Page 548 of 703

MORI DocID: 1451843

Copy 1 of 2

29 January 1973

MEMORANDUM FOR: Acting Chief, Division D

SUBJECT: Intercept of Communications in the U.S.

REFERENCE: 26 Jan 73 Memo for GC fr AC/Division D,
Same Subject

1. In referent you request our views as to the legal
aspects of a radio intercept activity carried on at
our communications site [REDACTED]

2. The basic law is contained in section 605 of the
Communications Act of 1934, 47 U.S.C. 605, which prohibits
interception of any radio communication without the authorization of the sender and also prohibits divulging the substance
thereof to any person. Chapter 119 of Title 18, U.S.C., makes
the interception of any wire or oral communication a crime
punishable by $10,000 or five years' imprisonment, or both.
There are two exceptions to these prohibitions:

a. The first provides for application through
the Department of Justice to a Federal court for a
court order authorizing such interception for specific
purposes in connection with law-enforcement duties.
Since this Agency is prohibited by statute from any
police or law-enforcement activities, obviously we
cannot operate under this exception.

b. The other exception is contained in section 2511
of Title 18, U.S.C., in subsection (3). This provides
that the prohibition cited above on interception shall not

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