Reading Room Document

Wiretap Authority for Non-Department of Justice Agencies

The OLC in this memo concerned electronic surveillance conducted by agencies other than the Department of Justice both in the United States and abroad, both (a) surveillance pursuant to court order and (b) warrantless surveillance. At the time, domestic electronic surveillance pursuant to a court order could be initiated under the omnibus crime control act by an agency that had authority for the investigation of a listed offense, had to be authorized by the attorney general, and required specific showings (such as probable cause). At the time, applications were not made under this statute for surveillance outside the country. In contrast, the OLC opined that the authority for warrantless surveillance––if it existed at all––arose from the president’s constitutional powers. The opinion went on to detail existing court precedent on warrantless surveillance, the OLC’s own memoranda on this topic, and issues of delegability, disclosure, and centralization of recordkeeping for such activities.

April 30, 1974