Consensual intercepts may be made for the investigation of offenses punishable under the USC or
the UCMJ by death or confinement for one year or more, and telephone calls involving obscenity,
harassment, extortion, bribery, bomb threats, or threats of bodily harm. The calls must have been
made to a person authorized to use the telephone of a subscriber-user on an installation, building, or
part thereof under DOD jurisdiction. The subscriber-user must have consented to the intercept and a
party to the conversation must consent. (Note: any person authorized to use a government telephone
is a "subscriber-user," so many times a party to the call is also the "subscriber-user".) Note that the use
of a telephone extension to monitor a call with the consent of a party is not an intercept for the purpose
of this regulation, if done solely for a valid law enforcement purpose (paragraph 1-4h).
What is an interception? It is the oral acquisition of the contents of any wire or oral communication
through the use of any electronic, mechanical, or other device. "Electronic, mechanical, or other
device" means anything which can be used to intercept a wire or oral communication other than
telephone equipment (including extensions) furnished commercially or by the Army in the ordinary
course of business and used by the subscriber or user in the ordinary course of duty. A pen register
does not intercept the content of a conversation and, therefore, normally does not require the same
approval as does an intercept; but, if a pen register is to be used in conjunction with an intercept, the
intercept procedures apply to both the intercept and the pen register. Telephone tracing ("locking-out"
and "trapping") is not considered an intercept, but its use is governed by AR 190-53 and CIDR 195-1.
Approval authority for consensual intercepts is the Secretary of the Army, the Under Secretary of the
Army, the Army General Counsel or, in their absence, the DOD General Counsel. The request should
be forwarded through USACIDC command channels to Hq, USACIDC, for approval. The Commanding
General, HQ, USACIDC, must approve the request. If not, the request will be returned to the field."
The request should include the facts and circumstances requiring the interception, how, where, and for
how long it will be conducted, whose conversation will be intercepted, and what part they have in the
offense, and a statement that in your judgement the intercept is in the interest of effective law
enforcement. If approval is given, it will be for 30 days in the U.S. and may be for up to 60 days outside
the U.S. If more time is needed a request for renewal must be made. This request is made the same
way, with the same justifications, as the original request. All consensual intercepts must be ended
when the evidence sought is obtained or when it is determined that the intercept is nonproductive
(paragraph 2-5, AR 190-53).
Nonconsensual intercepts in the United States will be done under court order. The approval
authority is the DOD General Counsel. The case is then coordinated with the Justice Department. If
the Attorney General approves the request, a Justice Department attorney will apply for a court order.
If you need an intercept, you must send the request through your region commander to the CDR,
USACID. The request must include the following information: (1) who is making the request; (2) the
facts behind the request, to include the offense, the type of communication you want to intercept, and
why it is
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