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CONTENTS

STATEMENTS OF SENATE COMMITTEE MEMBERS

Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont...
Specter, Hon. Arlen, U.S. Senator from the State of Pennsylvania
DeConcini, Hon. Dennis, U.S. Senator from the State of Arizona
Pressler, Hon. Larry, U.S. Senator from the State of South Dakota

STATEMENTS OF HOUSE COMMITTEE MEMBERS

........ 5, 112
Glickman, Hon. Dan, Representative in Congress from the State of Kansas
Coble, Hon. Howard, Representative in Congress from the State of North
Carolina

111

FRIDAY, MARCH 18, 1994

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Letters to:

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

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

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102

103

104

Page

Letter to Senator Leahy and Representative Edwards from-Continued

Lynne Abraham, district attorney, District Attorney's Office, Mar. 28, 1994...... Letter to:

213

Mr. Casimir S. 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
Črime

National Association of Attorneys General adopted resolution on tele-
communications companies and law enforcement responsibilities, July 8-
11, 1992

214

215

217

229

231

National District Attorneys Association resolution concerning the Digital Telephony and Communications Privacy Improvement Act

231

Analysis of informal survey of technical problems encountered by law enforcement in conducting electronic surveillance

232

Prepared statement of Morton Bromfield on behalf of the American Privacy
Foundation ..............

235

Letter to Morton Bromfield from:

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

237

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

238

Letter from Morton Bromfield to FBI Director William S. Sessions

238

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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 Improvement Act of 1994

243

245

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251

259

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Section-by-section analysis of the act

270

Law enforcement requirements for the surveillance of electronic communications.......

279

Glossary

290

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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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