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. ck SURJECT: ole TAPPING AND. EAVESDRIDPING “LUGrSz LATION - A review has been made of the testimony of rordex a Attorney General Kennedy and former Assist2nt Attorney General , Herbert J. Miller, Jr., before a Senate subcommittee of the % Judiciary in 15 $1” and 1962 in support of wire tzpping FPF 239 legislation in order to determine whether either of them °“"* a7 made stavements relative to the Department's position and .- policy concerning electronic eavesdropping equipnent | oN j (icrophones). . - \y @i.2 review has indicated that they confined their . statements prinarily to the various aspects of telephone taps N ‘ Jane made cnly a few passing references to eavesdropping without wg! going ints cetail concerning the Department's position concerning this type of activity. S. # me Mr, Diller eppeared before the cornittee Msy 11, 1962, arc presented arguments of the Lapartzent of Justice in a | y favor of pass2ze of Senate Bill, S, 1495, This bill, in effect, 4. Would have excpowered the Attorney General to authorize wire Ww tens by Feceral agencies in cases involving the national -*° - XS | security ena in the crimes of kicnzping and extortion. it ‘« | would also have authorized the At torney Gencral, upon the \ & { showing of probable cause, to obtain a court order permitting | wire ta ,ping in certain other enumeretec crizes, ine? tues murder, bribery, gambling, racketeering anc narcotics traific. : The bili would also have made evidence obtained from such . _! wire taps admissible in criminal prosecutions. : ‘ ? es ' Eiller reviewed the background of the current. “°°: ) - €-ctute, which is Section 605 of the Federal Communications ~~‘: Commission Act of 1934, Miller pointed out that this present®> 7" statutory arrangement is unsatisfactory in that it does not . or ge ed operate to authorize enforcement agencies to utilize wire taps |. _— in developing crininal violations. at the same tine, it cses 72:3 |rot make interception of cormnunications a violation per se#-+= unless the contests” = De 5/9 ai solosed or totne and ene ._. Iles itr. Gale. ree (Ec ae - — 4 , ULE & be vGL: tin/dde ° 1 1 ue 5 198 oa nape ad “RSL a