Reading Room Document

Legality of Common Carriers Assisting the Federal Government In Connection With Warrantless Electronic Surveillance for Foreign Intelligence Purposes

This document is a memorandum opinion regarding the legality of common carriers providing technical assistance for warrantless electronic surveillance for foreign intelligence purposes. The conclusion reached is that such activities are not prohibited by the Communications Act or Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The document presents questions for review regarding the liability of telephone companies providing technical assistance in connection with Presidentially authorized warrantless electronic surveillance for foreign intelligence purposes, and whether such assistance would violate the Communications Act or Title III. It also discusses the constitutional power of the President to take measures to protect the nation against actual or potential attack or other hostile acts of a foreign power.

June 5, 1978