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FEDERAL DATA BANKS, COMPUTERS AND
THE BILL OF RIGHTS

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

CONSTITUTIONAL RIGHTS.

OF THE

U.S. CONGRESS Senate.

COMMITTEE ON THE JUDICIARY.
UNITED STATES SENATE

NINETY-SECOND CONGRESS

FIRST SESSION

ON

FEDERAL DATA BANKS, COMPUTERS AND THE
BILL OF RIGHTS

FEBRUARY 23, 24, AND 25, AND MARCH 2, 3, 4, 9, 10, 11, 15,
AND 17, 1971

62-032

PART I

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1971

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $4.25

77-612011

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LAWRENCE M. BASKIR, Chief Counsel and Staff Director
MARCIA J. MACNAUGHTON, Professional Staff Member
JUDITH A. FUTCH, Assistant Counsel

Appointed to Subcommittee March 4, 1971.

(II)

1935

WITNESSES

Page

Alioto, Hon. Joseph L., mayor of San Francisco..

Bigelow, Robert P., Association of Computing Machinery, Boston, Mass.-
Burgess, Quentin, former military agent, Washington, D.C.
Burhenne, The Honorable Wolfgang E., Secretary General, Interparlia-
mentary Working Centre, Bonn, Germany.

Foster, Prof. Caxton, University of Massachusetts, Department of Com-
puter and Information Sciences--

Froehlke, Hon. Robert F., Assistant Secretary of Defense (Administration);
accompanied by J. Fred Buzhardt, General Counsel, Department of
Defense; Robert E. Jordan, General Counsel, Department of the Army;
and Lieutenant Colonel James Shufelt, U.S. Army-
Gallati, Dr. Robert, chairman of Justice Department Project SEARCH
Privacy Study and director of the New York State Identification and In-
telligence System. -

Graves, Hon. Curtis, Texas State Representative_

492

680

284

332

707

375

649

336

Henderson, Robert, vice president, Honeywell Corp., Boston, Mass.; accompanied by Dr. John W. Weil, director of Advanced Systems and Technology

469

Huckfield, The Honorable Leslie J., Member of Parliament, London,
England..

625

Janowitz, Prof. Morris, University of Chicago_

344

Katzenbach, Nicholas de B., general counsel, International Business
Machines..

586

Koch, Hon. Edward R., U.S. Representative from New York.
Lane, Laurence F., former military agent, Washington, D.C.
Levin, Joseph, Jr., former military agent, Montgomery, Ala.
Mathias, Hon. Charles McC., U.Š. Senator from Maryland_
Mikva, Hon. Abner J., U.S. Representative from Illinois-
Miller, Prof. Arthur R., The Law School, University of Michigan.
Moos, Dr. Malcolm, president, University of Minnesota; accompanied by
Eugene Eidenberg, assistant vice president for administration, and
professor of political science, University of Minnesota_

41

312

289

573

130

8

Neuborne, Burt, American Civil Liberties Union, staff counsel, New York;
accompanied by Hope Eastman, acting director, Washington, D.C.
ACLU..

O'Brien, John M., former army intelligence agent, Chicago, Ill.
Peirce, Oliver, former military agent, Boston, Mass.
Percy, Hon. Charles H., U.S. Senator from Illinois.
Polikoff, Alexander, executive director of Businessmen for the Public
Interest, Chicago, Ill.

Pyle, Chistropher H., attorney and former captain in Army Intelligence.
Rehnquist, William H., Assistant Attorney General, Department of Justice;
accompanied by Robert Mardian, Assistant Attorney General for Inter-
nal Security; Dwight Dalbey, Assistant Director, Federal Bureau of In-
vestigation; Richard Velde, Associate Administrator, Law Enforcement
Assistance Administration; Jerome J. Daunt, Inspector, FBI, Chief
Inspector, NCIC..

531

46

100

305

90

91

147

597, 849

Richardson, Hon. Elliot L., Secretary of Health, Education and Welfare; accompanied by Robert C. Ball, Commissioner of Social Security, and Wilmot R. Hastings, General Counsel, HEW.

Rosenberg, Dr. Jerry, New York, N. Y.

Sohier, Edward, former military agent, Philadelphia, Pa..
Stein, Ralph, former military agent, Flushing, N.Y.

782

69

277

244

Sullivan, John A., American Friends Service Committee; accompanied by Stewart Meacham, Peace Education Secretary; and Pete Parra, Haverford College

351

Volpe, Hon. John A., Secretary, Department of Transportation.
Westin, Prof. Alan F., Columbia University, New York...
Wiesner, Jerome B., provo elect, Massachusetts Institute of Technology --

720

811

761

[EDITOR'S NOTE: Page references to documents cited in the testimony will be found following the table of contents in Part II, Appendix Relating to the Army, Department of Defense, and the Justice Department.]

STATEMENTS SUBMITTED FOR THE RECORD

Alpert, Hon. Paul E., a Maryland State Senator, Maryland House of
Delegates, letter of March 16, 1971; with Maryland Joint Resolution
No. 71.

Business Equipment Manufacturers Association, Data Processing Group,
Charles A. Phillips, vice president and group director_

California, State of, Hon. Ed Reinecke, Lieutenant Governor, letter of
March 5, 1971; with "Policy Statement on Privacy and Security".
California, State of, Intergovernmental Board on Electronic Data Proc-

essing, letter of February 25, 1971; with "Policy Statement on Privacy
and Security".

Capital Hill Group Ministry, Inc., Washington, D.C..

Page

960

925

928

929

958

Casper, Gerhard, Professor of law and political science, University of
Chicago Law School. -

930

Colorado College Campus Association Council, William E. Frerichs, representative-at-large

959

Computer People for Peace.

931

Cutler, Lloyd N., attorney at Law, Washington, D.C_

933

Federal Bureau of Investigation, J. Edgar Hoover, Director, National
Crime Information Center..

914

Goldstein, Robert C., Massachusetts Institute of Technology, Project
MAC, "Position Paper on Computers, Data Banks, and the Bill of
Rights".

937

Hadassah, Mrs. D. Leonard Cohen, Chairman, American Affairs Committee, "Protecting Individual Privacy"

960

Law Enforcement Assistance Administration, Richard Velde, associate administrator..

609

Lister, Charles, attorney at law, on behalf of the American Civil Liberties
Union...

942

Malik, Rex, contributing editor, Datascene__

946

Musgrove, John, letter of June 19, 1971; with draft proposal to prevent harrassment and discrimination_.

962

National Education Association, Washington, D.C., John M. Lumley,
consultant, Government relations and citizenship....
New York State Congress of Parents and Teachers, Inc.,_Westchester
District, Mrs. John B. Wheatley, chairman, Westchester District Con-
stitutional Rights Committee; with "Resolution on Computer Data
Banks".

953

963

Oil, Chemical, and Atomic Workers International Union, Anthony
Mazzocchi, citizenship-legislative director--

952

Seder, Paul, Ph.D., assistant professor of psychology, Georgetown University..

956

Unitarian Universalist Association, John M. Hines, secretary; with "Civil
Liberties" resolution..

964

Women for Peace, Mrs. Doris Rips, media chairman.

964

EXHIBITS

Alioto, Hon. Joseph L., additional exhibits submitted for the record...
American Civil Liberties Union, Hope Eastman, acting director, Washing-
ton, D.C. office, letter to Senator Ervin of March 11, 1971.
"Data Storage, Collection and Dissemination", resolution..

"Police Infilitration and Surveillance of Private Organizations and Individuals", statement..

American Friends Service Committee, "American Liberty and Repression, 1970: An AFSC Review".

510

ཙུཙ ཙྩ

363

Army, Department of, letter from Robert F. Froehlke, Assistant Secretary of Defense (Administration) to Senator Ervin of March 29, 1971Listing of tactical military intelligence units__

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Inspections of USAINTC offices for compliance with Department of
Army letter of June 9, 1971...

981

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