PROPOSED BILL ON ELECTRONIC SURVEILLANCE

Created: 3/10/1976

OCR scan of the original document, errors are possible

FOR:

Honorable Edward H. Levi Attorney General

Honorable John O. Marsh, Jr. Counselor to the President

SUBJECT:

Bush Director

Proposed Bill on Electronic Surveillance

...

have reviewed carefully the Attorney General's draft memorandum to the Presidentave also reviewed the proposed memorandum from the Secretary of State to the President commenting on this proposed legislation. My principal concern is that there be no unnecessary dimunition of collection of important foreign intelligence through the type of capabilities which would be covered by the proposed legislation. With this inoncur fully with the position of the Secretary of State which recommends two adjustments to the proposed bill.

Certain communications common carriers are no longer willing to undertake electronic surveillance based on present circumstances.

This, of course, seriously affects the capabilities of the Intelligence Community to collect foreign intelligence. an understand that appropriate legislation may be necessary in order to obtain the assistance of the common carriers in the future.

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proposed addition to the Justice bill contained in Tab Amemorandum from the Secretary of State would empower theto approve the conduct of electronic surveillance for the purposeforeign intelligence if the target isnited States citizen orlawfully admitted for permanent residence.gree withit would appear that with respect to certain communicationswe will be unable to obtain their assistanceourt order.

he second point raised by the memorandum of the Secretary of State concerns the modification of the definition of foreign intelligence information to change the standard from "deemed essential. the conduct of the foreign affairs of the United Slates."gree with the Department of State suggestion that the standard should behich is of substantial importance to the conduct of the foreign affairs of the United States.0

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My views, as stated above, are in the interest of the fullest possible collection of foreign intelligence to meet the needs of the White House and other policymakers in the Government, rather than the legislative feasibility of the goals we have addressed.

Original document.

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