UNAUTHORIZED PUBLICATION OR USE OF COMMUNICATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800110059-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 9, 2016
• Document Release Date: August 27, 2001
• Sequence Number: 59
• Content Type: SS

Approved For Release 200 : CIA-RDP77M00144R000800110059-1
OR ii ^t iu COMMUNICATION Ch. 5
terminations, shall have the same force and effect as though made by
the Commission under this chapter.
(d) The provisions of this chapter shall not affect suits com-
menced prior to the date of the organization of the Commission; and
all such suits shall be continued, proceedings therein had, appeals
therein taken and judgments therein rendered, in the same manner
and with the same effect as if this chapter had not been passed. No
suit, action, or other proceeding lawfully commenced by or against
any agency or officer of the l; nited States, in relation to the discharge
of official duties, shall abate by reason of any transfer of authority,
power, and duties from such agency or officer to the Commission un-
der the provisions of this chapter, but the court, upon motion or sup-
plemental petition filed at any time within twelve months after such
transfer, showing the necessity for a survival of such suit, action,
or other proceeding to obtain a settlement of the questions involved,
may allow the same to be maintained by or against the Commission.
June 19, 1934, c. 652, Title VI, ? 604, 48 Stat. 1103.
Ch. 5 MISCELLANEOUS PROVISIONS 47 ? 605
of another not entitled thereto: Provided, That this section shall not
apply to the receiving, divulging, publishing, or utilizing the-con-
tents of any radio communication broadcast, or transmitted by am-
ateurs or others for the use of the general public, or relating to ships
in distress. June 19, 1934, c. 652, Title VI, ? 605, 48 Stat. 1103.
Admissibility of evidence 45-19
Federal proceedings 48
Hearsay 46
State proceedings
Transcripts 47
Authorization and consent
Both participants 33
Burden of proof
Generally 41
Review 63
Common carrier employees, interception
by 15
Communications protected 10
Concealed mike and receiver, intercep-
tion by 16
Constitutionality
Construction 3
605. Unauthorized publication or use of communications
No person receiving or assisting in receiving, or transmitting, or
assisting in transmitting, any interstate or foreign communication
by wire or radio shah divulge or publish the existence, contents, sub-
stance, purport, effect, or meaning thereof, except through author-
ized channels of transmission or reception, to any person other than
the addressee, his agent, or attorney, or to a person employed or au-
thorized to forward such communication to its destination, or to
proper accounting or distributing officers of the various communi-
cating centers over which the communication may be passed, or to
the master of a ship under whom he is serving, or in response to a
subpena issued by a court of competent jurisdiction, or on demand of
other lawful authority; and no person not being authorized by the
sender shall intercept any communication and divulge or publish the
existence, contents, substance, purport, effect, or meaning of such
intercepted communication to any person; and no person not being
entitled thereto shall receive or assist in receiving any interstate or
foreign communication by wire or radio and use the same or any in-
formation therein contained for his own benefit or for the benefit
of another not entitled thereto; and no person having received such
intercepted communication or having become acquainted with the
contents, substance, purport, effect, or meaning of the same or any
part thereof, knowing that such information was so obtained, shall
divulge or publish tree existence, contents, substance, purport effect
Corroboration 43
Damages 56
Demand of other lawful
Derivative evidence 44
Detectapbone, interception by 17
Dismissal of indictnment, motion
District of Columbia 6
Duty of court 39
Elements of offenses 13
Evidence
Corroboration
Derivative 44
Rule of 42
Suppression 55
Federal proceedings, admissibility 48
Findings by trial court, review 62
For the benefit of another 34
Government, application to 36
Harmless error 64
Hearsay 4G
Immunity 31
Independent sources
Indictment 40
Information not divulged-27
Injunction 57, 58
State court proceedings 58
Interception within section 1:-23
Common carrier employees 15
Concealed mike and receiver 10
Detectaphono 117
Radio communication 18
Recording machine 19
Spike mike 20
Switchboard monitoring 21
Knowingly 26
La'^ governing 5
Motions 53-55
Dismissal of indictment
Return of property 554
Suppression of evidence
Nature of privacy protected
Orders of state courts 59
Participants, authorization and consent of
both 33
Personal privilege 30
Persons prohibited 35
Prejudicial error G5
Proceedings within section 38
Property, return of 54
Purpose 4
Radio communication as interception 18
Recording machine, interception by 19
Refreshing memory or recollection of wit-
nesses 52
Res judicata 60
Return of property 54
Review 61-63
Burden of proof 63
findings by trial court
Rule of evidence 42
Searches and seizures 2
Sender 29
Spike mitre, interception by 20
State court proceedings, injunction
State laws ,
State police power S
State proceedings, admissibility 49
Sufficiency of evidence 50
Suppression of evidence 55
Switchboard monitoring as interception
21
Telephone extensions
Interception by 32
Wire tapping by m5
Telephone systems, interception by 23
Transcripts, admissibility 47
Unintended addressee, Interception by
11'iilfully and knowingly 26
Wire tapping
Generally 24
Telephone extensions 25
51, 52
er meaning of the same or an art then "nesse
Y part +o l[iro a l?1 1 001/08/30 :CIA-F1080011005 1-'~Refres lag memory or recollection of
.information therein contained for his own benefit or for the benefit UVninten lcu addressee 11< witnesses 52
371