MORI DocID 1451843 1 I _ - a- - _________________ Jupy a Z 29 ' J l l Ui t Y MEMORANDUM E ORi Acting Chief Di' ision D -· • - - 19 3 i I l I I Intercept of Communications in the U S REFERENCE Z6 J an 73 Memo for GC £r AC Division D Sa me Subject l In referent you request our vie vs as to the legal aspects o f a radio telephone intercept activity carried on at our co m ications site j j 2 • The basic law is cont2 ined in section 605 of thb Communications Act of 1934 47 U S C 605 which prohibits intet- coption of any -radio communication without the authorization of the sender and also prohibits divulging the substance thereof to any person Chapter ll9 of Title 18 U S C • • makes · the interception of any wire or oral communication a crime punishable by $10 000 or fi ·e yea rs' imprisonment or both There a re two exceptions to these prohibitions · • a The first provides for 2 pplication th1 -ough the Department of iustice to a Federal court for a court order autbo -izing such interception for speei c purposes in co nneci ion with law-enforcement cutie J Since this Agency is prohibited by sta te 'from any police or la V-enforcement activities obvi usly we ·· ' ' ccinnot operate· undei this xception · · · · • • • - • t • • b The other exception is contained in ncction 2511 of Title 18 u s c Guhscction 3 This proyid s that the prohibit 101 cited abot•c on intc rceptio a shall not at t 00538 MORI DocID 1451843 li t thf comititutiona power o th Prt sic cnl to fake such measures as he d cms nt ccssa-ry to p1·otc ct c gnilJst atmck to obtain foreign intclligpn information deemed essential to tbe sccurit ' o the United Sf l tes or to protect such information and to protect tf1e United States against _ overthrow b · force o r 0th er ur la vful m ns or against any 1 · ' • -• - -odier clear and priis t daliger' to·in •structu re or fster c·e· of the Gove1·nment 3 ' 'h e type of information you describe in your memorandc n oee not appear to fall within any of hese categories and since its ultimate desti natio is BNDD it appears to be collection for lawenforcement purposes which as noted a bo Pe js barred to this Age ncy by statut · 4 For your information in most cases where there is a criminal pros cution for violation of the narcotics lz vs t '1-ie Depa rtmcnt of justice queries us as to whethei v e have engaged in any interception in connection with the defendants r£ a case should involve the interception being made ould be deemed to be unauthorized and in an pto umq me p Jsecuti on would have to be dropped by the Go vernment It is our view therefore that such interception should be carried on by appropriate law-enforcernent agencies in accox-d2 nce with e authority of chapter ll9 Title 18 U S C I p t of 1 LAWRENCE R HOUSXON General Cquns el Dis tributi on Copy ·l -Addressee Copy z Gener a l Couns·e1 - - _ ·· ' 00SJ9