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1 an electronic, mechanical, or other device for the interception 2 of a wire or oral communication, and a Federal law enforce3 ment officer with responsibility for an ongoing criminal inves4 tigation may engage in such installation or use to the extent 5 that this chapter allows the installation or use of a device for 6 such an interception.
"(c) As used in this section
"(1) the term 'pen register' means a device which
9 records or decodes electronic or other impulses which
identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached;
"(2) the term 'tracer' means an electronic or mechanical device which permits the tracking of a person
or object without the consent or knowledge of such individual or the individual controlling such object.".
(b) The table of sections at the beginning of chapter 119 18 of title 18 of the United States Code is amended by adding at
19 the end the following new item:
"2521. Pen registers and tracers.".
SEC. 8. (a) Chapter 205 of title 18 of the United States
21 Code is amended by adding at the end the following:
22 "§ 3117. Video surveillance
"(a) No person acting under the authority of the United
24 States shall engage in any video surveillance except as pro25 vided in this section.
"(b) For the purposes of chapter 119 of this title, video 2 surveillance shall be treated as though such surveillance were 3 an interception of a wire or oral communication, and a Feder4 al law enforcement officer with responsibility for an ongoing 5 criminal investigation may engage in video surveillance to 6 the extent that such chapter allows such an interception, 7 except that
"(1) an application under that chapter with respect to video surveillance may be made only to a Federal judge of competent jurisdiction;
“(2) an order authorizing or approving such surveillance shall be for a period not greater than ten days, and each extension of such an order shall be for
a period not greater than ten days; and
"(3) for the purposes of the application of section 2518(1)(c) of this title, other investigative procedures include an interception under chapter 119 of this title. "(c) As used in this section, the term 'video surveillance' 19 means the recording of visual images of individuals by televi20 sion, film, videotape, or other similar method, in a location 21 not open to the general public and without the consent of that 22 individual.".
(b) The table of sections for chapter 205 of title 18 of 24 the United States Code is amended by adding at the end the
25 following new item:
"3117. Video surveillance.".
SEC. 9. (a) Section 1806(e) of title 50 of the United
2 States Code is amended by adding at the end "Any person
3 may make a motion to exclude from any criminal proceeding evidence obtained or derived from an electronic surveil
4 any 5 lance if the primary purpose of the portion of such surveil6 lance from which such evidence was obtained or derived was 7 to obtain information to be used in a criminal proceeding. For 8 the purposes of the immediately preceding sentence a portion 9 of electronic surveillance which occurs not more than 30 days 10 before the return of a criminal indictment based on such sur11 veillance shall be presumed to be for the primary purpose of 12 obtaining information to be used in a criminal proceeding. 13 (b) Section 1808(b) of title 50 of the United States Code 14 is amended by striking out "On" and all that follows through 15 "four years thereafter" and inserting in lieu thereof "On or 16 before October 25 of each year".
(c) Section 1807 of title 50 of the United States Code is 18 amended
(1) by striking out "and" at the end of paragraph
(2) by striking out the period at the end of paragraph (b) and inserting "; and" in lieu thereof; and
(3) by adding at the end the following:
"(c) the number of individuals, within a range of 10,
25 who have been the objects of electronic surveillance.".
1 (d) Section 1805(b)(2) of title 50 of the United States
2 Code is amended
(1) by striking out "and" at the end of subpara
(2) by striking out the period at the end of subparagraph (D) and inserting "; and" in lieu thereof;
(3) by adding at the end the following:
"(E) that the applicant inform any United States person whose communication is intercepted by electronic surveillance of the fact of such surveillance not later than 180 days after the end of such surveillance, unless the United States establishes to the satisfaction of the court by clear and convincing evidence that so to inform such person would jeopardize an ongoing intelligence operation or disclose the sources or methods of intelligence gathering.".
SEC. 10. This Act and the amendments made by this 20 Act shall take effect 30 days after the date of the enactment
21 of this Act.
629 FEDERAL REPORTER, 2d SERIES
UNITED STATES of America, Appellee,
TRUONG DINH HUNG, Appellant. UNITED STATES of America, Appellee,
Ronald Louis HUMPHREY, Appellant.
Nos. 78-5176, 78-5177.
Argued Dec. 6, 1979.
Defendants were convicted in the United States District Court for the Eastern District of Virginia, Albert V. Bryan, Jr., J., of espionage, conspiracy to commit espionage and several espionage-related offenses for transmitting classified information to representatives of the Socialist Republic of Vietnam during the 1977 Paris negotiations between that country and the United States, and they appealed. The Court of Appeals, Winter, Circuit Judge, held that: (1) evidence obtained pursuant to reasona
ble warrantless searches and surveillances of defendants prior to time that investigation became "primarily" criminal investigation was admissible against defendants; however, evidence obtained through warrantless surveillance subsequent to that time was properly excluded; (2) application of statute requiring agents of a foreign government to register did not violate Fifth Amendment; (3) appeals from espionage and espionage-related convictions would be remanded for further proceedings to determine whether documents produced by Government near end of trial contained Jencks Act material that should have been supplied to the defense; and (4) Jencks Act was not violated by destruction of confidential CIA informant's written reports to her superior for reason that the reports, which had been destroyed according to routine CIA procedures before any criminal prosecution was contemplated, were destroyed outside context of a criminal investigation. Affirmed and remanded.
Donald Russell, Circuit Judge, filed separate opinion in which he concurred in part and dissented in part and in which K. K. Hall, Circuit Judge, joined.
Under foreign intelligence exception to Fourth Amendment, government will be relieved of seeking warrant only in those situations in which interests of the executive are paramount, when object of search or surveillance is a foreign power, its agent or collaborators and only when surveillance is conducted "primarily" for foreign intelligence reasons. U.S.C.A.Const. Amend. 4. 2. Criminal Law 394.4(1)
Evidence obtained pursuant to reasonable warrantless searches and surveillances of defendants, employees of United States information agency was furnished copies of classified documents to codefendant who then delivered them to representatives of Socialist Republic of Vietnam during 1977 Paris negotiations between that country and the United States, prior to time that investigation became "primarily" criminal