COMMENTS ON THE DOD/DOJ DRAFT RESTRICTIONS EXECUTIVE ORDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800110033-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: August 27, 2001
• Sequence Number: 33
• Publication Date: February 5, 1976
• Content Type: MF

^ UNCLASSIFIED ^ INTERNAL
USE ONLY
^ CONFIDENTIAL ^ SECRET
Approved For Rele4WQMJ/3A A MOg Q00800110033-9
John F. Blake
DDA
TO: (Officer designation, room number, and
building)
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
;the latest version of our
comments relating to the
Executive Order . for` discus=
lion at this..~morning.'s
meeting
3-621 610 USEDTIONS WO-ld F Q ase N IDENTIAL 11 USE ONLY UNCLASSIFIED
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CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
MEMORANDUM FOR: Honorable John 0. Marsh, Jr.
Counsellor to the President
SUBJECT: Comments on the DOD/DOJ Draft Restrictions
Executive Order
The following comments relate to the 4 February 1976
version of the Department of Defense and Department of
Justice draft Restrictions Executive Order, with the comments
grouped as applicable to, first, matters of. substance or
policy and, second, matters of language or style. The
reasons for suggested changes are noted:
Substance or Policy
Page 1, Preamble
Change the last sentence of the first paragraph
to read ". . in a manner that preserves and
respects our Constitutional concepts of privacy
and civil liberties."
This change in wording focuses on the domestic
concern that foreign intelligence agencies not
infringe upon Constitutional rights of United
States persons rather than reflecting a more
general concern for "established concepts."
Page 3, Section I: Definitions
(h) Add the underlined words to the definition of
"United States persons" ". or other organiza-
tions incorporated or organized in the United
States except those controlled by foreign powers."
? The qualifying phrase precludes a foreign
power from cloaking its activities in the United
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States and abroad with immunity simply by creating
United States corporations as.cover for the
conduct of such activities.
Page 3, Section III: Restrictions on Collection
(a) Change the phrase " . . such surveillance is in
accordance with law . . ." to . such surveil-
lance is not inconsistent with United States law . .
? "In accordance with law" erroneously connotes
that laws exist permitting and governing surveillance
activities. In addition, United States law is
specified in the changed wording since the intent
is not to violate United States law--as distinguished
from a foreign country's law that may necessarily
be violated to accomplish a mission. (This change
to specify United States law is suggested in several
following paragraphs for similar reasons.)
Page 4, Section III (a)
(3) Add the underlined phrase: " . . wha.is reasonably
believed to be acting on behalf of a foreign power,
or who is reasonably believed to be involved in
international terrorist or narcotics activities,
or who is reasonably suspected of engaging in
activities threatening the national security.
Since persons involved in terrorism and
narcotics are not necessarily acting on behalf
of a foreign power or threatening the national
security, surveillance of them outside the United
States would be precluded without the underlined
phrase.
Page 4, Section III(b)
Change the wording of this paragraph to read (new
phraseology is underlined):
(b) Electronic surveillance involving a communi-
cation which is made by a United States person or
which is known to be intended for reception by
a United States person, or directed against United
States persons abroad except if such surveillance
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is not in violation of United States law and is
under procedures approved by the Attorney General;
provided that under no circumstances shall the
Central Intelligence Agency engage in electronic
surveillance within the United States;"
? The current wording 11. . . involving a
communication which is made from or is intended
by the sender to be received in the United
States " would deny to the United States
Government the intercept of foreign government
communications to or from the United States. In
addition, the term "in accordance with law" was
revised to "not in violation of United States
law" for reasons noted under Section III(a) above.
Page 4, Section III
(c) Add the underlined words ". . except in
accordance with United States law and . .
? Since the paragraph is applicable to United
States persons abroad, it should be clear-that
the reference is to United States and not foreign
law.
Page 6, Section III(h)
Add the underlined category of persons to those
United States persons on whom information may be
collected:
"(2) Information concerning potential employees or
persons who are . . ."
? This addition will permit security investi-
gations on applicants for employment.
Page 6, (i)
(The additional restriction recommended for inclusion
by Mike Duval's memorandum of 4 February 1976)
Change the first sentence to add, the underlined
words and delete the cross hatched words:
"(i) Solicitation within the United States from
United States persons of non-publicly available
information concerning the capabilities, intentions
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or activities of A.y'i/ foreign powers, yS7F/? / pig/}4~4/
organizations or their agents,
whether within or outside the United States, or
concerning areas outside the United States, without
disclosing to such United States person . . ."
The above changes to this paragraph are
necessary to permit continued acquisition of publicly
available information and to protect the intelligence
nature of certain security investigations.
Page 8, Section VII, Assignment of Personnel
Change the first sentence to read (new wording
underlined): "foreign intelligence agency personnel
may"not be. detailed elsewhere within the federal
government except as consistent
with United States law.
Since there is no general statute authorizing
details among government agencies (even though
such details are considered lawful), this Executive
Order should not appear to require statutory
authority. Detail of personnel by and to"intelli-
gence agencies is considered essential.
Language or Style
Page 6, Section III(h)
(3) Change to the underlined word as indicated: ". . . or
from 760X~At.A~/ cooperating foreign sources . . ."
Change suggested since in the strict sense
voluntary connotes "unpaid."
Page 6, Section III(h)
(4) Change to the underlined word: ". . . information
incidentally gathered ~XOjkXyig indicating involvement
in activities . . ."
? The word "indicating" in this context appears
more precise. .
Page 6, Section III(h)
(5) Add the underlined word ". . , required by United
States law . . ."
4
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Although "United States" is understood, the
addition is suggested for consistency.
Section IV, Restrictions on Dissemination
(a) Change to the underlined words . gathered by the
disseminating agency in the course of
carrying out its authorized mission."
? This change is to make clear that incidentally
acquired information may be disseminated.
Page 7, Section V, Restrictions on Testing and
Experimentation
(a) Change to the underlined words . for intel-
ligence purposes,
not inconsistent with United States law and under
procedures . . . 11
This change is to avoid the connotation
that a specific law is required for testing
purposes.-
I shall continue to be available to consult further
on this draft Order at your convenience.
George Bush
Director
5
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