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452 AMERICAN BEHAVIORAL SCIENTIST
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WESTIN, A. and M. BAKER (1972) Databanks in a Free Society: Computers. Record-Keeping and Privacy. New York: Quadrangle.
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Office of the Assistant Attorney General
U.S. Department of Justice
Washington, DC 20530
30 MAR 1984
Honorable Robert W. Kastenmeier, Chairman
Dear Mr. Chairman:
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 1981, the Selective Service made 183 referrals. In 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 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
many nonregistrant matters were
Fourth, you asked how many prosecutions have been initiated, how many convictions obtained, how many cases appealed, and what the status is of the cases on appeal.
Sixteen alleged nonregistrants have been indicted. Eight have been convicted (including one guilty plea). One indicted nonregistrant was placed in the pretrial diversion program when 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 Appeals reversed the dismissal. The defendant has petitioned the Supreme Court for a writ of certiorari. The Government's appeal of the striking of the language from the indictment is pending in the Eighth Circuit Court of Appeals.
Four defendants have appealed their convictions. The Ninth Circuit Court of Appeals affirmed one conviction, the Sixth Circuit Court of Appeals remanded a case for a hearing on defendant's claim that he was selectively prosecuted, 2/ and the appeals to the Eighth and First Circuit Courts of Appeals are still pending.
Fifth, you asked how much money has been expended by the Department in enforcing the nonregistration prohibition and asked that this figure be broken down according to expenditures for record keeping, investigating, and prosecuting.
The only such records kept in a reasonably retrievable manner are kept by the Federal Bureau of Investigation. The Bureau informed us that for FY 1982 it expended $62,634 in salary
2/ The Government petitioned for rehearing and suggested that the rehearing be en banc. The Sixth Circuit Court of Appeals denied the petition. The Government is presently considering whether to petition the Supreme Court for a writ of certiorari.
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.
Robert A. McConnell
1984: CIVIL LIberties and the NATIONAL SECURITY STATE-JANUARY 24, 1984
APPENDIX I-LEGISLATIVE MATERIALS
1. H.R. 6343, 98th Cong., 2d Sess. (1984).
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).
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.