NCJ Number
55124
Date Published
1978
Length
29 pages
Annotation
THIS DEPARTMENT OF DEFENSE DIRECTIVE UPDATES ESTABLISHED POLICIES, PROCEDURES, AND RESTRICTIONS GOVERNING THE INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS AND THE USE OF PEN REGISTERS AND RELATED DEVICES FOR LAW ENFORCEMENT.
Abstract
THE PROVISIONS OF THIS DIRECTIVE APPLY TO THE OFFICE OF THE SECRETARY OF DEFENSE, THE MILITARY DEPARTMENTS, THE ORGANIZATION OF THE JOINT CHIEFS OF STAFF, THE DEFENSE AGENCIES, AND THE UNIFIED AND SPECIFIED COMMANDS. POLICY, PROVISION OF WAIVERS OF THE REQUIREMENTS SPECIFIED, AND THOSE RESPONSIBLE FOR THE PROMULGATION AND ENFORCEMENT OF THE POLICY ARE INDICATED. POLICY PROHIBITS THE INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS FOR LAW ENFORCEMENT PURPOSES UNLESS CONDUCTED IN ACCORDANCE WITH THIS DIRECTIVE AND APPLICABLE LAW. UNDER THE DIRECTIVE, THE ONLY DEPARTMENT OF DEFENSE COMPONENTS AUTHORIZED TO INTERCEPT WIRE AND ORAL COMMUNICATIONS AND CONDUCT PEN REGISTER OPERATIONS ARE THE DEPARTMENTS OF THE ARMY, NAVY, AND AIR FORCE, AND WITHIN THESE COMPONENTS, AUTHORITY TO USE THIS TECHNIQUE SHALL BE LIMITED TO THOSE OFFICES SPECIFICALLY DESIGNATED IN WRITING BY THE HEAD OF THE COMPONENT. WIRE AND ORAL COMMUNICATIONS INTERCEPTION SHALL BE AUTHORIZED ONLY IN THOSE CIRCUMSTANCES WHERE IT IS DEMONSTRATED THAT THE INFORMATION IS NECESSARY FOR A CRIMINAL INVESTIGATION AND CANNOT REASONABLY BE OBTAINED IN SOME OTHER, LESS INTRUSIVE MANNER. CONDITIONS UNDER WHICH NONCONSENSUAL INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS CAN BE AUTHORIZED ARE INDICATED. CONDITIONS UNDER WHICH CONSENSUAL INTERCEPTIONS MAY BE UNDERTAKEN ARE ALSO DESCRIBED. AN ENCLOSURE WITH DEFINITIONS IS PROVIDED, ALONG WITH AN ENCLOSURE EXPLAINING PROCEDURES, RECORD ADMINISTRATION, AND REPORTS REGARDING THE IMPLEMENTATION OF THE DIRECTIVE. REFERENCES ARE PROVIDED. (RCB)