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D. Justice Department Criteria for Warrantless Wiretaps: 1968-1975

1. 1968-1972

In fields other than national security, the Justice Department was obligated to conform with the warrant procedures of the 1968 statute. But in national security cases, Justice Department policy permitted -- and the Act did not forbid -- warrantless wiretapping if the proposed surveillance satisfied one or more of the following criteria (which paralleled the standards enunciated in Section 2511 (3) ) :

(1) That it is necessary to protect the nation against actual or potential attack or any other hostile action of a foreign power;

(2) That it is necessary to obtain foreign intelligence information deemed essential to the security of the United States;

(3) That it is necessary to protect national security information against foreign intelligence activities;

(4) That it is necessary to protect the United States against the overthrow of the Government by force or other unlawful means; or

(5) That it is necessary to protect the United States against a clear or present danger to the structure or the existence of its Government. 62

Existing procedures for warrantless wiretaps requiring the prior written authorization of the Attorney General and subsequent reauthorization after 90 days remained in effect after the passage of the 1968 Act.