452 AMERICAN BEHAVIORAL SCIENTIST

STINCHCOMBE, A. (1963) “Institutions of privacy in the determination of police administrative practice.” Amer. J. of Sociology 69: 150-160.

Technology Review (1983) “When computers track criminals." April: 75-76. U.S. Department of Health and Human Services. Office of the Inspector General (1981) Annual Report. Washington, DC: Government Printing Office.

U.S. General Accounting Office (1982) IRS Can Do More to Identify Tax Return Processing Problems and Reduce Processing Costs. Washington, DC: Government Printing Office.

U.S. Senate, Committee on Governmental Affairs, Subcommittee on Oversight of Government Management (1982) Oversight of Computer Matching to Detect Fraud and Mismanagement in Government Programs. Washington, DC: Government Printing Office.

U.S. v. Harrison (1982) 667 F2d 1158, Fourth Circuit Court of Appeals. VAUGHAN, D. (1980) “Crime between organizations: implications for victimology," pp.77-97 in G. Geis and E. Stotland (eds.) White Collar Crime: Theory and Research. Beverly Hills, CA: Sage.

WESTIN, A. and M. BAKER (1972) Databanks in a Free Society: Computers. Record-Keeping and Privacy. New York: Quadrangle.

WHITESIDE, T. (1978) Computer Capers. New York: New American Library.

You recently requested that the Department of Justice provide you with information concerning the prosecution of alleged Selective Service nonregistrants. The information provided below is current to March 18, 1984.

First, you asked how many names the Selective Service System referred to the Department of Justice and requested that such information be broken down by year.

In

In 1981, the Selective Service made 183 referrals. 1982, the Service made 292 referrals. In 1983, the Service made three referrals of computer tapes containing information on possible nonregistrants. The first tape contained information concerning 5,151 possible nonregistrants; the second, information concerning 76,529 possible nonregistrants; and the third, information concerning 118,346 possible nonregistrants. 1/

Second, you asked how many of the referred names came from a computer match performed by Selective Service.

The 1983 referrals overwhelmingly resulted from Selective Service's matching of registration records with state departments of motor vehicles records. However, such referrals also contain a relatively small number of names of persons who reported themselves as nonregistrants and of persons who were reported by others.

1/ The information on the tapes cannot be added together to determine the total number of nonregistrants since subsequent tapes contain the identities of possible nonregistrants from former tapes. Similarly, the final tape does not represent the entire universe of referred possible nonregistrants since it excludes previously referred persons who registered, were determined not to be within the registration class, or were previously selected by the Department of Justice for investigation and possible prosecution.

Third, you asked how referred to United States investigated by the Federal

manv nonregistrant matters were Attorneys and how many were Bureau of Investigation.

We refer nonregistrant matters both to the appropriate United States Attorneys and to Federal Bureau of Investigation Headquarters. The Bureau counts as "investigated" every matter referred, even if the field agent only contacts the United States Attorney. Consequently, the number of nonregistrant matters referred to United States Attorneys and the number "investigated" by the FBI should be identical. Those numbers

beer cases

Fourth, you asked how many prosecutions have initiated, how many convictions obtained, how many appealed, and what the status is of the cases on appeal.

Sixteen alleged nonregistrants have been indicted, have been convicted (including one guilty plea). One indicte nonregistrant was placed in the pretrial diversion program he registered. One court struck language from an indictment, and another dismissed an indictment.

The Government appealed the dismissal and the striking of language from the indictment. The Ninth Circuit Court of o reversed the dismissal. The defendant has petitioned the 1. Court for a writ of certiorari. The Government's appeal of striking of the language from the indictment is pending Eighth Circuit Court of Appeals.

Four defendants have appealed their convictions. Ninth Circuit Court of Appeals affirmed one Sixth Circuit Court of Appeals remanded a case for ex defendant's claim that he was selectively prosecuted, i appeals to the Eighth and First Circuit Courts of Appea still pending.

Fifth, you asked how much money has boon enqui Department enforcing the nonregistrati

asked that this figure be broken down accordi for record keeping,

The only such records kept in a

manner are kept by the Federal Bureau of

Bureau informed us that for FY 1982 it experble

for agents and support personnel for the purpose of investigating nonregistrant matters; in FY 1983 it expended $73,509 in salary for agents and support personnel; and in FY 1984 (through February 1, 1984) it expended $40,495 in salary for agents only.

Of course, we hope the information set out above will be responsive to your inquiry.

APPENDIX 4

1984: CIVIL Liberties and THE NATIONAL SECURITY STATE-JANUARY 24, 1984

APPENDIX I-LEGISLATIVE MATERIALS

1. H.R. 6343, 98th Cong., 2d Sess. (1984).

APPENDIX II-CASES

1. U.S. v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980).

2. U.S. v. Seidlitz, 589 F.2d 152 (4th Cir. 1980).

3. U.S. v. Butenko, 494 F.2d 593 (3d Cir. 1974).

4. People v. Teicher, 52 N.Y.2d 638 (Ct. of Appeals, 1981).

5. People v. Teicher, 395 N.Y.S.2d 587 (Sup. Ct. 1977).

6. State v. Jennings, 611 P.2d 1050 (Idaho, 1980).

7. In Re Applications of Roberts Flying Service, Inc., F.C.C. Docket No. 18870 (1971). 8. U.S. v. New York Telephone Co., 434 U.S. 159 (1977).

9. Simmons v. Southwestern Bell Telephone Co., 452 F. Supp. 392 (W.D. Okla. 1978). 10. U.S. v. Hall, 488 F.2d 193 (1973).

11. Smith v. Wunker, 356 F. Supp. 44 (S.D. Ohio 1972).

14. People v. Dexek, Mich. App., 308 N.W.2d 652 (1981).

15. Application of Order Authorizing Interception of Oral Communications and Videotape Surveillance, 513 F. Supp. 421 (1980).

16. U.S. v. Torres,

F.2d

(7th Cir. 1984).

17. U.S. v. Bowler, 561 F.2d 1323 (1977).

APPENDIX III-ARTICLES AND MISCELLANEOUS MATERIALS

1. Burnham, "Can Privacy and Computer Coexist?," New York Times, November 5, 1983.

2. Brownstein, "Computer Communications Vulnerable as Privacy Laws Lag Behind Technology," 16-2 Nat'l Journal 52 (Jan. 14, 1984).

3. Globe, "Spy Tech," Christian Science Monitor (pts. 1-6) April 16, 17, 18, 19, 20, and 23, 1984.

4. Schrage, "U.S. May Tighten Electronic Net to Control Software," Washington Post, May 6, 1984

5. Burnham, "Reagan Orders Action on Eavesdropping," N.Y. Times, Oct. 15, 1984. 6. Serrill, "The No Man's Land of High Tech," Time, Jan. 14, 1985.

7. Letter from U.S. Department of Justice, Criminal Division, to Hon. Robert W. Kastenmeier, dated December 27, 1983, with attachments.