PROCEDURES TO IMPLEMENT EO 12036 ATTORNEY GENERAL FUNDAMENTALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100080015-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 19, 2016
• Document Release Date: December 21, 2006
• Sequence Number: 15
• Publication Date: May 31, 1978
• Content Type: MF

Approved For Release 2006/12/28: CIA-RDP87B01034R000100080015-0
3 ' MAY 1978
MEMORANDUM FOR: Acting Chief, Policy and Plans Group
FROM:
Deputy Director of Security
Personnel Security and Investigations
SUBJECT: Procedures to Implement EO 12036
Attorney General Fundamentals
1. Reference is made to your request for a review of
the attached draft procedures implementing sections 2-202
through 2-205 of Executive Order 12036 and which also
defines terms used throughout the Order.
2. The procedures, requiring Attorney General approval,
under which electronic surveillance (2-202), use of tele-
vision cameras and other monitoring (2-203), physical searches
(2-204), and mail surveillance (2-205) are conducted are
ones with which we can live. It is felt, however, that the
definition of "agent of a foreign power" is overly restrictive.
As it reads, information coming to our attention that an
employee was passing unclassified Agency information to the
benefit of a foreign power--without evidence that the person
was taking direction from the foreign power--would appear to
bar the issuance of a judicial warrant for any of the pro-
cedures (electronic surveillance, physical search).
3. Some problems may arise later with the proposed
definition of "dissemination" depending on how implementing
procedures for section 2-208 are written. This section
requires the consent of the individual or conformance with
yet to be established procedures approved by the Attorney
General under section 2-201 before Agency security infor-
mation can be released to another government agency or "non-
intelligence" component of the Agency. When the time comes,
careful attention will have to be paid to ensure that we
have a legal basis for passing information to other internal
offices and government agencies through either written or
implied consent.
Attachment
STAT
STAT
Approved For Release 2006/12/28: CIA-RDP87B01034R000100080015-0