Reading Room Document

National Security Electronic Surveillances

In light of a recent Supreme Court case holding warrantless domestic electronic surveillance unconstitutional, this memo addressed the constitutionality of warrantless electronic surveillance in the name of national security and considered legal alternatives. The OLC concluded that there was sufficient support in lower court opinions for electronic surveillance in foreign intelligence cases without a warrant, but explained that the scope of this power was limited to the foreign security powers held by the president, as articulated in 18 U.S.C. § 2511(3) and in the Supreme Court’s recent Keith decision.

June 26, 1973