Reading Room Document

Whether FBI Interception of Radio Transmissions Constitutes "Electronic Surveillance" Under Section 101(f) of the Foreign Intelligence Surveillance Act

This document is a memorandum opinion for the Director of the Federal Bureau of Investigation regarding the interception of radio communications under the Foreign Intelligence Surveillance Act (FISA). The conclusion reached in the document is that the interception of radio transmissions does not constitute "electronic surveillance" under FISA and does not require a warrant when conducted to gather foreign intelligence information. The document presents a detailed analysis of the statutory interpretation, expectations of privacy, and conclusions regarding the interception of radio communications, and raises questions about whether radio communications fall under the definition of "electronic surveillance" and whether there is a constitutionally protected expectation of privacy for radio transmissions.

May 29, 1979