INTELLIGENCE CHARTER LEGISLATION - MEETING WITH SSCI STAFFERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000700070021-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: April 14, 2004
• Sequence Number: 21
• Publication Date: December 20, 1978
• Content Type: MFR

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Approved For Release 2004/05/05 : CIA-RDP81M00980R000700070021-5
COPY
OLC 78-0399/139
20 December 1978
MEMORANDUM FOR THE RECORD
SUBJECT: Intelligence Charter Legislation - Meeting with SSCI
Staffers
1. Date, Time and Place: 20 December 1978; 0930-1230 hours;
OLC Conference Room
. Participants : OLC:
SSCI: John Elliff
Keith Raffel
3. This long meeting focused on the collection of foreign intelligence
"from" U.S. persons. There appeared to be positive movement on the part
of the Committee staffers in several respects:
--Elliff said that he recognized that the distinction
attempted in Sections 214 and 219 of S. 2525 between
foreign intelligence "concerning" a U.S. person and
foreign intelligence "in the possession of" a U.S.
person was meaningless and unworkable.
--Elliff said he was not in agreement with the
attempt made in one of the Committee's recent
working papers to define away the problem by
declaring that "foreign intelligence does not
include information concerning U.S. persons."
--Elliff distinguished between clandestine collection
involving U.S. persons located abroad, and
clandestine collection involving U.S. persons in
the U.S.
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4. Toward the end of the session, Elliff summed up his thinking on
the issue as follows:
--Clandestine collection involving U.S. persons
should be permissible abroad, and flexibility in
handling such operations should be maintained;
--If intrusive techniques (e.g., electronic
surveillance, unconsented searches) were
to be employed, however, there would have
to be prior high level consultation and
accountability.
--Clandestine collection involving U.S. persons in
the U.S. probably should not be permitted at all;
or, if at all, only with the strictest of controls
and high level accountability,
5. The views expressed by Elliff at this meeting were quite different
than the position taken by S. 2525, or the position in the Committee's
latest paper (its reply to the Working Group's paper on Title II). I am
informed by who have dealt howeverl, tha.tflisrprofessed o inception
Charter Legislation process,
usually proves to be ephemeral.
Distribution:
Original - OLC/Legislation Staff
'
1 - OGC
1 - OGC
1 - DDO
1 - DDO
1 - OLC Su sect
1 - OLC Chrono
OLC:GMC:mao (3 Jan 79)
Chief, Legislation bla"IULU
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