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Memorandum, Broader Consensual Listening

July 20, 2011

Broader Consensual Listening Memo; outlines the procedures to be followed when consensual listening is appropriate.

The Federal Information Resources Management Regulations, 41 CFR 201-21.603, set forth the limited circumstances under which agencies were authorized to engage in consensual listening. Consistent with these regulations, the Department adopted consensual listening procedures and codified them in Department of Energy (DOE) Order 1450.4, Consensual Listening-In To or Recording Telephone/Radio Conversations. Under those procedures, the Office ofthe Chieflnformation Officer (OCIO) reviewed and approved consensual listening plans and procedures at field sites.

Recently, 41 CFR 201-21.603 was rescinded. Based in part on this rescission, the Department has decided to also rescind DOE Order 1450.4 and simplify the process and procedures offices should follow when seeking authorization to engage in consensual listening. A justification notice to cancel this Order is currently being processed.