AMENDMENT TO THE COMMUNICATIONS ACT OF 1934, I.D.-184

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000070047-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: November 16, 2000
• Sequence Number: 47
• Publication Date: May 7, 1948
• Content Type: MEMO

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*OGC Has Reviewed*
7 hay 1948
SM,10-RA vDTO,li FOR: Meeting of USCICC Sub-Corirtittee on Intelli
fence and Security
Subject Amendment to the Communications Act of 1934,
I.D.-184
References : a. Special report of the Sub-Corrrmittee,
dated 23 April 1948, with three proposed
drafts.
b. Letter of 29 April 1948 from the Chair-
man, USCICC to Sub-Committee, with fourth
draft
1. Subject to discussion of the points involved, CIA
maintains a preference for its draft of the proposal to amend
the Cortrnmuzications Act on the following grounds :
a, The version of I.D?.-104, as in' the Bureau
of the Budget on 21 April 1948, is felt to be objection-
able in the following respects:
(1) It does not clearly relieve the cor-mrmuni-
cations carriers of time prohibitions in Section 605
so as to protect them in the surrender of cornsrunica-
tions information to the agencies involved,
(2) In so far as it is unlimited in scope
and permits interception, areceipt, or utilization
of interstate and intrastate communications, it is
felt ;hat it would meet opposition in Congress.
(3) In so far as it could be construed to
authorize wire tapping and the use of information
thus obtained as evidence in criminal prosecutions,
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it is felt that it iwuld meet opposition in Congress,
and, if tested, might be held unconstitutional by the
courts.
(It is acknowledged that this drar't, if passed, would achieve
the result desired by CIA.)
b. Revised-version of I.D.-184, under considera-
tion by the Secretary of Defense as of 21 April 1948.
(1) CIA objects to the specific association
of "communications intelligence activities" with
this exception to the Communications Act and the in-
clusion of a definition of "connnunications intelligence4".
CIA is compelled to object to any version that clearly
25X1A identifies "cor munications intelligence".
C, Vea'sion of I.n.-184 sup;ested by CIA on
21 -i?Lpril 1948, as amended 6 'ay 1948.
(1) It is Celt t hha.t this draft ~- ould authorize
acquisition of the information desired and provide
protection for the carriers.
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Now
(2) Inasmuch as it is limited to procure?dent
of foreign intelligence information, it is believed
that it would be less objectionable to Congress than
a broader authority.
()
inasmuch as it prohibits the use of
information so received for use in criminal prosecu-
tions, it is felt that it would not be subject to a
charge in Congress of authorizing wire tapping to
trap criminals and would stand up under any foresee-
able court tests.
(4) It is based upon general intelligence
needs which are presently of recognized importance
in Congress and does not point specifically t
communications intelligence and thereby raise that
subject for possible debate.
d. Draft submitted with letter of 28 April 1948
from the Chief, Communications Research.
(1) Conventions which are ratified by two-
thirds of the Senate are regarded as equivalent to
treaties which are on an equal plane in the eyes of
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Alk src~r
the law with Federal statutes. Congress may legislate
in contravention of a treaty provision, and the courts
will non:lally be bound by such legislation. s"A Federal
Circuit Judge has stated that treaties stand upon no
hi Cher plane than statutes of the United States (U.S.
vs. Siem, 299 1'ed. 582, CCA 9th, 1924). A District
Court has stated that unless it unmistakably appears
that a Congressional act was intended to be in disregard
of a principle of international comity, the presumption
is that it was intended to be in conformity with it.
Consequently, it is at least arguable that the rights
reserved in Article 32 of the Convention could be
exercised without further legislation, inasmuch as
Section 605 does not specifically bind the sovereign
in its prohibition. Incidentally, Article 29 of the
Convention strengthens this position, as members
therein reserve the right to stop the transmission of
any private telegram which may appear dangerous to the
security of the state or contrary to their laws, with
notification to the sender of such stoppage except
when such notification may appear dangerous to the
security of the state. This appears clearly to imply
a right by the sovereign to inspect and, if necessary
to the national security, to censor communications.
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Since need for legislation to clarify these points
has not been demonstrated in the past, it ,might be
difficult to justify on that basis now. it is felt
preferable to base the amendment on foreign intelligence
requirements
(2) rore important in our opinion, such
conventions are subject to change and may be denounced
at any time by parties signatory thereto, in which
case, presumably, legislation depending on such a
Convention would fall to the extent that the Conven-
tion was so changed or denounced.
(3) it is felt that the draft is too broad
in including interstate communications, particularly
as there is no direct relationship between inter-
state communications and the International Tele-
communications Convention.
(4) The right to be exercised under the
Convention includes the right to communicate corres-
pondence to the competent authorities, in order to
insure the application of internal laws. To amend
Section 605 to authorize the exercise of this right,
points directly to the use of information thus ob-
tained in criminal prosecutions. This raises again
a possible question of constitutionality.
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