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CONTENTS

STATEMENTS OF SENATE COMMITTEE MEMBERS

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Edwards, Hazel E. Continued

Prepared statement ..........

128

Attachment: List of organizations contacted by GAO

130

Freeh, Louis J.:

Testimony...

5, 112

Prepared statement.........

14, 114

Letter to Senator Leahy from Louis J. Freeh, May 10, 1994

36

Response to questions submitted by Senator:

Pressler

36

Leahy

41

Letters from Digital Privacy and Security Working Group to:

Louis J. Freeh, Mar. 11, 1994

117

William J. Clinton, President of the United States and Al Gore,

Vice President of the United States, Mar. 9, 1994

119

Letter to Louis J. Freeh from Senator Leahy and Representative Ed-

wards, Apr. 11, 1994 .....

120

Technology-based problems encountered by Federal, State, and local

law enforcement agencies

121

Letter to Representative Edwards from:

Samuel F. Shawhan, vice president, GTE Corp., Apr. 5, 1994 ........... 122

John E. Collingwood, inspector, Office of Public and Congressional

Affairs, Apr. 7, 1994

122

Responses to questions submitted by Representative Edwards

122

Leahy, Hon. Patrick J.:

Testimony...........

1, 108

Prepared statement ..........

3, 110

Letter to Mr. Charles A. Bowsher, Comptroller General, General Account-

ing Office, Mar. 24, 1994

131

Letters to:

Representative Don Edwards from Charles "Bud" Meeks, executive
director, National Sheriff's Association, Mar. 15, 1994

102
National Sheriff's Association adopted resolution, June 23, 1993 .
Senator Leahy from Victor Oboyski, national president, Federal Law
Enforcement Officers Association, Mar. 17, 1994

104

Neel, Roy:

Testimony .............

53, 132

Prepared statement .........

56, 134

Letter to Senator Leahy, Apr. 27, 1994

61

Responses to questions submitted by Senator Leahy

61

Interim report of the Digital Privacy and Security Working Group

70

Plesser, Ronald L.: Testimony....

... 80, 201

O'Malley, Hon. William C.:

Testimony .........

97

Prepared statement

104

Wheeler, Thomas E.:

Testimony ........

148

Prepared statement

149

103

Page

213

214

215

217

Crime ....

229

231

231

232

Letter to Senator Leahy and Representative Edwards from-Continued

Lynne Abraham, district attorney, District Attorney's Office, Mar. 28,

1994 ..... Letter to:

Mr. Casimir Ş. Skrzypczak, president, NYNEX Science and Technologies,

Inc. from James K. Kallstrom, Special Agent in Charge, Department

of Justice, Jan. 5, 1994 .... James K. Kallstrom, Special Agent in Charge, Department of Justice,

from Mr. Casimir S. Skrzypczak, ATIS chairman, Telecommunications Industry Solutions, Mar. 1, 1994 Chairman Edward J. Markey, Committee on Energy and Commerce,

House of Representatives, from Ralph V. Carlone, Assistant Comptrol

ler General, General Accounting Office, July 17, 1992 ........ Organized crime appendix of The President's Commission on Organized National Association of Attorneys General adopted resolution on tele

communications companies and law enforcement responsibilities, July 8

11, 1992 .......... National District Attorneys Association resolution concerning the Digital Telephony and Communications Privacy Improvement Act

....... Analysis of informal survey of technical problems encountered by law enforce

ment in conducting electronic surveillance
Prepared statement of Morton Bromfield on behalf of the American Privacy
Foundation ......
Letter to Morton Bromfield from:

L. Jeffrey Ross, chief, Office of Enforcement Operations, criminal

division
William A. Russell, Jr., director, Office of Congressional and Public

Affairs ........
Letter from Morton Bromfield to FBI Director William S. Sessions
Statement of:

Telecommunications Industry Association
AT&T Corp .........
MCI Communications Corp
David A. Banisar, Esq., Electronic Privacy Information Center .....

Electronic Privacy Information Center statistical analysis report
Analysis of the FBI Digital Telephony Proposal by the Electronic Frontier

Foundation, Sept. 18, 1992 .....
Department of Justice, Federal Bureau of Investigation summary

Draft of the Digital Telephony and Communications Privacy Improve-
ment Act of 1994

Section-by-section analysis of the act .......
Law enforcement requirements for the surveillance of electronic communica-

tions .... Glossary

235

.........

237

238 238

239 240 243 245 246

251 259

261 270

279 290

DIGITAL TELEPHONY AND
LAW ENFORCEMENT ACCESS TO
ADVANCED TELECOMMUNICATIONS

TECHNOLOGIES AND SERVICES

FRIDAY, MARCH 18, 1994

U.S. SENATE, SUBCOMMITTEE ON TECHNOLOGY AND THE

LAW, COMMITTEE ON THE JUDICIARY, JOINTLY WITH
HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CIVIL
AND CONSTITUTIONAL RIGHTS, COMMITTEE ON THE JU-
DICIARY,

Washington, DC. The subcommittees met, pursuant to notice, at 10:35 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy and Hon. Don Edwards presiding.

Also present: Senators Specter, and Cohen (ex officio), and Representatives Edwards, Hyde, and Canady. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S.

SENATOR FROM THE STATE OF VERMONT Senator LEAHY. We can begin. I am going to make a brief opening statement and then yield to Chairman Edwards and then the ranking Republican on this side and then my good friend, Henry Hyde, from Illinois.

I should state before I start, however, that it is a matter of great pride to me to be here with Don Edwards, a man I am going to miss, somebody I have known in all my years in the Senate. He was already a senior member of the Congress when I came here and one person I have worked with very closely on so many issues, far more than I could recount here, in the 20 years I have been here. Mr. Chairman, I am proud that you could join us here, and I am going to miss you when you leave at the end of this year.

Representative EDWARDS. Thank you, Pat.

Senator LEAHY. The fourth amendment strikes a delicate balance that we have always maintained to protect our personal privacy to the greatest extent possible. At the same time, it provides for law enforcement needs. This balance is what we, Judge Freeh and others, are here to examine today.

Law enforcement, as we all know, is our way to help secure our personal safety. I do not think there are any times that I can remember when the American people's concern about crime and our vulnerability to crime has been greater than it is today. We have seen the terrorist bombing of the World Trade Center, something that paralyzed not only a great city but, in many ways, much of

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