treasury,it will be improved or eliminated. I would be less than

candid

such say that hearings in tliis. continually goadingus on

if I did not

as

this have

some

effect in

273 Mr.
Mr.
a

hope so. goal is professional qualityof both

Our

IMooRHEAD. Macdonald.

"We

is simultaneously effective and

to do

people with and law enforcement which considerate of human In order riglits.
service

to

provide the American

not treat cavalierly otherwise abuse the rights or citizens our or our employees.That is the combined and balanced standard of integrity and effectiveness that we have set for ourselves and which we believe we are achieving. The few changes since our rather extensive report of last November described in the niaterials submitted for the record. I will be pleased are to answer any questions you may have. I would like to add a couple of pointswhich are not in the statement and which I think are relevant to the generalpicture. With respect to the Secret Service, the Executive Protective one division, Service, is charged with the protectionof the foreign missions here in Washington. They are very analogousto a police department, and they do record and monitor, as most police and fire departments do, all of their telephone and radio traffic.They keep this for 30 days and at the end of 30 days,they destroy it.One purpose is to know when makes call with an address where they want an somebody emergency the EPS to go, that the EPS'has the rightaddress and that they do not have to locate and ask the person for that address again. Second,we have not included in our number of monitoring practices, in which those cases the White House switchboard switches to the Secret Service crank calls which sometimes are threats against persons at the Wliite House. The Secret Service then monitors that call and talks to the individual. If the individual turns out to be harmless in tho opinionof the Secret Service agent who is talking to him, he will the monitor in the next call that comes erase in. If the individual turns out to be a threat in the opinion of the Secret Service agent who is to the call that will then be recorded as one listening of the monitoring which we have reported here in this statement. cases Mr. MooRiiEAD. Does that completeyour statement, Mr. Macdonald? ]VIr. Macdoxald. Yes,it does. Mr. Moorttead. like to hear from ISIr. We would now PhilipJ. Budd, Chief Data Management Director, Veterans' Administration.

this,we

must

of either

STATEMENT

OP

PHILIP

J. BUDD,

CHIEF

DATA

MANAGEMENT ACCOMPANIED

RECTOR, DI-

VETERANS' WILLARD D. JOHN

ADMINISTRATION;

BY

WHITFIELD,
P. TRAVERS,

DIRECTOR,
DIRECTOR,
HOWARD
AND

TELECOMMUNICATIONS VETERANS'

SERVICE;
AND

ASSISTANCE;
TIVES REPRESENTA-

KENNETH OF GENERAL

MEYER

DENNY,

COUNSEL

Mr. who

Btjdd. I have
is

with

me

Mr. Willard

the veterans representing counsel's Mr. Denny office, general Mr.

also Mr. Travers T^Hiitfield, lienefits and two officersfrom the is one and Mr. Meyer.

of the subcommittee, I welcome this to testify concerning, and furnish additional data on, the opportunity current and other surveillance telephone recording and monitoring members of practices The of the need to respect years been cognizant calls. Complete instructions are available to the privacy of telephone

Chairman

and

VA

the Veterans' has for many

Administration.

274 VA central officeand field station

personnelconcerning agency

ing record-

VA detailed in our and monitoring practices as policyand practices, and practices furnished of the relevant policy was A copy of eacTi we responded to their October to the General Accounting Office when at the request of undertaken which was 5, 1973 questionnaire survey this subcommittee. electronic recording devices are used by the mechanical or Where regulations VA, we comply with local State and Federal publicutility for toring and moniThe VA's their recording use. applications governing be follows : as on categorized telephonefacilities may
1.

RECORDING

BY

MECHANICAL

OR

ELECTRONIC

DE'VTiCES

of a telephoneconexact versation Verbatim record : When an transcript official in for reference is needed conducting subsequent advised at the beginning of the conversation the participants are business, with their that a recording will be made only agreement. A recorder is then connected to the line which is equipped with an tone cording, automatic warning device. If the other party objectsto the rethe recorder is disconnected and the party is so informed. ities locations are equippedwith dictation facilh. Dictation : Many VA GSA which interfaced with the VA or are telephone private such installations VA At branch exchange PBX/Centrex" systems. personnelare able to dictate into centralized recording equipment for of their dictation is later local official records. A typed transcript of desk recorders or used individual Such in lieu are prepared. syst-ems using secretaries for taking manual dictation. G. recording: At selected locations Telephone answering-message the VA has installed telephone equipment which swers automaticallyana.
"

incoming telephonecalls,plays a prerecorded

the caller and

announcement

to

advises the caller that after hearing a tone the caller the recorder. This equipment has proven on place a message may advantageous where after normal business hours telephone coverage It is also used at selected locations which is required. not fully are staffed throughout the entire day.
2. MONITORING

other personnel:Officialsof the VA are thorized auor verbatim secretaries or other personnel make ord reca of part or all of a conversation for future officialuse provided of the all other parties notified adequately to the conversation are
a.

By secretaries
to have

monitoring.
selected Veterans assistance quality evaluation : Periodically Assistance Division officials are requiredto evaluate the quality of telephoneinterviews conducted by Veterans Assistance personnel. the Veterans' Assistance personnel are During evaluation periods, the will be made notified that qualitvperformance observations on calls thev are is observations where the Silent transmitter handling. it is not conducted off circuit are at only those field stations where local since the neither to State utilitv or public regulations contrary caller nor tlie VA of the o bservation. notified specific personnel are
". Veterans

275

3.

OTHER

SUR^^3ILLANCE

PRACTICES

a.

CUnleal
of
see

use

of

closed

made
can

is done patients
camera

the

and

circuit television: ]\Iost of the recordiii"2:s in the open, that is the patient using cameras is aware of being recorded and has previously there
are

consented

to it.

in only a few locations withmounted behind One camera a being mesh where the system was screen designed for equipment protection. To the best of our knowledge, only one of these installations exist. Its use for violent is drugs patient observation while tranqualizing are taking effect and to protect medical personnel when enteringthe to observe that no is hiding behind the door and to monitor room one in of attack. the medical personnel case

"With respectto hidden cameras where this is used. the VA

"We

have

some

areas

where

cameras

are

hidden

behind

one-way

views is not distracted during interThis is done so that the patient glass. discussions. or In all instances where this form of observation is used the patient has been preA'iously advised that as part of tlieir treatment they are
or taped. being monitored h. Securityuse of closed circuit television: All surveillance cameras used to observe and are in the open used by the VA entrances, are where 24:-hourand other areas hallways,interconnecting passageways a-day surveillance is required. I believe it is of importance to repeat at this time VA's original

response

to

part A

of the

GAO

regardingthe cpiestionnaire
evaluators.

use

of

stress polygraphsand psychological

Tlie

and of the polygraphs make does Administration not use ])syfor evaluation except medical equipment testing and any purpose of forms various of Medicine and Tlie uses Surgery treatment. Department in treatment the evaluation and and techniques equipment testing psychological fall in the not do and its uses this equipment of psychiatric patients. Since A is negative. to Part guidelines, the answer by your category covered

Veterans'

chological

In
to

part B of
number
"

our

response

to the

we questionnaire

the

of

telephone

transmitter

cutoff

advised GAO as switches including

"

partial agency push-to-talk and their cost for fiscal year 1973. A new with indicates reduction which ]-)een has a only com]:)letcd survey the at VA Central cutoff Ofuce, transmitter switches remaining eight
VACO,
connected
have
to

telephoneswhich

have

access

to the

commercial

facilities. tions field station locaswitches at our 571 We noAv push-to-talk which in D.C, are 14 at the Central Office and Washington, the various dedicated private line voice conference installed on tems, sysdedicated field stations. These and SS-1, connecting VACO and the the conference push-to-talk public systems are not accessible to switches have been providedupon the considered advice of telephone

telephonenetwork

to engineers

shown agency the

our

noises background room conferences. We will seriouslydisrupt to update other figureswhich survey eliminate

which
are were

experiencehas new a initiating

previoush' vided pro-

will be provided to you at The results of this survey GAO. I date. earliest possible am submitting a copy of the results of of the numbers of transmitter cutoff switches recent most survey
to

276 switches on the of push-to-talk and details of the number at VACO and in the field. SS-1 systems both at VACO I again thank you for this opportunityto appear and present the I views of the Veterans' Administration this important subject. on that will he pleasedto attempt to answer of members any questions the subcommittee may wish to ask. Mr. MooRHEAD. Thank you very much, Mr. Budd, for your testithree all of you. mon}^, [The document referred to follows :]
COMPARISON OF PREVIOUS TRANSMITTER REPORT TO GAO AND AND JUNE 1974 PARTIAL SWITCHES AGENCY SURVEY OF

CUTOFF

PUSH-TO-TALK

Fiscalyear 1973 report to GAO Field Number Amount Number VACO Amount Number

June 1974 Field Amount

partial survey
VACO Number Amount

Transmitter cutoff switches: VACO switches: SS-1 push-to-talk DDM D.M. "S DVB Total
_...

55
-

$165

$24

5 489 63 557

$60 5,868
756

6,684

66

297

571

6,852

22

192

Mr. engage
use

I will start with Mr. Cooke. Mr. MooRHEAD. in the Comsec monitoring,what kind of

Cooke, when

you you

equipmentdo

Mr.
or

Cooke.
actual

That

may

be mechanical
are

or

electronic

equipment recording
extension

sir. listening,
you

But MooRHEAD. there is not phone ; any Mr.

justpicking up in effect an

tapping?
I indicated

Mr.

Cooke.
which

be actual recording it may ment equipof is physically attached to the line for the purpose

No;

as

Comsec.
to

or

Is this one ? a telephone Mr. CooKE. Yes ; it could electronic.

Mr. ^looRHEAD. Mr. MooRHEAD. by which

of the devices like a broadcaster attaches

be,a recording by

any

means,

mechanical

but also the Not only thinking of the recording, the recorder is connected or attached. I correct ? Mr. CooKE. Mr. Sheerin, am I am Mr. Sheerin. Yes : it is a hard line attached to the telephone. Mr. Sheerin of the U.S. Air Force,a technical expert. Mr. Moorhead. Mr. Cooke, the communications listening, security ? wires is this, described it, DOD owned leased to as you or solely the of that ]Mr. CooKE. It is DOD owned leased circuits are or part
method the primary and as I indicated, Defense Communication System,sir, field exercises where we are is in the command use centers,op-centei-s, concerned of communications with the vulnerability an unsecure on not communication line telephone which, although one specific may reveal much, a series of communications taken in toto could reveal classifiedinformation. The other purpose of the Comsec is to suggest to the monitoring commander concerned better procedures to protect such classified communications.

278
jMr. ]Macdonald.

Correct ; as

long as

one

party

to tlie telephone con-

versatioi\ consents. citizen ? of the private the consent Mr. IMooRHEAD. Without will call a INIr. ]Maci)Oxald. "Without consent of the party whom we informant of criminal citizen but who is invariably or an a suspected with kind. It is used only in connection a criminal investigation. some Mr. jNIoorhead. This could be a two-part conversation Mr. jNIacdonald. Exactly. that the agent INIr. jNIoorhead. It is not a three-way conversation citizen? is listening in to a suspect talking to another
Mr. ]Macdoxald. ISTo; there either
were

four of those ordered.

case typical agent posingas

without would
a

as the testimonysays, those, all court Those were party knowing.

four of

be where
us

an

arrangement is being made

by

an

buyer,let

say for

who

and arranges calls up the supplier that the other record tliat for later evidentiary so purposes citizen does the suspected In these consensual Mv. ]\IooRHEAD. calls, tliat it is
a

example, of counterfeit money, He will the purcliase. to make

know

Treasury agent calling?

]Mr. ]\Iacdoxald. Absolutelynot. If he did, it would not work, submitted was subject [A chart referring to the above-mentioned

for the record

and

folloAvs:]

ret about the Secask you about your testimony I^et me Mr. MooRHEAD, the House White of the crank call that Service case a typical tlien Do not to it is one decided transfers erase. put all the you you into that caller out information of a can computer system ? get you into Yes it is bank Mr. Macdonald. a ; put system where, hopefully, that man will be identified ; if not, certain characteristics of his will be in the file. Mr, IMooRHEAD. And also you keep a computer file ? Yes, Mr, Macdonald. tion, Mr. ]MooRHEAD. I do not want to ask you any classified informabut can the of that list of idea of us give magnitude any you considered the and Vice President to so President, people dangerous
" "

279
forth ?
not

be made

Again, I do not public.

We

want

to ask

you

if there

is

reason

it should in

Mr.

Macdonald.

would

ratlier

give that information

tive execu-

session.

Mr. ]MooRHEAD. All right. ISIaybe supply it on that basis. you can Mr. Alexander? Mr. Alexander. Thank you, Mr. Cliairman. I would first like to, not observe, but I mate agree that there are legitineeds for investigations, government along the lines especially of criminal investigations and national security reasons, and that is
not

why

we

are

here.

that it is alarmingthat most Federal addition, the agencies, apparently even Department of Agriculture from the data information that we have received here,which is not created for the purpose of protecting national security our by a long shot,are the agencies and departments were equipped to bug the citizens whom
"

I would

observe, in

American to serve. When citizen seeks the assistance of his an Government I think it is a fair presumption that today by telephone, his conversation stands a good chance of being monitored tronic by electhan devices. This is more be illustrated by the exto me can pression "a kid with a new ment toy."It appears to me that our Governhas been that I established.
overcome

created

by
purpose

some

sort

of

snooping mania
many of
our

or

syndrome
w^ere

corrupts the

for

which

agencies

the forthrightness with which you have appeared again appreciate and testified before this committee. I think that we the today are on and I righttrack, hope to get to the bottom of this mania, and I hope
tliat
we can

find nation.

some

medicine

to

cure

it

before quickly

it

overcomes

the whole
Thank

you, Mr. Chairman. Mr. Gude ? Mr. MooRiiEAD.

Mr. Gude.
Mr.

Thank

where personnel have in know certain instances that their conthey versations are being monitored in your agency ? Mr. Macdonald. Are you speaking,Mr. Gude, of the IRS taxpayer assistance service? That is the only area that I am of in the aware field where administrative the Treasury does what might be known that is, using electronic devices to listen in without as monitoring,
to the fact that objected

Macdonald,

you, Mr. Chairman. have there been instances

of the other side. Gude. What is the general attitude of the employeesto that type of monitoring? Mr. ]Macdoxald. Let me refer that to Mr. Petrie. Mr. Petrie. Mr, Gude, I think the generalattitude of our employees has been very receptive. payer They reallyfeel they want to serve the taxand in doing so are obligatedto give the rightanswer. They feel if they can be constructive or caught in giving the wrong answer, this is very beneficial to them and the next time they will givetlie right

the

knowledge

Mr.

It is beneficial to them and they have been very receptive. Mr. Gude. Mr. Budd, can ? respond to that same you question Mr. Budd. I think the answer is essentially the same, but I have Mr. for the Veterans' AdministraTravers,the director of the program
answer.

280
to respond to your tion,and I suggestlie would be better qualified question. from IRS. Basically, Mr. Tr.wtsrs. Mr. Gude, I agree with the man is m echanism this a training our by which superemployees are aware visory t o can guidelines shore up people developby training personnel if they find out the correct answer in weak areas, and again, they will

mistake the second time and so on. the same of information, concerned about In addition to the accuracy we are the because that Veterans' Administration this is something courtesy, flack on, lately. has been getting some about the fact that a VA coiuiselor can, to We are also concerned interview and the control the it at hand some on keep subject extent, the map and unnecessarily rather than going off all over extending
not make

because phone call, other calls waitingto

a

our

is such phone activity

that there

are

usually

Mr.

Mr. Mr.
Mr. your

made a part of in relation to communications telephonemonitoring, testimony regarding the states that DOD munication comsecurity monitoring telej^hone rity secusystems shall constitute consent to communications
you

be answered. Gude. Thank you, Mr. Chairman. MooRiiEAD. Mr. Cornish ? Cornish. Thank you, Mr. Chairman. which I Cooke, notice in the regulations

that you mean the employees monitoring. by that, Now, I assume of the Government notified have been that their phones may tored, be monibut how about those people that they talk to on the outside, of any monitoring, U.S. citizens, are are they aware theygivenany caution or Avarning as to monitoring ?

By the way, you are quite For example, here is a typical correct as to our own employees. sign which is on most phones which says "this telephone is for officialbusiness do not discuss classifiedinformation." to monitoring, only, subject the with the Department of Defense, to citizens not affiliated as Now, I less than of 1 as monitored in any our are noted, percent telephones one given year and the phones selected for monitoring are generally citizen is calling into the Departnot the phones on wliich a private ment. the in in command are They phones centers, op-centersand the like where there is a real possibility that classifiedinformation may be released on unsecure lines.So I would suspect, ously obviinadvertently thei'e may be exceptions, but I would suspect tlie vast majorityof

Mr.

Cooke.

They

are

not, Mr.

Cornish.

communications

are

internal

to the

dedicated

or

leased lines of the

Department.
How gon, Cornish. about the mass of telephones like at the Pentaall ? those included in the system are Mr. CooKE. Categorically the telephonesystem is not subjectto communications the Defense We do not monitor for security monitoring. Mr.

Telephone System for Washington (DTS) where most of the Cornish. And yet,this is the center,actually importantdefense decisions ]\Ir.CooKE. That is true, but they would not be on the circuits normally
.

Mr.

"

connected Mr.

Cornish.

with DTS. But are any

of the Pentagon

phones under security

monitoring?
There of the phones in the DTS. Mr. Cooke. As I said, are none command centers which go out to command phones in our command

281

certainly hope those would be subject security management. But our DTS, is not. our phone system in the Washington area, let me say again, Mr. CoRNisii. So tliatis completely safe, so to speak?
centers at
one

in the

and field,

I would

time

to communications

Mr. Cooke. And you may call me at any time. Mr. Cornish. call you with completecandor I may
any time 'I Mr. Cooke. Yes. Mr. Cornish. I

and

at privacy

was going to say there are probablyhundreds of that recall I in the Pentagon so that if anybody really pay phones wanted to leak any information of a sensitive nature, they would simply have to stepout into the hall ; is that not true i Mr. CooKE. There devices by which are people not only in many

that

elsewhere leak information and we tried to combat can active in all consciousness by security by developing program civilian. and our military employees, Mr. Cornish. that you do monitor. Let us take the telephones Mr. CooKE. May I pointout these are not the same phones. Mr. Cornish. violators How did you catch or spies security many last year by this security ? monitoring Mr. Cooke. Bear in mind our purpose is not to catch spies ity securor the total but of t he violators to juda:e svstem. procedures security As I pointed out before in a response to the chairman, what we are really talkingabout in this area is that our efforts show it is a very when conversation results in individual telephone occurrence rare an of of violation a security possible compromise classifiedinformation. "we which Instead, are compiled lookingat a series of conversations,

Defense, but
an

with

others

classifiedprojects, programs individual. We out an are command center essentially

into related subjects do providean insight and operations. We are not out to catch of to judge the communications security a nd to lines that are not secure ommend reclines, prove concerned to im"appropriate proceduresto the commander
on

the

same

or

if the survey deems it necessary. that security Mr. Daniels ? Mr. MooRHEAD. Thank you. Mr. Daniels. Xo questions. have further questions ? Mr. MooRHEAD. Do you I will get back to you. Mr. Cornish. Thank you. Mr. Phillips ? ]Mr. MooRHEAD. Mr. Cooke, I was INIr. Phillips. very interested to note that the is regulations you appended to your testimonyall bear a date which of these investigations after the commencement by this subcommittee. in response to our interest or that perhaps they were Does that mean these merely updatingof earlier regidations? welcome we a responas I observed before, CooKE. Mr. Phillips, sibility back the date to subcommittee. in the oversight this of Going of your original hearings,we took into consideration the activitiesof this subcommittee at the time we developedthese directives. of Mr. Phillips. These are all dated from Septemberto November
were

Mr.

various aspects of that you had no regidations on ? that date monitoringpriorto telephone t of fact,as you know, our , basic directive, I^Ir.Cooke. No, as a matter is dated September3, 1969. 4140.1. on telephone monitoring
1973. Does that
mean
.

37-871"74

19

282
to update material in the Tlie issues I attached were furnished information, ^Yhiell we had previously the For Phillips. Mr. record,these are the Defense
same area

for

Investigative
Agency,

issued Service, which Xuclear Agency which

the- last which Am tions
one

on regulations issued regulations on

November

20, 1973, the Defense November 28, 1973,and

include here is the Defense Supply is dated September 14,1973. did not have that these three agencies I to understand
that
vou

regida-

priorto these

days?

new

Mr. Cooke. Well, as your requeststated : "If your component issued ing relative to telephonemonitorand revised procedure regulations

subsequentto our reply of October 10, 1973, pleaseprovidethree copies of such issuances." I would like to look at each one to see fense with regard to the Deit is a revision or a new whether publication; this and new Service, it is a relatively agency Investigative
mav

your earl ier di rective ? to all DOD Mr. CooKE. Yes, it applies components and there is a tions standard phrase in it which says two copiesof implementingregulawill be forwarded,et cetera. Mr. Phillips. Then these are merelyrefinements ? into the services distribution Mr. CooKE. Putting them
matter

])e their first issuance. would These Mr. Phillips. agencies

have

been covered under

a setup.^As

of

as fact,

Mr.

pointsout, the DSR Liebling

you. "Sir. Cooke, testimony,
on

57.1 of supersedes

October 1907. Mr. Phillips. Thank On page 2 of your

two

you

rectives indicate that the di-

generaldirectives of DOD

telephone
United
but do not

and interception

the States,

and telephonemonitoring within the eavesdropping only apply of Puerto Rico and U.S. territories, Commonwealth

tional Do you believe that the constituapplv elsewhere overseas. of the abroad who citizens are of U.S. military part safeguards complex stop at the water's edge? A^Hiyshould they only apply here

in the United States ? raise a very complicated You Mr. CooKE. legal questionas to the outside the ITnited States,the constitutional safeguards apply way As and its territories and possessions. Commonwealth, the district,
vou

might
of

well

know,

in response

to

recent

couit

case, the

ment Depart-

Justice has supplied about a 100-page memorandum ings, in the discussed at one of your previoushearis of law. This case we others and the Secretary of Defense of the suit against regarding to supply activitiesin Germany. I Avill be very pleased certain alleged memorandum of Justice's of the at least the pertinent Department part of law. I think that might be helpful for the record, INIr. Mr. Phillips. of surveillance the current I have in mind Chairman. investigation in West Germany U.S. personnel and eavesdroppingactivitiesof some who organizeda support group for Senator INIcGovern during the if you v\'ould supply for would also appreciate 1972 campaign. We ment, statethe record a statement, if it is not included in your earlier legal
as

to the

policyof

the

Department
copy for your

toward

engaging personnel

in such activities. ]\Ir.Cooke. I will

supplya

record.

283

Department of the Army v. Berlin Democratic Cluh is in the subcommittee files.] ]NIr.Phillips. Of course, 3'ou are aAvare of Senatoi- Ervin's investigation of domestic surveillance here in the United States over ians civil? Mr.

[Tliebrief

of

Cooke. I have had tlie privilege of appearing before Senator earlier this year. Mr. Phillips. That is why I am about to ask this question because I know you are very familiar with it. Can you tell us if bugging and used in that operationby military ligence inteltelephonemonitoring were units against civilians ? jNIr. CooKE. Mr. Phillips, Senator Ervin's activities relate to difficulties out of situations we all found ourselves in the mid- or arising late-1960"s. As a matter of fact, DOD directive 5200.27 expressly our forbids such practices in except very narrowly detined circumstances there where is an actual threat to personnel I will be glad or pro])erty. to furnish the statement I gave to Senator Ervin. We liave undertaken in in control that the least of not gTeat improvements area, many Avhich is the addition of the very explicit directives. The investigat policy
Ervin

agenciesarc
level of the

now

under

the

Under

Secretary

have at the DOD We level a Defense that I happen to chair, with the Under Secretaries whose business it is to announce and to insure these insjiections carried are inspections out. As Senator Ervin himself recognizes, there has been a marked I am imi:)rovement,

partment militarydemilitarydepartment. Review Investigative Council,

at

control

the

of the

using the Senator's words, with

respect
are

to these

problems since he initiated the

Mr. Phillips.

hearings.
glad
am

all very We are in the and I first place, happened

so.

to hear

that. We

sorry

it

sure

you

are, too, at least I

hope

have had the GSA w^e people tell us they Ijelievetelephonemonitoring of their people is not really necessary. dicating inWe have in our filea letter from the Social Security Administration

Mr. MooRHEAD, Mr. Stettner.

Mr. Mr.

Stettner ?

Cooke,

that and calls We

at the

direction

of the

Secretaryof Health, Education,

Welfare, is being terminated. a week

have information from

their

monitoringof

approximately250,000 telephone

on

Revenue Service that approximate ing week are subject to their monitorsystem. We do not have data from the Veterans' Administration the volume of calls subject but we know that approxito monitoring, mately the Internal calls a 500,000telephone

60 locations are doing this. have done, would of what GSA and SSA light you explainwhy there is the continued need for your two agenciesto continue this In

practice?
Mr. Mr, jMACDOisrALD. Which
two

agencies?
"

Stettner, Treasury and Veterans' Administration, Mr, Macdonald, I am Continued need sorry. Mr. Stettner. To continue with the widespread payers monitoring of taxand
veterans

Six. ]Macdonald,
in response

agonized over

call to your two departments? let me I Well, suppose that there are say first Mr, Alexander also that we said so eloquently to what these problems and have agonized more since this com"

of annuitants'

284 and its hearings and that has mittee lias started its questionnaires and administrative monitormg practices caused us to reevahiate our ment the result has been quitestartling. We agonizein the criminal enforcearea,

but

we

are

not

at

present embarrassed
activitiesthat
we

over

the

monitoring
area.

and

and wiretapping policies

administer in that

there are two points, I think,that might be In the IKS situation, considered. One is the employee and the other is the taxpayer. I hope have reduced the matter that as far as the employee is concerned, we it of the much If had reduce to one consent. we as as money, you can that everybody probablymonitor all the calls and assure got be certain that Then there the advice. could we wasexactly right that he was because the employee would know consent being monitored is times. This much of that result all achieve to at as trying program
we

could

as

we

can

at
as

lesser cost. I believe, and taxpayer is concerned, the I think this is a

never

As

far The

the

that interest, legitimate

taxi)ayer in most

cases

gives his.

his name, it is my understanding, name. only time he usually gives if I am he is asking for a form of some and correct me wrong, is when that the service agent cannot kind or he is asking and a question answeitherefore,he says, 'T have got to call you back. I have got to go back
because your questionis too complicated' talk to my supervisor answer.-' for me to feel about it,that sui)ervisor that the way I suppose has just we the same the original service agent does. They are as responsibility both involved with the taxpayers calling in,whether one is listening or and
two
are

listening, they are

both

part

of the

same

Whileorganization.

I agree that you could argue the other wa}-, nevertheless,it seems to that the benefits from tryingto assure tion service in a situaaccurate us where the

law, as

everyone

here

knows,

is extremelycomplex,outweighs

individual's particular any is call. It a judgment rights. Mr. Stettxer. theI am certain there would be less objection on if the taxpayer knew all this and had the part of the subcommittee his own view. optionof expressing
Mr. have like to indicate from the veterans westandpoint, attention. It represents the best solution a situation that needs that we know of at this time. We have as you pointout almost GO locations where handle our exclusive of the medical veterans we benefits, 29 million veterans. We We have some facility hospitalization. provideBuDD.
to
our

])ossible infringement of that

I would

veterans

so capability anybody telei)hone

can

reach

us

at

Government
all at this
to be
sure

cost,we

have

WATS

The sole jiurpose of the Veterans"" is to make certain that the veteran and his dependents Administration do of better service. We not know a get quality way to do this. As you can ployees imagine,this is a massive operationwith lots of emand there is turnover. do our best to train employees toWe select employees, with employees there are but we also know carefully in and deficiencies this always some lapse type of employment therehas to be a way themselves for managei's and supervisors to assure that everybody is doing tlie job properlyand find out M-hat our nesses weakbe perfect, but we aim for it. We will ne\'er are. can certainly The sole ])urpose the Veterans' Administration has is to try to improve the service
we

pointso our veterans can they get qualityservice.

lines in all States, practically, not call in. Once they call in we have

render.

286
that the IRS

receives in its taxpayer

fact tliat

explains the
aronnd

which I think partially service, their supervisorymonitoring they sprinkle

where ity uniformI do believe if there is any area and, of course. citizens that cerfor all our tainly has got to be obtained and a quality is one of them, in advice on the payment of their taxes. these are 500,000 calls per week that are subject As Mr. Stettner said, Mr.

to

monitoring.That is not Stettner. Right,but Mv. Macdonald. Anyone

that the number of them one any of which

are

monitored.

might be. might be,correct.

for the Treasury Departif it is necessary I wonder IMr. Cornish. ment that but it I doubt this a nd continue the is, IRS to practice, or all at have would you if you find it to be necessary to^ any objection the cover of the tax form which is sent out to taxpayers to list on that were to be ^alled, whether the numbers you could also caution
" "

the taxpayer that his call may he knows? That is an Mr. Macdonald.
on

be monitored

for these purposes

so

that that

idea worth
you like

I considering.

will pass

to Mr.

Alexander.

Would

;Mr. Cornish. if

Yes, Mr. Chairman,

a response I think tliat would

from

him?
be

appropriate

desired. so [A letter submitted

for the record follows

Department
Internal

:]
of the

Treasury, Service, Revenue

Washington,
Hon. William S. Moorhead.

B.C., July 3, 1971

and

Subcommittee House Foreign Operations on Chairman, B.C. of Representatives, Washington, Information, House
Dear Mr. Moorhead: to tlrat I

Government

a.sked Maodonald Assistant Secretary David Treasury House tlie committee Sub1974 of to June 13, on hearings relating you Information. lie Government and Specitie;'!lly, Foreiern Operations on include tion a notaCorni.sli's suggestion tliat tax packages asked tliat I reply to Mr. formation random that the service a sample of tax inmonitor, for quality purposes, telephone calls. in complete this suggestion I have with my staff, and are we discussed ment agreebe so noted for the next filing asked that each tax package with it. I have

respond

period.
views further our to express on some opportunity that I share concern governmental monitoring. taxpayer telephone your in activities that not engage infringe on the right of privacy of agencies should service tliat our monitoring citizen. I do feel strongly, liowever. taxpayer any it serves real benefit to our does fall into this category ; rather not as a very citizens quality of answers given to their tax inquiries. through the improved remains In a great majority pletely comof calls that the taxpayer monitored, are assister's the tax answer Only the taxpayer's question and anonymous. is heard. action be corrective incorrect is given, immediate When can an answer held with all taken. In addition, periodic (sometimes are daily) training sessions tax assisters where toring, moniOften, through covering areas discrepancies are found. liecame of an unusual supervisors can aware prolilem affecting a large of taxpayers in the area, of similar number in the event and alert all tax assisters calls. Finally, through determine if our tax assisters are can we monitoring, service in responding to telephone inquiries. providing courteous I feel that calls is a In summary, of tax information supervisory monitoring vital part of our overall service program and its ol).iective to provide taxpayer to the taxpayer. I appreciate to you to respond quality service this opportunity this most on important subject. With kind regards, I would like to take

this

service

Sincerely

yours, Donald

C. Alexander. Commissioner.

287
Mr. Mr. IMooRHEAD. Phillips. Mr. No ? Phillips ]Mr. questions,

further

Cliairman.

Mr. INIooRiiEAD. Mr. Stettner ? Mr. Stettner. No, Mr. Chairman.

How analogous question. of is this type of monitorinosupervision employees who type offices or to IKS personally provide information to citizens who come far as to as these Aren't offices? supervision VA employees subject

Mr.

GuDE.

I would

justlike

to direct

one

to the

of

is concerned ? rudeness or accuracy of information Mr. Petrie. Yes, sir. ]Many of the people that work on do so 8 hours a day. That is their job.So by monitoring,we tell on In
a

the
are

phone
able to

sample basis
walk-in

vrhether

these persons

are

accurate, are

courteous,

et cetera.

supervisorcan walk behind or mingle with the answers and overhear being given and in the same waj^ determine to what the taxpayer assister information, strictly the same by listening is saying. is perfectly Mr. Gude. The employee who is givingthis information
the
area,
a aware

that

there

is

siipervisor present

and

that the information

he

is giving might well be heard by the supervisor. Mr. Petrie. Yes. has occasion to either call the Veterans' Mr. Gude. A citizen who be making of information for lES Administration a or piece may with Government a long period of over contacts of his very rare one receives or time. If the citizen receives a rude response, a discourtesy, I tliink of Government. his constitutes this impression misinformation, I think for this said technique. there is something very important to be Government employees are interested that their part of Government
The large majorityhave a pridein received by the citizenry. of their work as Government the quality employees. In the walk-in Mr. Petrie. Yes, sir. I v\-ould like to add one point. be well
area

where

is behind, he does also listen to the supervisor on to the question which is similar to his listening question the

payer's tax-

the

phone.
Mr. Gude.
Mr. Mr. Mr. your

Thank

Moorhead. Kronfeld. Moorhead.

you, Mr. Chairman. Mr. Kronf eld ? Mr. Chairman. No questions,

Thank

you

very

much, gentlemen.We

appreciated

testimony. [Questionssubmitted to the Department of Defense, the Veterans' Administration, the Department of the Treasury and the replies thereto follow.]
Questions Question computer
1. Testimony
fob the

Department DOD's service

of

Defense toring monimanagement largely liy phone by actual listening to teleis condncted

describing
tliat

commimications

includes

tlie statement

observation

rather than methods and peg count circumstances what in progress. Under conversations ? done by actual listening to telephone conversations is only conducted by audio Service observation Answer. not available. facilities are electronic modern or computer

analysis

is such
means

service

vation obser-

when
many

the of
our

more

In

base

or

ment riuality control and manageinstallation only telephone systems In su;'li inthe facilities of supervisors' switcliboards. supervision is through

tlie

method

of

288
stallations the supervisor' board has equipment which allows a supervisor to listen to activities of the subordinate on structions inany operators switchboards. Component

prohibit the supervisor from "listening" to the conversation. The visor's superis limited to determining if calls are ously, placed promptly and courteand that the quality of the circuits is adequate. Service observation toring moniis not recorded on tape. Quei^tion 2. When (and recorded either mechanitelephone calls are monitored cally, electronically, or manually), is a "true" copy of the conversation furnished to each of the parties who has consented to the monitoring? Answer. The DOD directive does not require that transcripts or "true copies" be provided all parties involved. Of course, all involved must be informed of and to the recording; however, the dissemination of transcripts is left to the agree
action

dictates

of those

concerned.

Question 3. Isn't each party to siich a monitored (i.e., recorded) conversation with equally concerned knowing exactly what were agreements reached, arrangements
made,
Answer. etc? We agree other

that persons in recorded involved conversations involving would be concerned with important actions the exact record of the transaction. the Department has not found it necessary, However, to date, to prescribe procedures for the and dissemination of recordings. preparation Again, we have left this to the desires of the parties involved. that many cutoff devices stalled inQuestion 4. Is it safe to assume transmitter are in administrative executive or as opposed to noisy industrial-type areas, decisions
and
areas

and

command We agree
or

Answer.

in offices

centers? cutoff transmitter devices may administrative for convenience areas purposes.
that
some

and

control

have

been

stalled inour

However,

that such cutoff deprior inquiries to our components vices produced the information used were and primarily for the security of classified information to reduce leedback in noisy areas. would Question 5. In light of testimony previou.sly given the subcommittee, It not be a desirable of action for your the current, conto reassess course tinued agency need Answer. devices for We
so

many

of these that
a

devices? of
our

agree

review

needs
our

for

transmitter

cutoff with

and

lar simi-

might
we

be will

in order.

monitoring,

review As we give full consideration

policy directives

respect to

to

inserting appropriate provisions

for the acquisition and iise of these devices. is the most Question 6. What use or cording common application of those telephone redevices that are into the circuits, and not wired not equipped with are heepers ? in conjunction with phones teleAnswer. Tliose recording devices (offline) used in accordance with the provisions of our directive DOD 4640.1, are used radio and television service under Forces primarily by the Armed provisions of carrier tariffs. The of such offline telephone telephone common large number of for by tlie inclusion devices not equipped with beepers is accounted recording recorders. These used in accordance inventories of investigative recorders our are memorandum with the General's provisions of 18 F.R.C. 2.5-11, the Attorney of October directive Ifi.1072. and our DOD 5200.24. is the special need at the National Question 7. What Security Agency for the is not tlie type of Alston INIodel .370/389 service observing equipment, since NSA be telephoning, seeking of citizens would Government ofBce that large numbers information of IRS, is the case on a as relatively limited subject matter area,

VA.

and

SSA?

in The Alston 370/389 service observation was purchased equipment of conducting communications 1973 for tlie sole purpose management monitoring the provisions of DOD directive 4640.1, "telephone monitoring." under at the FA A flight control centers and the Coast Guard Question 8. Telephones into devices with audible and have search centers recording signals wired rescue of emergency the record munications. comtelephone circuits, to provide an luicontroverted In contrast, at the Army's telephones Operations Military Police also which to record Desks, are equipped telephone coimtrywide, emergency audible not are conversations, warning signals, notifying required to include for this Army callers-in of the is the rationale policy and recording. What .Answer.

practice?
We not aware that all of the switching systems and telephones were Guard Searcli " Rescue Centers which Coast Centers and Flight Control with were had beeper devices. However, provided with monitoring equipment of recorders on telephones, military police operations center respect to the use Answer. FAA at

289
signals or beepers inhibits the reporting it is suspicious activities. To our knowledge, standard switchboard practice tliroughout the country for police, fire,and rescue with recorders not to be equipped beepers. We do provide printed and other public be notice of tlie fact that our operational telephones in police stations may
we

have

fouud
or

that

the

use

of

audible
of

of

crimes

other

indications

monitored.

Administration Response Specific Veterans' to Questions Government Information Subcommittee Operations and House Representatives Government ON of Operations,

From
of the

the

Foreign

Committee

exact are 1. Where transcripts of a telephone conversation made, in conducting ment), of participants official business, with the agreement prepared state(p. 2 of your is your what policy and your practice with respect to furnishing a copy transcript to the other party? versation policy does not require furnishing a transcript of the conResponse : Agency it is this agency's such to the other a transcript is desired party. When request. practice to provide a copy upon this his conversation recorded, does otlier party objects to having 2. If the of the make the

transaction

of business

impossible?

is possible even of business though the other party Response : No. transaction this a recorded. might well cause his conversation However, objects to having in service to veterans. delay in providing an appropriate response of recording/transcript compromise any 3. In what respect does that absence in transacting its business? Administration legal rights of the Veterans' of a recording/ in which the absence of instances not aware are Response : We

transcript compromised
its business.

the

legal rights of the

was

Veterans" last

Administration

in transacting

4. Does of
an

this

exact

frequently ? When occur in court transcript resulted

See
answer

the

decision

such suit lost, where against the Government?

absence

Response
5. Could to

to

question 3.

be subject at hospital centers received by veterans monitoring? over "pay station' usually completed Patient telephone calls are Response: calls are official telephone staff. When access exclude by VA telephones which (PBX) telephone system, exchange through the hospital's private branch completed it is not agency However, it is technically possible for calls to be monitored. pohcy to permit the monitoring of patient calls. calls be such to call their physicians or attorneys, might 6. "ifveterans were
the

telephone

calls

monitored?

Response by VA.
the 7. What

No, any

personal

calls

placed by

veteran

would

not

be

monitored

for expanding have Administration plan does the Veterans' tors), call-direcof automatic of telephones (through use monitoring not yet so equipiJed? matic Regional Offices/Centers are equipped with autoResponse : Currently 12 VA ACD's) Call Distributors or Automatic as (technically known call-directors It is anticipated that assistance. and veterans' requests for information to handle service Monitoring to veterans. will be installed to improve ACD's 18 additional presently to continue as is expected (service observing for training purposes) ACD's have operational Two VA Hospitals and defined in agency practices. policy be installed ACD's Additional may for scheduling outpatient clinic appointments. of incoming volume the public when Offices/Center locations at VA Regional current of its scope at locations

monitored. 8. How large a VA is installed? Response : Automatic

at VA

operation

must

exist before

automatic

call-director
for

ment equip-

call distributor
per month. It is

equipment
when the that

is authorized
volume ACD
more

installation

Regional
reaches at

Offices/Center locations
schedule

calls

20.000

expected

hospitals/clinics that
three
elected of his

100.000
centers

or

public incoming stalled will be inequipment outpatient visits per

of

year.

9. Of
the VA

the has

agencies
not

with

teleservice

(IRS,
with the the

VA.

and

SSA)

to have

supervisors
Please

discuss

individual behind

only employee
such
a

the quality decision.

performance.

explain

rationale

290
the VA is incorrect. For training purposes, foregoing statement the quality the individual with employee supervisors discuss to those the highest possible quality of service to maintain of his performance who telephone the VA for information, advice and assistance. his observations discuss does not 10. Since the supervisor doing the monitoring to does how the practice contribute views with observed, the employee or rendered the quality of service by that or upgrading training of an individual

Response

The

has

elected

to

have

individual.

Response
11. When of

See
do

answer

you

think

devices subcommittee? will be forwarded Response : It is expected that the results of our latest survey to your office by September 15, 1974. of all parto be an 12. There inconsistency of policy in that agreement ties appears record used to make of a recorder is needed for connection when a verbatim and of a verbatim record whereas secretarial monitoring (in whole or in making Please explain that part) needs only notification to all parties to the conversation. does in fact exist. difference, if a difference
such to the

question 0. for those dreds hunstudy of need and justification your made and available the results in the field will be completed
to that

from two appreciate the apparent inconsistency you drew Response : We paraat the June witness Administration 13, graphs of the testimony of the Veterans' such 1074 hearing before the committee. no inconsistency exists since However, consistenc inthe same in the two The mentioned. situations apparent policy is followed from the choice of language versation employed. If a recording of a conarose is to be made if a secretary or other verbatim is to make a or person of part or all of a conversation, record the participants are advised of this fact of the conversation. If a party objects to either ing at the beginning type of recordof the conversation, the recording or by a secretary) Is (whether by machine While and not made the parties to the conversation informed. we so are nize recogin the case that of a secretarial not reminded transcript, the parties are automatic if a given that feel sure tone periodically by an warning device, we to the conversation not to party questions the agency participant's agreement make terminate the telephone conversaa secretarial tion. transcript, he or she would

Response
Budd
:

to

Mr.

M.

Stettner's

June

20, 1974, telephone

request

to

:\rr. P.

J.

During
incoming
at VA made.

the 12 month March 1974. 13.7.50.984 period, April 1. 1973, through received Division telephone calls were Services personnel by Veterans Regional Oflaces/Centers. Of this number were 22,118 service observations Treasury Department

1. What coil devices with 263 induction is there any (not wired in) how that conversatious being recorded both are only when parties agree? Answer. An of the Treasury examination 28. Department's report of November 1973. to the stibcommittee reveals coil devices that the 263 induction described Insurance therein in
are

Question

for

use

by the
criminal
are

law

enforcement

components
in which

of

the

Treasury
consensual

ment Departmoni-

conducting
June of

investigations
necessary.

one-party

torings
In
our

of conversations consensual

before the subcommittee, 13. 1974. testimony stated that 1,076 we enforcement occurred monitoring by Treasury agents of induction 1973. The coil devices of is one during calendar method use year this investigative technique. accomplishing As I testified and of my Mr. McP"rien l\Ir. Kronfeld of the subcommittee's office advised as criminal staff, consensual is a longstanding monitoring investigative conversation is monitored with and technique in which the prior knowledge a

instances

consent for of and A other

of

law

enforcement consent of of the informant and

knowledge

and

corroboration

other the but without agent, informant or person criminal is used monitoring suspect. Consensual and corroboration allegations, for preservation to to be
or an serve as

incriminating
undercover
consensual device

conversations

best the

evidence,

to of

protect informants
raids of
on

agents,
monitoring
on

coordinate accomplished

timing

criminal
or or or

operations.
can

through
a on

iise

transmitting
agent

recording

the

person

premises
agent
means

of

consentins
an an

undercover extension

using

or person, recorder

it may with

involve
a

listening in
of

phone

telephone (by

induction

coil device)

while

291
a

consenting informant
This

or

other

individual

is one

of the

parties to the

conver-

.'"ation. standards

important law enforcement investigative technique is carried out under and procedures promulgated by our Treasury enforcement components and the Justice Department. to the statutory requireThese, of course, conform ments of 18 U.S.C. " 2.j11 (2) (c) and the decisions of the U.S. Supreme Court in United Statefs v. White, 401 U.S. 74."j 0971) v. United States, :i~Z U.S. ; Lopez 427 (VjCi'i) On Lee v. United v. United Stuteis,3.D5 U.S. 107 (l'.)Tu ; liathhun ) ; and States, ?AZ U.S. 747 (10.j2). in our November 1973 report are not Consequently, the 263 devices- described to be ased with of all parties. We believe the consent intended that the internal the integrity of our and Treasurj- enforcement procedures of our bureaus nel personthe best assurances are have that this law enforcement we technique and the it are that to accomplish should al.so note not used equipment improperly. We the 1061 version of administrative circular No. 41 and the December vised 1.3,1073, resubmitted trative to the committee, are we version, which applicable to adminisforcement Telephone conversations only and not to those involving criminal law eninvestigations. with .Tune 13 testimony As law the materials .submitted our indicate, our coil devices. enforcement now bureaus report an inventory of 361 induction than the acas .S600.000 was Question 2. More quisition rer"orted to the subcommittee cost of recorders, senice bugging observing devices, and nontelephone the peculiar neefls of the Treasury What ("exceeded only l)y DODj. are equipment it use of this tyi"e of equipment? dictate that much so which Department of the $00(^).fXX) Answer. A breakdown figure reportwl to the .snil"committee in .'service Xoveml"er 1973, reflects that .5120,000 of the total is for rental of taxpayer IRS through which telephone monitoring equipment taxi"ayer servic-e program to monitorerl time time, to by supervisors in order representatives are. from a.ssistance tax seek and assure completeness courtesy to citizens who accuracy, service from the Internal Revenue was explaine"l Service. The program taxpayer .Tune 13 testimony, in Commissioner Alexander's in detail July 3 during our to questions 3-11 herein. letter, and in the answers of enforcement The to the law ?4M).0"^K) is attributed components remaining and Firearms, U.S. Customs four Treasury bureaus of Alcohol, Tobacco : Bureau aware, Service, and U.S. Secret Service. As you are Service, Internal Revenue 5, 1973, questhe cost figures involved tionnaire respond to question No. 7 of the October from the General Accounting Office : of the total cost of these estimate fa) furnish the best available Please attachments, and recorders (bj telephone service observing devices, (c) nontelephonic bugging devices. bureaus' The enforcement therefore, include .simple devices Csuch a.s respon.ses. and the expensive and sophisticated body induction coils), all tape recorders, for noncon-sensual consensual u.sed for many monitoring and equipment recorders which used principally are electronic surveillance. Tape recorders court-ordered cluded incould be u.sed for monitoring, were for nonmonitoring functions, but which for an estimated $80,000 of most bureaus and accounted in the estimates
of the $600,000 figure. four is divided major of monitoring equipment The .S400.000 worth among alx^ut .50 r'ercent of the Federal Federal law enforcement carry agencies which the hundreds involved is spread among load. The law enforcement work equipment the TreasTiry Departwhich ment the Unite"l States from of oflficesthroughout duties. r"erforms its law enforc-ement through the Secret Service, has the As we testified,the Treasury Department, tant responsibility for protecting the President, the Vice President, and other impor-

against physical violence. The Secret Serv ice alsr" is the vehicle Treasiiry is charged with protecting the integrity and confidence counterfeiting and forgery of (Uyvaraof the Nation's by siippre.=-sing currency Nation's the is requirefl to enforc-e checks. ment Tlirough the IRS, Treasury filers of nonfilers and fraudulent that to assure revenue raising laws, in order Service the Customs and discovered prosecuted. Through income tax returns are
functioriaries
which

through

and and

the

Alcohol. Tobacco illegal dealers and

these in

and

Firearms

Bureau,
are

handlers

of firearms

sinugt'lers. illicit still oyK"rators. brought to justice by Treasury

enforcement With

personnel. in law responsibilities

highly
Does
nec-essary

Question 3.
stantive

notations

vestment small inenforc-ement, "400.000 is a very equipment. appropriate investigative s-u^^make the IRS employee working at the teleservice center IRS with of conversations coming in, perhaps in connection and

292
interest
Answer. calls because in the We do

subject
not

matter

areas

on

which

callers

most

frequently raise
on

questions?
make
is

except
a

when call back

are

some

notation

notations of conversations substantive about is made the nature Most

of

the

incomiug inquiry

however,
answer

there

occasions

necessary. where

questions

do

not is

extensive

research

the question. This is not limited to procedure walk-in is rea call back applicable to both telephone and quired, inquiries. When it is necessary the taxpayer's to note the question in detail and to obtain and phone number name or address. also have the of both We a procedure whereby subject matter telephonewalk-in the and inquiries is categorized to determine type of questions most of categories are frequently asked. Examples filing requirements, exemptions, is collected basis with district within at least one on a sample refunds, etc. Data of the seven each selected note only regions participating each week. Employees the category of the questions asked, of the taxijayer. not the name where the question cannot Question 4- Aren't there circumstances immediately to call back and it is necessary for an to convey be answered, IRS employee is

require a call back ; required to completely telephone iuqiiiries.L-ut

information?
Answer.

Tes,
nor

as

mentioned to hold

in
a

answer

3, there
on

are

feasible

desirable

taxpayer

the

when instances it is neither line or in the office while research

is performed caller has on a a complex question. Additionally, when the to a post-filing problem, it may be necessary to research questions relative tax return the taxpayer's question or give si)ecific prior to attempting to answer call back write the taxjjayer. advice. In these cases, the employee would other or be expected the name and to record he not then Question 5. Would telephone of the incoming caller and when the question was number researched, he would
return

the call?

Answer.

Yes,
return

as

number

of the

the

the employee explained above, when caller and incoming call.

would the

note

the

name was

and

phone tele-

question

researched,

he would

for associating an individual's that then be a means name Question 6. Would with a specific tax matter or problem? for call back Answer. only notes the taxpayer's name Xo, the employee poses. purcall to the taxpayer and the satisfaction of his question, Upon the return the documents relating to the call are destroyed. center operations, to Question 7. Is it not possible, at your telephone service that all inquiries relating to a particular subject be transferred issue instructions to a single monitoring position for disposition? It is possible through the to transfer Answer. of telephone equipment use areas incoming calls to a single answering i)osition and in certain complex very and Estate Pension Trust the such and Gift Tax. recent as questions about do utilize stations. sinceStabilization we special referral However, program, handle broad of questions, and in many such instances we a taxpayers range several between several have not lie questions that can subjects, it would range practical to set up a system by subject matter. this not then the frequently referred to "control" overcome Question 8. Would of incoming imposed telephone calls through automatic by random assignment call distributor equipment? Answer. call distributor No, the purpose of the automatic is to automatically the in distribute incoming taxpayers' calls to an.swer positions in the order which call distributor has fer transthey are received. Additionally, the automatic and/or technical As capabilities among employees' supervisors backup. mentioned with above, the caller will first discuss his problem the generalist. If the the technical he question is not within capabilities of the employee, then she should refer the caller to the specialist who or is more technically proficient and can the specificquestion. answer it necessary the regular service was Question 9. Why recently to supplement of "planted" or "test" monitoring practices by the introduction questions called into the teleservice centers hf Treasurv employee's? '"fc^f Answer. of '"pl.-^nted" or The qne-;tions 1?; not a recent pra^-tice.but use has been in use for several This is one method of determinins tlie practice years. the of our of our effectiveness and and training courtesy accuracy responses tool in measuring While find the test nuestions courses. are a useful accuracy we thev find th^t do not measure and we courtesy of responses, up to the real life tositnntions the test questions are only used presented by taxpayers. Thus, supplement the regular monitoring practices.