◆ SpookStack

e e Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 36 the activities in light of the need for the information and the intrusiveness of the techniques employed have only recently been addressed. These questions arise, in this case, because ;he presidential authorization for the East ·· Coast Project if there was such authorization -- may h~ve been presumptive rather than express; that is,it may have . been in accord with the well-established principle applied ~. in other areas of the law that agency heads are deemed to have been delegated those inherent presidential powers necessary to meet the responsibilities of the agency. Moreover, the approval for the openings was not limited in time, and responsible officials apparently did not reexamine the program on a regular basis to determine whether it should be continued. Although the President may, consistent with the Constitution, authorize certain forms of surveillance to gather foreign intelligence information without seeking '• prior approval from the Judicial Branch, th~ Department believes that the evolving law in this area requires such authorization to be express. The executive official to whom the power to approve such surveillance has been delegated must take steps to assure himself that the surveillance is reasonable under Fourth Amendment standards. A roved For Release 2008/11/06 : CIA-RDP04M01816R000502010009-4 r !