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December 22, 2016
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April 15, 2009
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October 15, 1984
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Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6 OGC/LEGL Review Completed. R Next 1 Page(s) In Document Denied Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6 (b)(3) (b)(5) FOIA STAT STAT ? ID RANKING Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6 Ch. 85 ii records to other agencies or de- cation. rtification and notice to customer. In mailing. lation reports by supervisory agen- inancial records to defend custom- ding of information. al records not identified with par- to exercise of supervisory, regula- 'unctions of financial institutions. to Internal Revenue Code. to Federal statute or rule pro- ?r. to Federal Rules of Civil or e or comparable rules of other to administrative subpena issued judge. .o legitimate law enforcement in- me, address, account number, and particular customers. to lawful proceeding, investiga- at financial institution or legal ion or administration respecting min guarantees, etc. ? issuance of subpena or court rid jury proceeding. ) proceeding, investigation, etc., .1 Accounting Office and direct- thority. - Approved For Release 200-9/04-115 : CIA-RDP90B01370R001501930089-6 ,";?-mr" ? ??? t -? s ? f g I ? ? te, ' '.*Ati?; eltt*'*"'' ? 4! ? the con% bags. out- there- 411fetko VI3y- ? 1AI- illose cue. against In- trotdd to 'h _happen - joiClinitmtary vtaildiance with ofbi,ithis addi- tional 'hurdle Is placed_ Aitlbe-wer of ? the Public's figiltviP with the prospect . I tion. - even tor -en - . 0611re. more and more -agenCy ? ? . will play It safe, and let the courts deckle. I am 'sure that this consequence of the pousiage of this logislation is unin- tended. The Mahon; of the computer crime bill surely did mit tet -out to write a blanket secrecy statute rolling , back the Freedom of Information Act; but, tinfortunately. the plain language of the bill suggests that that imprecise- ly what is before ms today. A fuller leg-" *dative history might have helped to cOrrect 'this probledit but ',the route that this bill bas trareled_bas not been conduirlve Mich ' explication. The provision that I hare -been -discussing formed proposed aeCtion 1030(aX5) of title 118,1n H.R. 96111. the Credit card treed bile to Which theetimputer crime legislation well attached hi the 'House Abeabuse -4/11dichair-Vorimintee On off Ittemsaitstives. Both the report- Of 16.1Itid -the &bide tithe other W.!, 'When it leas passed butt Jilly.'sive sermt- attention to section 1030(aX5). As I have mentioned. -neither the House nor the Senate Included these provisions -in the continuing resolu- tion. The computer crime -sections -were _added by a subcommittee of the conference committee. literally in the middle of the night lost Thursday. or the early hours of Friday morning. The full conference committee. dis- tracted by ongoing disputes over wholly unrelated portions of the con- tinuing resolution. ratified Its subcom- mittee's recommendation, and the con- ference report has now been approved by the House. Nowhere along the line has there been an opportunity -for the Senate to exandne the computer crime bill in -enough detail to iron out the problems that may be mused-by the excessively broad sweep of-this subsec- tion, to say nothing of other parts of the bill that could be improved. One could hardly hope to find -a better -.Wert lesson in -the iihortoomings of legislation by?rider. - - The probjem !of coMputer crirae is a real and :growing one, Our oh_ !Menge is biked 26 *elude thority to obtain. L. the doubt Is aril? .of the toi end ? . 3-'1. ? . r ? atilerVa.N011ing-deittitt Ciaudes to beilone. not Only to Amine mai- WPM, TtelPlalle-ka Abe "dirobleen._ learredkilbilliddlOgitbates no .tsiddribiaisidallitieldigenches The .heartnix that Bengdor :31.axeus Iathe Criodadi lawilub- commStse Ally the sett Ocapess abOilltiggvideta gotedtzsetek-. Itod-549(de Ilhoortect: baba be:. ?1911011,_.,,4!Paelr the ge 'p this ? - - ? ?: AijikAtT: 1 -understand Abet Arlene sectkunof lbe atm Maws _included Cu. the ocathiglag resolution do not contain a specifiers.' caption (or -the activities of legitimate = 11411 Jaw enfortemmit ageneles. I-ask my colleague. ? ow ID- the .manager . of tbat section. -tt this -I': ? 'Mr. RUDMAN. I am glad the Sena- tor brought up that subjeit. I my to my friend that a specific gremption was. lift 'Out .inadvertently when the conference agreements reached on"the amine _-age were reduced to writing. Any tervectiveusgeproposed next fear to -Correct this error -would Der- &Shay have SOY auPPort. ? ? luitrelor; it islhe *Jew of several-en- - Ihorities. that hafelooked .iniue that -.there alraWy -exists" more an- adequate .protection for legitimate law enforcement and intelligence activities under existing law, particularly exist- ing common law. Nothing in the crime package -is Intended in -any way to limit those existing legal protections. - ths,t :Clarificati: E - Mr. IAXALT. I,on - - litni my colleague for - - ' BENTSEN,. Mr. President, .1 would -appreciate a-point of clarifica- tion regarding the transportation sec- tion of the continuing -resolution. Under _FAA regulations, carriers are required to modify their aircraft, for landing at V.13. airports. with "hush kits" to comply with FAA poise regula- tions. These regulations require the acquisition of noise abatement devices, hush _kits, originally expected to be aVallable in time to meet the January 1985 deadline. I am concerned with two phrases In the Chiles/Hawkins -amendment to the continuing resolution which could create a loophole system for obtaining knish ldt exemptions. The longtime therein stator That an application for an exemption from -compliance with Public law 96-163-hush kits-anted "include a copy of a contract catered Into by the applicant an? known supplier." lly concern Is that the terms "cOntract"iiind "known suppli- er" are not sufficiently defined to pro- . Min the execution of bogus eimtracts ? by :some ionacrupuious terriers ;and - "paper- van" suppliers.- tor 13se9sole ? Was deliberate? Biss Vie ? Texai less regarding theme 45)Mris.4.set ricerigualn *paper .alarr rtsUpplleraf ? mosigthe Secretary of In cresting guidelines to -?tee this exemption, than arehillfiewder Joontratt arriteheaulproat ? theliggiglier,in the eel. 4140termine Whether- OM ociOartwated.*Therefterk- tlionskim Shaer ci1bO Imued, if end thisZpiskih ? has entered Into a Wood filth= g *Lb ishonalbie supplier. By locirlilide supplier. I .snein axe Who has been substantially -involved go !the 411111Als certification process for lnigh the time of enactment of. Is Ueda-- Von. -. ? .-Mr. _BETSEN. Win -the Alienator yield? - ? . CELILES.1 yield. - ;* Mr: BErrrsEN. tar. t4iskiest.1 satisfied with the explanation-1d the - senior Senator from Phat- ft Is My concern -that this issue of exemption not impact on the oompetithie and ? -free enterprise system. - - ashorinzeie nonaaATIoWl aria. Sisrineirraci711*!,Pr!' - tifillalia. :1PitilliVeit,"017# sponsors of the amendrotraje= .- continuing resolution exemptions- from thed. - ? SIMS 1V4n abd Boise Abatenient Aet ? -Interns- . tional operations at MiiiMiand Bangor International Airports would like' to tate a Moment of the Senatebliene to engage in It Wolloguy -on our.'0W- intent In ? offering .the ainetidment. Given the late tour. and the last- minute attempts at conipromIse Which led to the development of the wording which has been adopted. it !was mit really possible for any of the eprinsora to make any definitive statements Is to what we were offering. And dime It was what many of us felt to bi-" fail- ure of the Department of Transporta- tion to properly interpret existing law that led to this entire effort. 1 would like to ensure that we limit the possi- bility of a repetition by being rather speciI.',. Mrs. HAWKINS. I would like to first note that what we have in effect done Is to determine, by passage 'tif the amendment, that carriers conducting International operations out of Miami and Bangor, and which operate 'air- craft that tan be brought Into Compli- ance by hush kits currently 'underde- velopment, meet the exemption quirements of the Aviation Safety and Noise -Act with respect to "valuable-eh ' servioe." "Sinantial havoe" and de- layed or unavailability of 'net emery ' technology for comp/Moe. ogre-have Approved For Release 2009/04/15: CIA-RDP90B01370R001501930089-6