BIG BROTHER IS LISTENING

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP75-00149R000600040034-8
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RIPPUB
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K
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4
Document Creation Date: 
November 11, 2016
Document Release Date: 
December 15, 1998
Sequence Number: 
34
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Publication Date: 
June 6, 1964
Content Type: 
MAGAZINE
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Sanitized - Approved For Release : CIA-RDP7 SATUIRD,kY EVENING POST, JUN 6 1964 FOIAb3b BIG BROTHER IS LISTENING The Government's nasty, nervous habit of spying on itself with telephone taps and hidden microphones has encouraged a nationwide invasion of privacy. CPYRGHT By BEN H. BAGDIKIAN The parties in this particular charade. or it may be a macien rtkroplioife Lrk. urd Building were closed, two Kara vLci,na, a ~~~?????, artment in 1953 had risen mental eavesdropping is directed against D ep ' the State working men let themselves into Room r the tnn security evaluation lobs espionage and crime, of course, but a one o hi ngton. " phone. They were Clarence J. Schneider, i in vvab _ I ,, der suspicion. His superiors believed convenience and' gamesmanship, either din h g _ , e was t. State Department electronics expert. that t. ...:I- co.,~t.mm~,ittee. in order to avoid one. Working under orders of John F. Reilly, to a tt.,sut? --- - So Reilly had These days, consequently, if you to e- Reilly boss hi . , s Deputy Assistant Secretary of State for embarrass hone fixed to catch him in the phone a Washington official of more than k ' s p a Otep Security, the men changed some wires, H _i- had Otenka's wastebaskets middling importance-or if he calls you- e in the office of Otto F. Otepka, Deputy auu - ?-?- - Director of the Office of Security, doubled; Reilly says he lost interest in the phone almost as high that every important word ,.at,._ 4 .-I .., - the wastehaket a you utter is being taken down in short- as a microphone, relaying everything tar ItIL I ,ttt..,..b "?- which was said in the office, whether or piece of carbon paper with the impression hand. And while lower, the odds are _e , e ....,...t:,,.,.. ,,,h;el, ntenka had al- still sienificant that your entire conversa- eavesdroppers recorded 12 separate, t., don 1w ?ny. - time these two men-Otepka ing on one another that it has almost A. th e for g _ On July 9, four months later, Hill was, and Rvuty-ee -V--.- nut under oath by the Senate Internal I judgment on the loyalty, securi.tyTand n at recently told. flhav ngrd scove diplo- . d a you know of any single instance in which and Reilly later "amp;inca- ineir acmais ;Foreign office chamber at home; he im- the [State] Department has ever listened of eavesdropping by giving the facts ?,_ _ ~.. mediately called his security men for .,,. d from an Hill answered, "1 cannot recall such an Department. Otepka, charged with pass- "for our Russian friends." A short time instance." ing privileged documents without author- later, an American who works for the On August 6, Reilly was put under ity, carries on in a sort of limbo, narking American military in Washington made in or ordered the bugging or tapping or hearing on his dismissal. and found a stranger in the process of private conversations in the office of an brave new world of white-collar eaves- tools draped around his waist and said employee of the State Department?" dropping in the United States Govern- he was a telephone man checking phones. In sight of Capitol, private investigator - merely of a silent secretary's taking clown a microphone was being planted. Asked, ur words while you speak to her boss, non6 e e said, Allen Cre"t go*W&M'For Release : CIA-RDP75-0491R6Vdb ~t1nu d CPYRGHT. 2 'nil, suppo s o - ,.one of our Russian friends"? The American thought about that for a mo- been," he admitted, "but I'm told our' An expert holds a small microphone that can be hidden behind a telephone mouthpiece. spooks do it so often, I just naturally assumed it was one of ours." Electronic snooping is not confined to Government, of course. Thanks to mod- ern science, privacy is becoming more and more rare all over the world. Even a child can send away for a $15 device that picks up sounds in a room across the street. For $17.95 you can buy a machine that secretly tapes telephone conversations without touching a wire. And $150 buys a TV camera the size of a book that can spy on a room secretly while you watch on a distant monitor. Using these and other modern methods, American business has turned increas- ingly to espionage in recent years. But government has a special responsi- bility to keep its snooping under tight control. As Justice Louis Brandeis said in 1928, "Our Government is the potent, omnipresent teacher. For good or ill, it teaches the whole people by its example." .Moreover, Government has the power to, use-or misuse-secret information against the citizens it is supposed to be serving. Big Brother compiles dossiers and wears a police badge. In addition, some eavesdropping is not only unethical but also illegal. Section 605 of the federal Communications Act says, "No person not being authorized by the sender shall intercept any com- munication and divulge or publish the existence" of a wire or radio message. But in vast areas everyone pretends that the law does not exist. The chief reason is that the Government itself breaks the law so often that it is loath to make an issue of free-enterprise lawbreaking. Un- authorized wire tapping and phone re- cordings by federal, state and local law- enforcement officials, sometimes for such unofficial purposes as extortion and blackmail, have been proved many times, but in the last 20 years not one govern- ment person has been prosecuted under Section 605. Not all government eavesdropping has a sinister purpose, to be sure. The listen- ing secretary can jot down dates and details, can lay a file before the boss as he talks about it, can later follow through on the discussed arrangements without being told. The mechanical recording can be filed for legitimate future reference. Moreover, in espionage and crime, the telephone is often an instrument of con- spiracy; under appropriate safeguards, listening in is a proper counter-weapon. And sometimes the government em- ployee may simply be protecting himself. Officials are in constant danger of being accused of succumbing to improper in- fluence, and it is understandable that they would want a record of any given conversation. But abuses are both easy and common, and little thought has gone into their control. As a result, eavesdropping on phone calls (the polite word is "monitor- ing") has become so widespread that the scope of the problem can only be guessed at. There are more than 200,000 individ- ual government telephones in the Wash- ington area, most of them extensions on which a third party can listen. There are about 14,000 federal secretaries and 6,700 stenographers available to listen and take notes. They can do this simply by lifting an extension, but many have special attachments that permit listening in without clicks, background noises or noticeable loss of volume. Known tech nically. as- "transmitter cutoffs," they are referred to in the trade as "snooper buttons." In 1962 there were 5,317 snooper buttons on official Washington phones, most of them in important offices. In 1961, for example, Abraham Ribi- coff, then Secretary of Health, Education and Welfare, received a letter from Rep. John E. Moss, the California Democrat whose mission is investigating secrecy in government. Moss asked Ribicoff whether he permitted the 5,000 HEW telephones in Washington to be used for "monitor- ing," and Ribicoff asked his executive assistant, Jon O. Newman, to check. Newman noticed that along executive corridors dozens of secretaries were con- stantly at their desks, motionless, tele- phone to ear, not talking. He discovered that they were "monitoring" with the help of snooper buttons. In fact, he dis- covered that his own secretary used one. There turned out to be 274 buttons in HEW at an annual rental of about $1,500. Ribicoff ordered all snooper buttons re- moved, and further directed that "moni- toring" was permissible only with prior notice to the other side. His rules are still the exception in government. Big Brother's snooping is not, of course, restricted to telephone "monitor- ing." There is also the hidden micro- phone, a device used widely in offices where men and women are interviewed. In times past, a microphone was of the carbon type-large, inefficient, with tell- tale wires that led to a live listener, usually in some cramped place nearby.. Today's microphones are small as but- tons, and some are self-contained minia- ture broadcasting stations capable of transmitting to a radio receiver blocks away. They can be dropped in an office wastebasket, made part of a man's tie clasp or even put inside a woman's girdle. Some segments of official Wash- ington are so microphone-conscious that their meetings strike visitors as rituals of lunacy. A newcomer to the Pentagon's high-powered military rivalries, for ex- ample, described with wonderment a conference of one branch's top brass making plans to fight the appropriation of a sister military service. Sanitized - Approved For Release : CIA-RDP75-00149R000600040034-8 JUN 61964 3 "When we g ,1 the ~rux o the tans " miniature German wire recor ers anG into a recorder. Many government o - he said, "We : 411 -ci pp vedrED]rRele t3) CAAoR?P7540149R( 06dd?04004 $nse the room, away from walls and tele- had used tax money to buy them. It is James Forrestal, used this as a routine phones, and spoke in low voices while typical that he found his own committee office aid, a simple administrative con- one officer kept rattling the table. They staff had three of them. It was untypical venience. said it would interfere with any bugs." that he admitted it. Today the practice has grown to the (In the vocabulary of eavesdropping, a Most government eavesdroppers take extent that there is a widespread assump- "bug " is a hidden microphone; a "tap". the same attitude toward snooping that tion in government that "someone" is is a secret interception of a phone' call.) Victorians took toward sex: deny its always listening. Whenever their tele- There is, it turns out, a body of folk-. existence if you can, and if you can't, phone line makes a click, some call, lore on how to frustrate Big Brother. refuse to talk about it. In 1961, when "Yoo-hoo, Edgar!" in a left-handed salute Some people rap the telephone with a + Congressman Moss asked government to J, Edgar Hoover. And a number of pencil as they talk. Others run water, agencies if they ever used listening-in or people echo the complaint of Sidney pound a table, or keep a radio or TV .set recording devices on telephones, Byron Zagri, a Teamsters Union legislative turned on. Whether these tactics work White, then the Deputy Attorney General, counsel who told a senatorial committee depends on how good the eavesdropper replied, "The Federal Bureau of Investi- that when he is in Washington he has to is and how hard he is willing to work to gation advises that it does not utilize the keep shifting to public pay stations to extract the message. Rapping the phone devices referred to in your letter." That prevent all his business with Congress- doesn't help much. Running water is same year Assistant Attorney General men from being overheard. (Mr. Zagri moderately good, but a determined Herbert A Miller Jr. told a Senate com- will be pained to learn that law-enforce- snooper can filter out most of the sound. mittee that on a random day the FBI had ment agents tap more public phones than electronically. Banging a table may jar 85 wiretaps in operation. private phones.) In governmental tele- a bug. But the most sophisticated war- riors keep a radio or television set turned on loud while they speak softly and con- tinually face in different directions (which used in the department to monitor tele- dialogues are often couched in such terms is the reason well-bugged hotel rooms phone conversa(ions." It further pointed as: "I heard from our nervous friend, and and offices have at least four hidden out that a departmental directive requires we're going to meet at the usual place microphones). all recording of conversations to be done; where I'll pick up the paper he wants our The most strategic sessions in govern- only with advance notice to the other man to deliver." meat are held in rooms that have been party. This directive was in force during Once people believe that Big Brother "swept that is, scanned by metal and the Otepka episode. is on the line it makes little difference radio detectors. And the really crucial Such conflicting answers are common. whether he really is or not-a point illus- conferences are held in a "portable room" Government officials prefer not to discuss trated by an episode in Congress a few erected inside a "swept" room, These the subject at all, but most are inclined years ago. In early 1961 the Kennedy consist of four lead-like portable walls plus ceiling and floor, all latched together to make a chamber within a chamber. Furniture for the conference is usually made of glass to make concealment of years. During prohibition, for example, to ensure passage. Obviously, some Con- microphones difficult. There are no-win- eavesdropping became an important law- gressmen were promising yes and voting down, because the human voice causes enforcement (and lawbreaking) tool. no when the measures were brought to . windowpanes to vibrate, and a laser Under Hitler it became an instrument of the floor. This happened most often on beam can "read" these vibrations from terror, associated in most people's minds "teller" votes, in which Congressmen " the outside. There are offices in the State Department where the shades are always drawn.to protect against laser beams and telescopic lenses. These precautions are taken mainly to guard national secrets from foreign spies-and there is abundant evidence that enemy agents eavesdrop in every way they can. But by far the greater number of attempts to snoop involve one bureaucrat spying on another bureau- crat. The practice is so common that any time an agency begins looking for illegal eavesdropping it is in danger of bumping into itself. Last year, for example, a Congressman took over an office just vacated by a subcommittee chairman and found one telephone with no apparent purpose. By experimenting, he found that its snooper buttons let him listen secretly to any conversation by the staff of a committee in a nearby building. He had the lines removed. The late Sen. Thomas Hennings Jr. once waxed indig- nant about the Government's use of new had 802 snooper buttons, but added, conversations, too, confidential details "There are no other electronic devices are never given on the telephone. And the to regard it as a ncccssaty evil. Administration suffered several setbacks This comes close to reflecting the atti- i resentatives on votes House of Re th p n e tulle of the public as well, an attitude for which White House aides had col- which has changed significantly over the lected commitments for enough "Yesses" col- with secret police. line up in "yes" columns and "no In the United States, it started out umns and march toward the rear.of the simply as an instrument of efficiency. House, where a teller counts the number In 1938 the Army asked its switchboard of men in each line without recording operators in Washington to make record- their names. Since White House aides are ings of all long-distance calls, after first supposed to leave the chamber during the warning both speakers. The idea was to process, anonymity is preserved. preserve technical data. By 1940 the On March 24,1961, the Administration volume of calls was so heavy the record- lost by 186 to 185, a vote that it had ex- ing held up switchboard operations, and pected to win. The next day a rumor was the recording was shifted to users of .I heard in the House cloakroom that a, individual phones: At the same time, the miniature camera had been installed in warning was dropped. This kind of re- the great clock at the rear of the chain- cording was done on special machines ber-a camera capable of taking motion connected to the telephone with jacks, 1 pictures of the men as they lined up on and by 1946 the Army and Navy had teller votes. Four days later another 5,700 of them. But by this time hundreds crucial bill came up, and this time the of people had discovered "instant wire Administration got exactly the votes it tap"-a simple induction coil under the expected. And as they trooped up the telephone that turned a dictating machine Continued CPYRGHT Sanitized - Approved For Release : (IIA-RDP75-00149R000600040034-8 CPYRGHT aisle, several Congressmen were seen to smile heroically toward the clock. There was, of course, no camera; the point is that a significant number of lawmakers believed that such a tactic might actually be employed. But while the Federal Government has not gone this far, it has gone far enough. And unless Uncle Sam seriously intends to become the kind of all-seeing, all- hearing Big Brother that George Orwell wrote about, strong preventive measures must be taken-and soon. Nothing the Government can do will end all the evils of snooping, but a useful first step would be to clear up the present tangle of law and precedent on eavesdropping. Today the highest legal authorities differ on what the federal law means. Some say that tapping a phone by itself is a crime; others-say-it is criminal only when inter- cepted messages are disclosed. But even in cases where everyone agrees it is a federal crime, it is still legal in those states with laws which are contrary to the fed- eral statute. Six states permit wiretap- ping, 33 specifically prohibit it, and 11 don't have any law either way. Since 1962 there has been pending be- fore Congress it bill approved by the Department of Justice that would end some of the confusion. It would permit federal authorities under the Attorney General to wiretap with court orders in certain situations-espionage, subver- sion, murder, kidnaping; interstate rack- eteering, narcotics-and in espionage cases the court order could be skipped if the Attorney General felt that asking the court would endanger the national interest. The states would be permitted to tap only under their highest law- enforcement.official, with a court order, and only when a serious crime was in- volved-murder or kidnaping, for ex- ample. All other wiretapping, public or private, would be specifically prohibited, a crime punishable by $10,000 fine or two years in prison or both. The bill has been stalled for two years. Some legal authorities think it still per- mits too much latitude for tapping. Some law-enforcement agencies argue that it is too restricting. The controversy, ac- cording to most governmental experts, can be settled when Congress gets down to it, but in this year of even greater controversy it is not likely. In the meantime, snooping within gov- ernment itself could be considerably re- duced by an executive order from the President, setting down uniform prac- tices and principles to end the present pattern of every bureaucrat's being a law unto himself. Either way, unless firm measures are taken soon to end the Gov-. ernment's degrading habit of spying on itself, the mental attitude which the prac- tice reflects may become so firmly estab- lished that no one will be left who realizes the danger of having a Big Brother in Washington. THE END Sanitized - Approved For Release.: CIA-RDP75-00149R000600040034-8 JUN 61964