94th Cong. 1st Sess. H.R. 1603 IN THE HOUSE OF REPRESENTATIVES January 17, 1975 Mr. Drinan introduced the following bill; which was referred the Committee on the Judiciary. A BILL To amend certain sections (authorizing wiretapping and electronic surveillance) of title 18 of the United States Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds and declares that-- (1) Widespread wiretapping and electronic surveillance, both by private persons and Government agents, both under color of law, and without pretense of legal excuse or justification, has seriously undermined personal security and often violated fundamental constitutional rights, including the rights to free speech, press, and association, the rights to due process and equal protection, and the right to privacy. (2) Complexities and defects in current Federal law have aided those who engage in wiretapping and electronic surveillance, and current Federal law has not provided adequate safeguards against corrupt abuses of communications technology. (3) No person, in any branch of the Federal Government, in however high an office, or in any other governmental or private position should be authorized either explicitly or implicitly to violate the constitutional rights of persons by eavesdropping on private conversations through wiretapping and electronic surveillance. (4) The end of prosecuting those who violate the law does not justify wrongdoing on the part of the Government. (5) The peculiar susceptibility of wiretapping and electronic surveillance to misuse in the furtherance of partisan political goals renders wiretapping and electronic surveillance a particularly dangerous temptation to Government officials, and the chance of its misuse outweighs any potential benefits which might otherwise be found in it. (6) SEC. 2. Title 18 of the United States Code is amended (1) by striking out section 2511(1) Except as otherwise specifically provided in this chapter any person who and inserting in lieu thereof Whoever (2) by inserting immediately after subparagraph (d) of section 2511(1), but before shall be fined the following new subparagraph: (e) willfully intercepts or records any wire or oral communication without the consent of all the parties to such communication; (3) by striking out or at the end of section 2511(1)(d), and by inserting or at the end of section 2511(1)(d); (4) by striking out sections 2511(2)(a)(ii), (b), (c), and (d); (5) by striking out section 2511 (3); (6) by striking out section 2512(1) Except as otherwise provided in this chapter, any person who willfully and inserting in lieu thereof Whoever (7) by striking out section 2512(2); and (8) by striking out sections 2516, 2517, 2518, 2519, 2510 (9). ----- "Freedom From Surveillance Act of 1975," Kastenmeier The gist: "(a) Except as provided in subjections (b) of this section or otherwise required by statute, whoever being a civil officer of the United States willfully conducts investigations into, maintains surveillance over, or maintains records regarding the beliefs, associations, political activities, or private affairs of any citizen of the United States, or regarding the beliefs, membership, or political activities of any group or organization of such citizens, shall be fined not more than $10,000, or imprisoned not more than one year, or both." "(b) Nothing contained in the provisions of this section shall be deemed either to limit or to enlarge such legal authority of the United States as may exist to: "(1) collect, receive, or maintain information relevant to an individual who has committed or is suspected on reasonable grounds to have committed a felony;" [...] ------- "Bill Of Rights Procedures Act of 1975" -- asking for a court order based upon probable cause for interception of communications, entry of dwellings, opening of mail, the inspection of and procuring of the records of telephone, bank, credit, medical and other business or private transactions of any individual. ....from a 'vintage' 2 vol. copy of the 94th Cong. surveillance hearings, with a "Center For Investigative Reporting" stamp. ~Aimee