a: Serair San Evm .. Chairman of the Senate Subor Constitutions. Fights to Hon. Melvin R. Semate ď Dienst auted April 6, 1972, regarding 1999 a mi ne mine, it assist TOCH isw enforcement...... Fer Buznat, General Counsel Department of Ervin Jr.. Chairman, Senate Suht. n... is of Constitutions. Rights, dated April 26, 1972, CORE. Denury Assistant Secretary of Defense, Senser Sun 2 from Jr., Chairman, Senate Subcom- Senator Sum & Frem 2. Chairman. Senate Subcom- Leser Bru Sen. Joseok Cappucci, Director. Defense In- Sensive Sam 7. From J. Chaman, Sabecmmittee on ons, bacon Nets to Mr. D. C. Cocke. Deputy Assistant Secreuary of Detenst, dated January 29, 1974, regarding the piesding of the Defense Department in the case of People Letion. Mr. D. A. Cooke. Deputy Assistant Secretary of Defense, ists.. Letter, Mr. D. O. Cocke, Deputy Assistant Secretary of Defense, to Senator Sam J. Ervin, JF, Chairman, Subcommittee on Constitutional Rights, dated March 14, 1974, regarding replies of the Defense Department in response to questions of journalists. Letter, Mr. D. O. Cocke, Deputy Assistant Secretary of Defense, to Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee on Constitutional Rights, dated April 23, 1974, regarding the Chairman's opening statement at subcommittee hearing.. Letter, Senator Sam J. Ervin, Jr., Chairman, Senate Subcommittee on Constitutional Rights, to Mr. D. O. Cooke, Deputy Assistant Secretary of Defense, dated May 6, 1974, in response to Cooke letter of April 23, 1974.......... Department of Transportation: Letter, Rodney E. Eyster, General Counsel, to Senator Sam J. Page 190 191 216 191 195 272 275 276 277 277 279 281 283 285 286 Other Materials: Message from Department of the Army to major subordinate Evidentiary Materials Regarding Military Surveillance of Civilians West Berlin_. Heidelberg- 8th Infantry Division Regulation (USAREUR) No. 381-25, Page 287 299 323 324 360 380 395 SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice at 10:10 a.m., in room 2228, Dirksen Senate Office Building, Senator Sam J. Ervin, Jr. (Chairman), presiding. Present: Senator Ervin. Also present: Lawrence M. Baskir, chief counsel; and Britt Snider, counsel. Senator ERVIN. The subcommittee will come to order. OPENING STATEMENT OF THE CHAIRMAN The subcommittee begins 2 days of hearings this morning on S. 2318, a bill I introduced last November with the co-sponsorship of 34 Senators. A copy of this bill will be inserted at the conclusion of my statement. The bill provides that military personnel shall not be used to conduct surveillance of the political activities of civilians or civilian organizations except in those limited situations where the military actually has a need for such information to further a lawful objective. The bill is, at bottom, privacy legislation. It seeks to shield_the expression of one's political views from the eyes and ears of Government. It seeks to protect one's associations from the perpetuity of a Government computer. And, it seeks to preserve the promise of a free society where men are not entrapped by their past. As I contemplate this computerized society we have entered upon, I am reminded of the passage in Lewis Carroll's Through the Looking Glass where the king raves: "The horror of that moment... I shall never, never forget it." "You will, though," says the Queen, "if you don't make a memorandum of it." A democratic society must be compassionate as well as just. It must be willing to forget past indiscretions and allow its citizens to begin again. But the queen is right. Beginning anew is much more difficult when there are "memorandums" of the past to live down and contend with. It is no accident that most of the so-called "privacy" bills before Congress today focus upon limiting the "memorandums" that Gov |