From: John Young <jya@pipeline.com>
Date: Fri, 15 Aug 1997 19:44:33 +0800
To: cypherpunks@toad.com
Subject: Electronic Surveillance Indices
Message-ID: <1.5.4.32.19970815111956.006fe0c8@pop.pipeline.com>
MIME-Version: 1.0
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>From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
[DOCID:jus_fbi-7]

DEPARTMENT OF JUSTICE

 JUSTICE/FBI 006

System name: Electronic Surveillance (Elsur) Indices.

System location: 
  Federal Bureau of Investigation, J. Edgar Hoover Bldg., 10th and 
  Pennvylvania Ave., NW, Washington, DC 20535. Those field offices which 
  have sought conducted electronic surveillances also maintain an index. 
  See appendix to System 022.
Categories of individuals covered by the system: 
  Individuals who have been the targets of direct electronic 
  surveillance coverage by FBI in a court order; those whose 
  communications have been monitored/intercepted by an FBI electronic 
  surveillance installation; those who won, lease, or license premises 
  subjected to electronic surveillance coverage sought by the FBI in a 
  court order.
Categories of records in the system: 
  The ELSUR Index is comprised of three types of 3 x 5 cards: 1. 
  Principal cards identify, by true name or best known name, all 
  interceptees (targets) identified in an application filed by the FBI 
  in support of an affidavit seeking a court order to conduct an 
  electronic surveillance; 2. Proprietary Interest cards identify 
  entities and/or individuals who own, lease, license or otherwise hold 
  a possessory interest in locations subjected to an electronic 
  surveillance sought by the FBI in a court order; and, 3. Overhear 
  cards identify, by true name or best known name, individuals and/or 
  entities who have been reasonably identified by a first name or 
  initial and a last name a being a party to a communication monitored/
  intercepted by the FBI.
Authority for maintenance of the system: 
  The ELSUR Index was initiated in October, 1966, at the recommendation 
  of the Department of Justice and relates to electronic surveillances 
  conducted/ sought by the FBI since 1/1/60. The authority for the 
  maintenance of these records is Title 5, Section 301, USC, which 
  grants the Attorney General the authority to issue rules and 
  regulations prescribing how Department of Justice information can be 
  employed. Title 18, U.S.C., Section 3504, also sets forth 
  recordkeeeping requirements.
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  The Elsur Indices are utilized: (1) To respond to judicial inquiries 
  about possible electronic surveillance coverage of witnesses, 
  defendants, or attorneys involved in Federal court proceedings, and 
  (2) To enable the Government to certify whether a person regarding 
  whom court-order authority is being sought for electronic coverage has 
  ever been so covered in the past. The actual users of the indices are 
  always employees of the FBI.
  In addition, information may be released to the news media and the 
  public pursuant to 28 CFR 50.2 unless it is determined that release of 
  the specific information in the context of a particular case would 
  constitute an unwarranted invasion of personal privacy;
  Member of Congress or staff acting upon the member's behalf when the 
  member or staff requests the information on behalf of and at the 
  request of the individual who is the subject of the record; and, to 
  the National Archives and Records Administration and the General 
  Services Administration in records management inspections conducted 
  under the authority of 44 U.S.C. 2904 and 2908 to the extent that 
  legislation governing the records permits.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
Storage: 
  The records are maintained manually on 3 x 5 cards.
Retrievability: 
  Names/facilities are indexed and filed alphabetically. Telephone 
  numbers and other such serial or identification numbers targeted are 
  indexed and filed numerically. Locations targeted are indexed by 
  address and filed by street name.
Safeguards: 
  The index is maintained in a restricted access room at all times. The 
  entrance is equipped with a special locking device and alarm system 
  for off-duty hours when the index is not in use.
Retention and disposal: 
  Until advised to the contrary by the Department, the courts or 
  Congress, these indices will be maintained indefinitely. The indices 
  have been declared permanent by NARA. (Job No. NC1-65-82--4, Part E. 
  2. t.)
System manager(s) and address: 
  Director, Federal Bureau of Investigation, Washington, DC 20535.
Notification procedure: 
  Same as the above.
Record access procedures: 
  Inquiry addressed to Director, FBI, Washington, DC 20535.
Contesting record procedures: 
  Same as the above.
Record source categories: 
  Category of Individual.
Systems exempted from certain provisions of the act: 
  The Attorney General has exempted this system from subsections (c) (3) 
  and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and 
  (8), (f), (g) and (m) of the Privacy Act pursuant to 5 U.S.C. 552a(j). 
  Rules have been promulgated in accordance with the requirements of 5 
  U.S.C. 553 (b), (c) and (e) and have been published in the Federal 
  Register.