LETTER TO THE HONORABLE CASPER W. WEINBERGER FROM WILLIAM J. CASEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP01M00147R000100100009-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 16
• Document Creation Date: December 22, 2016
• Document Release Date: September 9, 2011
• Sequence Number: 9
• Publication Date: January 18, 1985
• Content Type: LETTER

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EXECUTIVE SECRETARIAT
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THE SECRETARY OF DEFENSE
4 MAR 1985
Honorable William J. Casey
Director of Central Intelligence
Washington, D.C. 20505
Thank you for your letter of January 18 requesting adequate
representation on the National Telecommunications and Information
Systems Security Committee (NTISSC) and its subcommittee to help
you fulfill your responsibilities.
In accordance with the NTISSC Governing Procedures, the
NTISSC considered your request at its meeting on February 15.
Mr. Don Latham, Chairman of the NTISSC, has informed me that the
NTISSC is pleased to invite you to provide a representative to
the NTISSC from the Intelligence Community staff, participating
initially as an observer. I understand both the Defense Intel-
ligence Agency and Central Intelligence Agency members on the
NTISSC supported this position. I suggest that you try this
arrangement for a time to assess its responsiveness to your
needs. Please have your staff designate our NTISSC and
subcommittee observers to the Executive STAT
Secretary for the NTISSC STAT
system) or SIAI
I appreciate your interest in broadening the representation
of the NTISSC and your support in enhancing the security of our
telecommunications and automated information systems under
NSDD 145.
Sincerely,
. /
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EXECUTIVE SECRETARIAT
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NTISSC OFFICE OF THE EXECUTIVE SECRETARY
NAT NAL
TWICOWNIPWAMOM
NWwormAn InTe n NTISSC 6-/1
comwrru 18 January 1985
MEMORANDUM TO THE MEMBERS OF THE NATIONAL TELECOMMUNICATIONS AND
INFORMATION SYSTEMS SECURITY COMMITTEE
SUBJECT: Draft National Telecommunications and Information
Systems Security Instruction (NTISSI) No. 4000,
"Guidelines for the Conduct of Communications Security
(COMSEC) Monitoring Activities"
1. Enclosed is draft NTISSI No. 4000, subject as above. It
replaces National COMSEC Instruction No. 4000A, same subject,
dated 9 February 1984, and has been prepared in accordance with
the provisions of National Security Decision Directive No. 145,
National Policy on Telecommunications and Automated Information
Systems Security, dated 17 September 1984.
2. Request you review the Enclosure and provide comments to
3. Following receipt of comments, the draft NTISSI will be
forwarded to the Attorney General. Upon Attorney General
approval, the NTISSI will be issued by the National Manager.
Executive Secretary
Encl:
a/s
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cSTAT
STAT
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GUIDELINES FOR THE CONDUCT OF
COMMUNICATIONS SECURITY (COMSEC) MONITORING ACTIVITIES
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NTISSI No. 4000
Date:
FOREWORD
1. National Telecommunications and Information Systems
Security Instruction (NTISSI) No. 4000, Guidelines for the Conduct
of COMSEC Monitoring Activities, establishes policy and guidelines
for conducting COMSEC monitoring operations. It replaces National
COMSEC Instruction No. 4000A, 'Guidelines for the Conduct of COMSEC
Monitoring Activities," dated 9 February 1984.
2. The heads of federal departments and agencies are
responsible for developing procedures to implement NTISSI No. 4000
within their respective organizations. Additional copies of NTISSI
No. 4000 may be obtained from the National Telecommunications and
Information Systems Security Committee Executive Secretariat,
National Security Agency, ATTN: S08.
LINCOLN D. FAURER
National Manager
for
Telecommunications and Automated
Information Systems Security
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1. REFERENCES.
a. Communications Act of 1934, Public Law No. 73-416
(as amended).
b. Omnibus Crime Control and Safe Streets Act of 1968,
Public Law No. 90-351 (as amended).
c. Foreign Intelligence Surveillance Act of 1978,
Public Law No. 95-511.
d. Executive Order 12333, "United States Intelligence
Activities," dated 4 December 1981.
e. National Security Decision Directive Number 145,
"National Policy on Telecommunications and Automated Information
Systems Security," dated 17 September 1984.
2. INTRODUCTION. The basic purpose of COMSEC monitoring
is to provide unique material, not readily available through
other sources, to evaluate the status of U.S. COMSEC. The
information collected through the COMSEC monitoring program is
similar to the information potentially available to foreign
powers through their own signals intelligence (SIGINT)
collection. Hypothetical projections of the vulnerability of
telecommunications, procedures, equipment, and systems, based on
technical analysis and modeling, do not always provide a
comprehensive data base for analysis. COMSEC monitoring is,
therefore, used to provide the empirical data necessary to
conduct comprehensive analyses of these vulnerabilities and
afford a basis for correcting them.
3. PURPOSE AND SCOPE.
a. This Instruction provides policy and guidance for
the establishment of COMSEC monitoring procedures consistent
with law, Executive Orders, and applicable Presidential
Directives.1
b. This Instruction is applicable to all federal
government departments and agencies engaged in or using the
results of COMSEC monitoring. It has been approved by the
Attorney General.
1Although there are no federal statutes specifically addressing
COMSEC monitoring, References a., b., and c. will have an impact
upon any COMSEC monitoring guidelines and procedures.
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NTISSI No. 4000
c. Technical surveillance countermeasures, electronic
sweeps, surveillance of noncommunications emissions (e.g.,
radar), and TEMPEST testing are not within the scope of this
Instruction.
4. DEFINITIONS.
a. COMSEC. Protective measures taken to deny
unauthorized persons information derived from telecommunications
of the U.S. Government related to national security and to
ensure the authenticity of such communications. Such protection
results from the application of security measures (including
cryptosecurity, transmission security, and emissions security)
to telecommunications systems generating, handling, processing,
or using classified or sensitive but unclassified information.
It also includes the application of physical security measures
to COMSEC information or materials.
b. COMSEC Monitoring. The act of listening to,
copying, or recording transmissions of one's own official
telecommunications to provide material for analysis in order to
determine the degree of security being provided to those
transmissions.
c. Contents. When used with respect to a
communication, it includes any information concerning the
identity of the parties to such communication or the existence
or meaning of that communication.
d. Electronic Surveillance. The acquisition of a
nonpublic communication by electronic means without the consent
of a person who is a party to an electronic communication, but
not including the use of radio direction-finding equipment
solely to determine the location of a transmitter.
e. Private Communication. A communication in which
the parties thereto, in the absence of their consent to be
monitored for COMSEC purposes, have a reasonable expectation of
privacy.
f. Telecommunications. The preparation and
transmission of information by electrical, electromagnetic,
electromechanical, or electro-optical means.
g. Telecommunications System. The devices used to
transmit and/or receive communications or process
telecommunications, including the preparation of information,
therefor; the devices may be electrical, electromagnetic,
electromechanical, or electro-optical.
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NTISSI No. 4000
h. Government Telecommunications. Telecommunications
of any employee, o icer, contractor, or other entity of the
U.S. Government which concern an official purpose of government
and which are transmitted over a telecommunications system owned
or leased by the U.S. Government or a government contractor.
(See Telecommunications and Telecommunications System, above.)
5. POLICY.
a. The government will conduct COMSEC monitoring
activities only as necessary to determine the degree of security
provided to government telecommunications and aid in countering
their vulnerability. Such activities shall be conducted in
strict compliance with law, Executive Orders, applicable
Presidential Directives, and this Instruction.
b. Government telecommunications systems are subject
to COMSEC monitoring by duly authorized government entities.
The use of such systems by any person shall be construed to
imply consent to the monitoring for COMSEC purposes of
communications carried over them.2 Users of these systems must
be properly notified in advance, in accordance with the
guidelines in subparagraph 6.e., below, that their use of these
systems constitutes consent to monitoring for COMSEC purposes.
The government shall not monitor telecommunications systems
which are owned or leased by government contractors for their
own use without first obtaining the express written approval of
the chief executive officer of the contractor organization (or
his designee) and the written opinion of the general counsel of
the department or agency which is conducting the monitoring that
procedures, such as those contained in subparagraph 6.e., below,
have been implemented sufficiently to afford adequate notice to
the contractor organization's employees.
c. The government shall not monitor for COMSEC
purposes the contents of any telecommunication when such
monitoring would constitute electronic surveillance.
d. In accordance with procedures approved by the
Attorney General, information acquired incidentally from
government telecommunications during the course of authorized
COMSEC monitoring which relates directly to a significant crime
will be referred to the military commander or law enforcement
agency having appropriate jurisdiction. When taking such
2 Consent to COMSEC monitoring is required of only one party
to a conversation or transmission.
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NTISSI No. 4000
action, the general counsel of the department or agency which is
conducting the COMSEC monitoring shall be notified promptly.
The results of COMSEC monitoring may not be used in a criminal
prosecution without prior consultation with the general counsel
of the department or agency which performed the monitoring.
e. The results of COMSEC monitoring shall not be used
to produce foreign intelligence or counterintelligence, as
defined in Reference d. However,-the results of COMSEC
monitoring of U.S. and Allied military exercise communications
may be used for exercise intelligence purposes under procedures
prescribed in applicable directives.
f. No department or agency may monitor the
telecommunications of another department or agency for COMSEC
purposes without the express prior written approval of a
responsible official of the department or agency to be
monitored, except as provided for in subparagraph 8.b.(2).
g. It is recognized that COMSEC monitoring operations
conducted in a crowded telecommunications environment may result
in the temporary acquisition of private communications. COMSEC
monitoring shall be conducted in accordance with operational
procedures which minimize the possibility that the contents of
such telecommunications will be acquired. Such procedures shall
be consistent with the guidelines contained herein and shall be
endorsed by the general counsel of the department or agency
issuing the procedures.
6. GUIDELINES FOR THE CONDUCT OF COMSEC MONITORING.
a. COMSEC monitoring may be undertaken for the
following reasons appropriate to the purpose described in
paragraph 2., above:
(1) To collect operational signals needed to
measure the degree of security being achieved by U.S. codes,
cryptographic equipment and devices, COMSEC techniques, and
related materials.
(2) To provide a basis from which to assess the
types and value of information subject to loss through intercept
and exploitation of government telecommunications.
(3) To provide an empirical basis for improving
the security of government telecommunications against SIGINT
exploitation.
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(4) To assist in determining the effectiveness of
Electronic Countermeasures/Electronic Counter-Countermeasures
(ECM/ECCM) and cover and deception measures.
(5) To identify government telecommunication
signals that exhibit unique external signal parameters, signal
structures, modulation schemes, radio fingerprints, etc., that
could provide SIGINT elements of foreign powers the capability
to identify specific targets for subsequent geopositioning and
exploitation purposes.
(6) To provide empirical data to train users of
government telecommunications systems in proper COMSEC
techniques and measures.
(7) To evaluate the effectiveness of COMSEC
education and training programs.
(8) To train personnel and to test the capability
of COMSEC monitoring equipment.
b. The following categories of telecommunications are
not considered private for purposes of this Instruction.
Accordingly, acquisition of the contents of any communications
in these categories which may occur in the course of locating or
examining government telecommunications is not electronic
surveillance.
(1) Radio or television broadcast communications,
whether commercial, public, or educational, intended for the
information or entertainment of the general public.
(2) Public safety, citizens band, amateur radio,
and similar radio systems licensed by the government for public
use or access.
(3) Any communications in portions of the electro-
magnetic spectrum which are allocated by the government for its
own use.
c. No incidentally acquired private communication may
be monitored beyond the point where a determination can
reasonably be made that it is private. A record of the
acquisition may be kept for signal identification and avoidance
purposes; such a record may describe the signal parameters
(frequency, modulation, type, and timing) but may not identify
the contents of the communication.
d. Contents of any private communication may not be
deliberately acquired as part of a procedure for locating,
identifying, or monitoring a government communication.
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e. Notice of the existence of COMSEC monitoring in
conformance with subparagraph 5.b., above, can be accomplished
by any of the following means or any combination thereof which
the legal counsel of the affected department or agency considers
legally sufficient to achieve proper notification in terms of
content, prominence, and specificity.
devices.
(1)
Decals placed on the transmitting or receiving
medium.
(2)
A notice in the daily bulletin or similar
(3)
A specific memorandum to users.
(4) A statement on the cover of the official
telephone book or communications directory.
(5) A statement in the standing operating
procedures, communications-electronics operating instructions,
or similar documents.
7. CONTROL OF MONITORING RECORDS AND EQUIPMENT.
a. All reports, logs, and material produced in the
course of COMSEC monitoring will be afforded protection
commensurate with the classification of the information and the
sensitivity of the monitored activity. Reports or material
produced from COMSEC monitoring which identify security
weaknesses of the monitored activity will be classified at least
CONFIDENTIAL and downgraded to UNCLASSIFIED when security
weaknesses are corrected.
b. Interim and final reports may be disseminated only
to the extent necessary for COMSEC purposes except as provided
for in subparagraph 5.d., above. These reports shall not
contain any information extraneous to COMSEC purposes or names
of individuals or sufficient data to identify the source except
in an official capacity; e.g., the radio operator on watch."
Dissemination controls should be expressly stated on each
report.
c. All COMSEC monitoring recordings and written
records, logs, and notes shall be destroyed as soon as
operationally feasible.
d. Except as provided for in subparagraph 5.d., above,
no information extraneous to COMSEC purposes will be recorded,
reported, noted, logged, or filed. If within the capabilities
of COMSEC monitoring equipment, any such information that is
inadvertently acquired shall be expunged upon recognition. All
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monitoring records shall be reviewed for identification and
expungement of extraneous information within a reasonable time
after they are created.
e. Access to and dissemination of COMSEC monitoring
recordings or written records, reports, logs, and notes shall be
limited to that which is necessary for COMSEC purposes. No
access to, or dissemination of, such materials beyond COMSEC
operational elements shall be allowed until such material is
reviewed to determine that it contains no information extraneous
to COMSEC purposes.
f. COMSEC monitoring equipment shall be safeguarded to
prevent unauthorized access and use.
8. RESPONSIBILITIES.
a. Heads of departments and agencies shall:
(1) Provide for and conduct COMSEC monitoring
operations as they deem appropriate, subject to the provisions
of law, Executive Orders, applicable Presidential Directives,
and this Instruction.
(2) Develop procedures for the conduct of COMSEC
monitoring, consistent with the policy and guidelines herein, in
collaboration with the Director, NSA. Such procedures shall be
approved by the Attorney General.
(3) Notify, as specified in subparagraph 6.e., all
personnel and contractors who are present on facilities of the
department or agency of the policy in subparagraph 5.b., above.
(4) Certify annually to the Attorney General that
all personnel and contractors have been informed of the
provisions of this Instruction and any individual procedures
developed in accordance with subparagraph 8.a.(2), above.
b. The Director, NSA, shall:
(1) Advise and assist other departments and
agencies in establishing their operating procedures to implement
this Instruction.
(2) Conduct COMSEC monitoring of government
telecommunications as necessary to discharge his responsi-
bilities under National Security Decision Directive Number 145,
provided that no monitoring shall be performed without first
providing timely notification of such monitoring to the heads of
the departments or agencies to be monitored.
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c. The Attorney General shall report annually to the
Director, NSA those departments and agencies which have
forwarded certification required by subparagraph 8.a.(3), above.
DISTRIBUTION:
NSA SPECIAL DISTRIBUTION
NSC
ASD(C31) (2)
DUSD(P) (ATTN: DIR CI&SP
and DIR C2 POLICY) (2)
OJCS (C31) (2)
CSA (DAMI-CIC) (5)
CNO (3)
CMC (CCT) (5)
CSAF (XOK) (5)
HQ SPACECOM (KR) (2)
CINCLANT (J6) (2)
CINCMAC (DC) (2)
CINCPAC (C3S) (2)
CINCSAC (DC) (2)
USCINCEUR (C3S) (2)
USCINCRED (RCC4S) (2)
USCINCSO (J6) (2)
USCINCCENT (CCJ6) (2)
COMUSFCARIB (J6) (2)
COMUSJAPAN (J6) (2)
COMUSKOREA (J6) (2)
DIR TRI-TAC (TT-SC) (2)
DIR TRI-TAC JTE (TT/TE-C)
CDR USAINSCOM,
(IAOPS-OP-P) (15)
COMNAVSECGRU (G-61) (15)
COMNAVTELCOM (Code 1243) (5)
DCMS (T30) (3)
CGMCDEC (DEVCEN C3) (2)
AFCSC (EPPP)
DCA (Code B315) (20)
DIA (RCM-4)
DIS (V0410) (5)
DLA (DLA-TI) (2)
DNA (LECD) (2)
Dept. of Agriculture
(MSD/FAS) (2)
Dept. of Commerce (I&S) (2)
Dept. of Energy (CSTM) (2)
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Dept. of Health & Human
Svcs (IG) (2)
Dept. of Interior (AMO) (2)
Dept. of Justice (SPS JMD) (2)
Dept. of State (ASC) (2)
Dept. of Transportation
(Security Staff, M-441) (2)
Dept. of Treasury (ADTM) (10)
cIA (OC-CSD) (2)
AA (ACS300) (2)
FCC (Code 22800) (2)
FBI (TSD) (2)
FEMA (RMIR-IM-TW-CS) (7)
GSA (Code KJS) (2)
NASA (NIS-5) (2)
NCS (AO) (2)
NRC (DS 286-SS) (2)
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