◆ SpookStack

• Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - 51 - the 11plausible deniability" concept may never again be used as an excuse for lack of evidence of lawful authority . The establishment of a program of surveillance could be justified only by the President's foreign affairs powers. But the existence of such powers does not validate every action taken in their name. There must in each case be a sufficient basis, measured in light of the private interests the surveillance invades, for believing that the surveillance , is necessary to serve the important end that purportedly justifies it. It must, in other words, be reasonable in scope and duration, as "reasonable" has come to be defined by the courts in cases involving wiretapping. No open-ended authori- zation of the sort involved in the East Coast Project would be sufficient. The Department does not suggest that this means that there must be probable cause to believe that every letter sought to.be opened under such an authority would contain foreign intelligence information, any more than there must b·e'· probable cause to believe that every telephone call that might be overheard during a wire interception for criminal investigative purposes will include a discussion of crime. But there must, at a minimum,be a determination that the facts justify the surveillance and that it is no more intrusive A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4