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Electronic Communications Privacy Act Committee On ELECTRONIC COMMUNICATIONS PRIVACY ACT HEARINGS BEFORE THE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE OF THE | COMMITTEE ON THE JUDICIARY HOUSE OF REPERSENTATIVES NINETY-NINTH CONGRESS FIRST AND SECOND SESSIONS ON H.R. 3378 ELECTRONIC COMMUNICATIONS PRIVACY ACT SEPTEMBER 26, OCTOBER 24, 1985, JANUARY 30, AND MARCH 5, 1986 Serial No. 50 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 5M-M44 O WASHINGTON : 1986 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas HAMILTON FISH, JR., New York ROBERT W. KASTENMEIER, Wisconsin CARLOS J. MOORHEAD, California DON EDWARDS, California HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan THOMAS N. KINDNESS, Ohio JOHN F. SEIBERLING, Ohio DAN LUNGREN, California ROMANO L. MAZZOLI, Kentucky F. JAMES SENSENBRENNER, JR., WILLIAM J. HUGHES, New Jersey Wisconsin MIKE SYNAR, Oklahoma BILL McCOLLUM, Florida PATRICIA SCHROEDER, Colorado E. CLAY SHAW, JR., Florida DAN GLICKMAN, Kansas GEORGE W. GEKAS, Pennsylvania BARNEY FRANK, Massachusetts MICHAEL DEWINE, Ohio GEO. W. CROCKETT, JR.. Michigan WILLIAM E. DANNEMEYER, California CHARLES E. SCHUMER, New York HANK BROWN, Colorado BRUCE A. MORRISON, Connecticut PATRICK L. SWINDALL, Georgia EDWARD F. FEIGHAN, Ohio HOWARD COBLE, North Carolina LAWRENCE J. SMITH, Florida HOWARD L. BERMAN, California RICK BOUCHER, Virginia HARLEY O. STAGGERS, JR., West Virginia JOHN BRYANT, Texas M. ELAINE MIELKE, General Counsel GARNER J. CLINE, Staff Director ALAN V. COFFEY, Jr., Associate Counsel SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE ROBERT W. KASTENMEIER, Wisconsin, Chairman JACK BROOKS, Texas CARLOS J. MOORHEAD, California ROMANO L. MAZZOLI, Kentucky HENRY J. HYDE, Illinois MIKE SYNAR, Oklahoma MICHAEL DEWINE, Ohio PATRICIA SCHROEDER, Colorado THOMAS N. KINDNESS, Ohio BARNEY FRANK, Massachusetts PATRICK L. SWINDALL, Georgia BRUCE A. MORRISON, Connecticut HOWARD COBLE, North Carolina HOWARD L. BERMAN, California RICK BOUCHER, Virginia MICHAEL J. REMINGTON, Chief Counsel GAIL HIGGINS FOGARTY, Counsel DAVID W. BEIER, Counsel DEBORAH LEAVY, Counsel THOMAS E. MOONEY, Associate Counsel JOSEPH V. WOLFE, Associate Counsel (II) CONTENTS HEARINGS HELD Page September 26, 1985 1 October 24, 1985 41 January 30, 1986 107 March 5, 1986 211 WITNESSES Amick, Neal J., division manager, AT&T 108 Prepared statement Ill Cavanagh, Michael F., executive director, Electronic Mail Association 18 Colgan, Richard T., executive secretary, Association of North American Radio Clubs .". 147 Prepared statement 171 Fishman, Clifford S., professor of law, Catholic University of America Law School 254 Prepared statement 258 Hess, Frederick D., director, Office of Enforcement Operations, Department of Justice 212 Knapp James, deputy assistant attorney general, Department of Justice 212 Prepared statement 218 Kelly, John W., Jr., attorney, Southwestern Bell Telephone Co 108 Prepared statement 135 Kuhnreich, George A., vice president, Tandy Corp 147 Prepared statement 157 Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont 3 Prepared statement 5 Nugent, P. Michael, chairman, Committee on Computer Systems and Commu­ nications Privacy, ADAPSO 74 Prepared statement 77 Quigley, Philip J., president and chief executive officer, pacTel Mobile Co.'s 26 Prepared statement 29 Stanton, John W., chairman, Telocator Network of America 92 Prepared statement 95 Walker, Philip M., general regulatory counsel, GTE Telenet Inc 18 Weingarten, Fred W., program manager, Communication and Technologies Program, Office of Technology Assessment 42 Prepared statement 46 Williams, Perry F., secretary, the American Radio Relay League, Inc 147 Prepared statement 148 ADDITIONAL MATERIAL Article from the New York Post, "E-Mail Bill Focuses on Security," dated September 10, 1985 9 Article from the New York Times, "New Law to Protect Computer Data Sought," dated September 19, 1985 10 Letter to Hon. William French Smith, Attorney General of the United States from Patrick Leahy, U.S. Senator, dated January 26, 1984 with enclosures... 11 (III) IV APPENDIX Letter from John R. Bolton, Assistant Attorney General, U.S. Department of Page Justice to Hon. Peter W. Rodino (June 6, 1986) 279 Letter from Edward W. Hummers, Jr. to Hon. Robert W. Kastenmeier (May 12,1986) 280 Letter from Jerry W. Cox, Counsel for Dynascan Corporation to Hon. Robert W. Kastenmeier (April 29, 1986) 282 Letter from Alexander B. Trowbridge, President, National Association of Manufacturers to Hon. Edwin Meese (April 29, 1986) 286 Letter from R.S. Willis, Vice President, Associated Credit Services, Inc. to Subcommittee on Courts Civil Liberties and the Administration of Justice (April 25, 1986) 288 Letter from John R. Bolton, Assistant Attorney General, U.S. Department of Justice to Hon. Robert W. Kastenmeier (April 15, 1986) 289 Letter from Ward H. White, Vice President, United States Telephone Associa­ tion to Hon. Robert W. Kastenmeier (April 14, 1986) 292 Letter from Michelle Meier, Consumers Union to Hon. Robert W. Kasten­ meier (April 9, 1986) 294 Letter from Ted A. Heydinger, Vice President, Government Relations, CBEMA to Hon. Robert W. Kastenmeier (April 9, 1986) 296 Letter from John W. Roach, President, Tandy Corporation to Hon. Robert W. Kastenmeier (Apr. 19, 1986) 298 Letter from Travis Marshall, Senior Vice President, Motorola, Inc. to Hon. Robert W. Kastenmeier (April 8, 1986) 298 Letter from L. Ralph Mecham, Director, Administrative Office of the United States Courts to Hon. Peter W. Rodino (March 25, 1986) 301 Letter from John Spain, President, Radio-Television News Directors Associa­ tion to Hon. Robert W. Kastenmeier (March 18,1986) 302 Letter from F.W. Gerbracht, Jr., Vice President, Chase Manhattan Bank to Hon. Robert W. Kastenmeier (March 17, 1986) 305 Letter from Jerry J. Berman, Chief Legislative Counsel, ACLU to Hon. Robert W. Kastenmeier (March 14, 1986) 307 Letter from William H. Dempsey, Presdent, Association of American Rail­ roads to Hon. Robert W. Kastenmeier (March 14, 1986) 309 Statement of Edward O. Fritts, Presdent, National Association of Broadcast­ ers before the Subcommittee on Courts, Civil Liberties and the Administra­ tion of Justice (March 7, 1986) 312 Supplemental Statement of ANARC concerning H.R. 3378 "The Electronic Communications Privacy Act of 1985" (February 27, 1986) 323 Letter from Hon. Robert W. Kastenmeier to Hon. Edwin Messe III, Attorney General of the United States Department of Justice (February 19, 1986) 359 Letter from Robert A. McConnell, Vice President, CBS Washington, to Hon. Robert W. Kastenmeier (February 4, 1986) 363 Testimony of Richard L. Brown before the Subcommittee on Courts, Civil Liberties and the Administration of Justice on behalf of Regency Electron­ ics. Inc. (January 30, 1986) 373 Statement of Richard L. Brown before the Subcommittee on Courts, Civil Liberties and the Administration of Justice on behalf of SPACE (January 30, 1986) 392 Letter from Richard L. Brown to Hon. Robert W. Kastenmeier (January 28, 1986) 396 Letter from Michael Goldsmith, Associate Professor of Law, Brigham Young University to Hon. Robert W. Kastenmeier (January 10, 1986) 400 Letter from Bruce J. Eggers, Director, Congressional Relations, Ameritech to Hon. Robert W. Kastenmeier (December 17, 1985) 405 Letter from Richard L. Brown, Counsel to the Satellite Television Industry Association/SPACE to Hon. Robert W. Kastenmeier (December 3, 1985) 407 Letter from Leslie C. Seeman, General Counsel, The Source Information Network to Hon. Robert W. Kastenmeier (November 21, 1985) 409 Letter from Christy E. Massie, Counsel, Administration Office of the United States Court to James C. Murr, Office of Management and Budget (October 31, 1985) 413 Memo from James S. Golden, Southwestern Bell Corporation to Subcommit­ tee on Courts, Civil Liberties and the Administration of Justice (October 31, 1985) 415 V Letter from Hubert F. Owens, General Attorney, Bell South Corporation to the Subcommittee on Courts, Civil Liberties and the Administration of Page Justice (October 22, 1985) 425 Letter from Douglass J. McCollum, Attorney, C&P Telephone to the Subcom­ mittee on Courts, Civil Liberties and the Administration of Justice (October 22, 1985) 428 Letter from Warren G. Austin, General Attorney, Northwestern Bell to the Judiciary Committee (September 30, 1985) 430 Memo from Jerry J. Berman and Marc Rotenberg, ACLU, to Conferees and Interested Persons (September, 1984) 432 Letter from Martin T. McCue, Director of Government Relations, Centel Corporation to Hon. Robert W. Kastenmeier (July 17, 1985) 450 Letter from Jerry J. Berman, Legislative Counsel, ACLU to Hon. Robert W. Kastenmeier (June 26, 1985) 464 Memo from ACLU Project Staff to Conferees and Interested Persons (June, 1985) 469 Letter from Lynn W. Ellis, Chairman, IEEE to Hon. Robert W. Kastenmeier (May 24, 1985) 481 Letter from Mary C. Lawton, Counsel for Intelligence Policy, U.S. Depart­ ment of Justice (May 20, 1985) 484 Statement of Uniden Corporation of America before the House Subcommittee on Courts, Civil Liberties and the Administration of Justice 501 Statement of Pacific Telesis Group for Recommendations for Amendments 517 Statement of the National Association of Business & Educational Radio Con­ cerning the "Electronic Communications Privacy Act of 1985" 519 Analysis of H.R 3378 (Same as S. 1667) "Electronic
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