Full opinion text
MEMORANDUM AND ORDER WOLF, District Judge. I. Summary The seven defendants in this case are charged with being members of the Patriarca Family of La Cosa Nostra (“LCN” or “Mafia”). It is alleged that the Patriarca Family is a criminal organization as defined in the Racketeer Influenced and Corrupt Organization (“RICO”) statute, 18 U.S.C. § 1961 et seq. (1988). The Superceding Indictment charges that the Patriarca Family is a highly secret enterprise whose illegal activities have included specified murders, drug trafficking, extortion, obstruction of justice, and gambling, among other things. Significant evidence of the existence of the illegal enterprise alleged in this case was obtained by the government when— apparently for the first time anywhere—it electronically intercepted and recorded a meeting on October 29, 1989, at 34 Guild Street, Medford, Massachusetts in which new members of the LCN were inducted. As part of the ceremony, the new members: swore their life-long, paramount loyalty to the LCN and acknowledged that only death would end their membership; promised not to divulge the existence or secrets of the LCN; and undertook to kill informants, including their blood relatives, if instructed to do so. The electronic surveillance at 34 Guild Street was conducted pursuant to a warrant issued on the evening of October 27, 1989, (the “Order” or the “Warrant”), by Judge David Nelson of the United States District Court for the District of Massachusetts. See Appendix 1 hereto. The Warrant was issued on the basis of an application filed by then Special Attorney Diane Kottmyer (the “Application”) and a supporting affidavit of Special Agent Walter J. Steffens, Jr. (the “Steffens Aff.”) of the Federal Bureau of Investigation (“FBI”). The Order authorized roving electronic surveillance to intercept certain criminal communications involving Joseph Russo, Vincent Ferrara, or Robert Carrozza. The Warrant was issued pursuant to 18 U.S.C. § 2518(ll)(a), a relatively new provision of the federal statute authorizing the interception of communications. See The Wire and Electronic Communications Interception and Interception of Oral Communications Act, 18 U.S.C. § 2510 et seq. (1988) (“Title III”). Title III was enacted in 1968, after the Supreme Court, reversing its prior precedent, explicitly held that the protections of the Fourth Amendment applied to the interception of wire and oral communications. See section III.3 infra. The statute was intended to codify the requirements of the Fourth Amendment as it was then understood to apply to the interception of communications, to supplement the Fourth Amendment’s protections with solely statutory safeguards and procedures, and to facilitate the interception of criminal conversations in appropriate investigations—particularly including investigations of organized crime. The Fourth Amendment requires that searches and seizures be reasonable and establishes certain requirements for the issuance of warrants. Among these is the requirement that any warrant “particularly describ[e] the place to be searched, and the persons or things to be seized.” U.S. Const, amend. IV. As originally enacted, Title III implemented the particularity clauses of the Fourth Amendment by requiring: (1) that each application concerning electronic surveillance include “a particular description of ... the place where the communication is to be intercepted,” 18 U.S.C. § 2518(l)(b)(ii), and (2) that the judge find that “the place where, ... communications are to be intercepted [is] being used, or [is] about to be used,” in the commission of a specified offense, § 2518(3)(d). In enacting Title III, Congress expressed the belief that electronic surveillance was indispensable to investigating and prosecuting organized crime. Subsequently, many cases in Massachusetts and elsewhere showed this conviction to be correct. As the ability of the government to intercept criminal conversations became manifest, however, sophisticated criminals began structuring their communications to frustrate efforts to intercept them. In recognition of this, Title III was amended in 1986 to add “roving intercept” and “roving wiretap” provisions, 18 U.S.C. § 2518(11) (1988). With regard to the roving intercept provision at issue in the instant case, subsection 11 provides that the usual particularity requirements of Title III, § 2518(l)(b)(ii) and (3)(d), do not apply if a judge finds such specification is not practical, based upon an application by the government containing: a full and complete statement as to why such specification is not practical and identifying] the person committing the offense and whose communications are to be intercepted. § 2518(ll)(a)(ii). In essence, the roving intercept provision replaces the usual practice that the place to be searched be identified in a warrant by an address with a description of that place as the location at which an identified person is engaging in identified criminal conversation. Thus, a roving intercept order gives executing officers less specific direction, and more discretion, concerning the place to be searched than a conventional warrant. Section 2518(ll)(a) reflects the contemporary view of Congress and the President that this increased discretion is constitutionally permissible and appropriate when it is impractical for a warrant to define the place to be searched in conventional terms, particularly if that impraeticality is caused by the deliberate efforts of suspects to frustrate surveillance. At the outset of this case the defendants moved to suppress the evidence intercepted at 34 Guild Street on the ground that the roving intercept provision of Title III violates the particularity clause of the Fourth Amendment and is, therefore, unconstitutional. The government opposed this motion, which presents issues which have not been decided previously by any court. The court began oral argument on defendants’ motion on February 22, 1991. At that time neither the defendants nor the court were aware that the government had, prior to obtaining the Order in this case, developed information concerning 34 Guild Street as the possible site of an imminent Mafia induction ceremony, but did not include that information in the Application or Steffens’ Affidavit furnished to Judge Nelson. In response to an invitation by the court to clarify what, if anything, it knew about 34 Guild Street before issuance of the Warrant, the government filed several affidavits. Those affidavits indicated that on October 27, 1989, the government’s investigation developed several pieces of information indicating that 34 Guild Street would be used two days later for a Mafia induction ceremony. Thus, by that afternoon, there was evidence sufficient to provide probable cause to believe it would soon be possible and proper to intercept conversations at 34 Guild Street. At the same time the government also had formidable reasons to doubt that they had identified the true location of an imminent Mafia induction ceremony and considerable evidence that the proposed targets of the proposed roving Order were still attempting to thwart surveillance. Disclosure of the foregoing facts concerning 34 Guild Street caused defendants to supplement their motion to suppress to claim additional statutory as well as constitutional grounds for exclusion of the evidence at issue. Oral arguments on the continually emerging legal issues were held on February 22, 1991, February 26, 1991, February 27, 1991, March 6, 1991, March 14, 1991 and March 25, 1991. On March 25, 1991, defense counsel were permitted to interrogate Kottmyer on the reasons why she did not on October 27, 1989 revise or supplement the government’s submission to provide Judge Nelson with the information the FBI had recently developed regarding 34 Guild Street. Upon consideration of the evidence, the parties’ voluminous memoranda, and analysis of the applicable law, the court now concludes the motion to suppress must be denied. In view of the complexity of the issues presented, and of their importance to all parties, the reasons for this decision are explained in detail in this Memorandum. Briefly summarized, these reasons are as follows. The constitutionality of the roving intercept provisions now at issue must be analyzed as they were implemented by the Order issued by Judge Nelson. See section III.l infra. In addition, the question whether § 2518(11), as applied in this case, violates the Fourth Amendment requires consideration of the origins of the Amendment and its evolution, particularly as it has been construed concerning electronic surveillance. See section III.2 infra. The Fourth Amendment was a direct response to the general warrants and writs of assistance which gave colonial officials virtually boundless discretion as to where they could search and who or what they could seize. The Amendment was originally enacted to protect individuals and their tangible property from unreasonable searches and seizures. This protection against unreasonable searches and seizures was afforded by the operation of a series of related provisions of the Fourth Amendment. These provisions include the requirements that, absent special circumstances, searches be conducted pursuant to warrants issued by neutral magistrates, based upon demonstrated probable cause to believe criminal activity is involved, and specifically describing— and thus limiting—the place(s) to be searched and the property to be seized. When it first confronted the issue in 1928, the Supreme Court did not construe the Fourth Amendment to protect oral or wire communications, which are intangible and were not deemed to be within the literal scope of the Amendment’s protection of “persons, houses, papers and effects.” In 1967, however, the Supreme Court interpreted the Fourth Amendment to protect conversations. Title III was enacted in response to the Supreme Court’s revised interpretation of the Fourth Amendment as it applied to the interception of communications. The Supreme Court’s departure from the traditional, literal application of the Fourth Amendment concerning electronic surveillance paralleled a more functional interpretation of the Amendment in other contexts as well. Thus, at least since 1967, the Supreme Court has increasingly focused on the reasonableness of the search or seizure at issue. At the same time, the Court has relaxed literal requirements of the Fourth Amendment—or traditional interpretations of those requirements—when it has found a search or seizure to be reasonable and has been convinced that it would be impractical to interpret those requirements more rigorously without failing to recognize the legitimate needs of law enforcement. In such cases, the Court has indicated that the use of unconventional forms of warrants are permissible and appropriate when departures from the usual terms of a search warrant are, as a practical matter, necessary to the viability of prior judicial approval of a search and significant special circumstances justify relaxation of the usual requirements. Indeed, the Supreme Court has, in the absence of traditional exigent circumstances, recently approved searches and seizures without warrants or probable cause on the basis that special needs rendered such conduct reasonable. This court is persuaded that viewed in the current context of Fourth Amendment jurisprudence, the roving intercept provision of Title III, § 2518(1 l)(a), is constitutional as applied in this case. This conclusion is consistent with the sole decision addressing the constitutionality of the similar—but not identical—roving wiretap provision of Title III, § 2518(ll)(b). See United States v. Silberman, 732 F.Supp. 1057 (S.D.Cal.1990). In addition, the judicially crafted exclusionary rule relating to Fourth Amendment violations applies to the execution of the roving intercept Order in this case. See sections III.6 and IV. 1, infra. This exclusionary rule now includes an exception for objectively reasonable reliance by a law enforcement officer upon a statute, or upon a warrant if it has been properly obtained. In the instant case, the agents reasonably relied on the validity of the roving intercept provisions of Title III and the Warrant issued pursuant to those provisions. Therefore, if the manner in which the Warrant was obtained does not require suppression, the good faith exception to the exclusionary rule would operate to defeat defendants’ motion to suppress the evidence of the LCN induction ceremony even if the roving intercept provision of Title III were now deemed unconstitutional. With regard to suppression for violations of Title III, there are now several distinct exclusionary rules which apply to different sections of the statute. See Section IV. 1 infra. The provisions of Title III which were intended to enact requirements of the Fourth Amendment are subject to judicially fashioned and evolving constitutional exclusionary rules; these rules include the standards enunciated by the Supreme Court in Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). The provisions of Title III which are legislated supplements to the requirements of the Fourth Amendment are subject to the more static exclusionary provisions of the statute, §§ 2515 and 2518(10). A violation of an obligation created solely by Title III does not justify suppression if: (1) the section of the statute at issue does not play a “central” role in guarding against the unwarranted use of wiretapping or electronic surveillance; and (2) the error was inadvertent, rather than part of a deliberate effort to mislead the court, or made in reckless disregard of the government’s obligations. In this case, the court concludes that the government erred in not telling Judge Nelson on October 27, 1989, of the information it had developed regarding 34 Guild Street as the possible site for an imminent Mafia induction ceremony. The failure to provide this information constituted a violation of the requirement of § 2518(1 l)(a)(ii) that the government provide a full and complete statement of why it was, in the government’s view, impractical to identify a place to be bugged in conventional terms. Subsection (11) modifies other provisions of Title III which are rooted in the particularity clause of the Fourth Amendment. Thus, consistent with the relevant precedents of the First Circuit in Title III cases involving issues concerning applications for a warrant, the judicially crafted exclusionary rules—particularly including the standards of Franks—must be applied to determine whether suppression is the proper remedy for the violation of subsection (ll)(a)(ii) in this case. Franks directly addressed the circumstances in which evidence should be suppressed if it were alleged that the government had presented false information in an affidavit to persuade a judge that there was probable cause for the issuance of a warrant. In Franks, the Court held that: In the event that ... the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. Id. at 156, 98 S.Ct. at 2676. The Court, therefore, established that when Franks applies a defendant must satisfy two requirements to obtain suppression based upon possible governmental misconduct in connection with obtaining a warrant: first, that the information at issue was known by the government to be false or was presented with reckless disregard for its truth; and second, that the information was essential to the issuance of the warrant. These standards also apply when information has been omitted from an application or affidavit. Suppression for the violation of § 2518(1 l)(a)(ii) is not proper in this case because neither of the prongs of the Franks test has been satisfied. As described in detail in this Memorandum, the court is convinced that Kottmyer acted in complete good faith, without any intention to mislead or obtain any tactical advantage, when she failed to provide Judge Nelson with the information obtained on October 27, 1989 concerning 34 Guild Street. See sections II and IV.2. In addition, Kottmyer’s error was not made in reckless disregard for the truth or for the government’s other obligations to the court. As of October 27, 1989, there were no cases construing § 2518(ll)(a)(ii). At that time, it was objectively reasonable for Kottmyer to believe, mistakenly, that the roving intercept provision, § 2518(ll)(a)(ii), which requires a showing of impracticality, was synonymous with the roving wiretap provision, § 2518(ll)(b)(ii), which followed it. The roving wiretap provision requires only a showing that a proposed target is seeking to thwart surveillance. The information the government had just obtained concerning the possible use of a residence at 34 Guild Street for a Mafia induction ceremony tended to strengthen a showing that Russo, Carrozza and Ferrara, who had no prior connection to that address, were attempting to evade surveillance. Given the ambiguity of the law and the pace and pressure under which decisions had to be made on the afternoon of October 27, 1989, it was not reckless for the government to make the error which the court, after intense and prolonged examination, now finds. In addition, suppression is not justified because if a reasonable judge had been fully informed regarding 34 Guild Street, he or she would nevertheless have authorized electronic surveillance at that address, either by signing the proposed Order authorizing the roving interception in its original form or by amending it to add express authorization for 34 Guild Street, as well as other, unspecified locations. Accordingly, as the standards for exclusion established by Franks have not been satisfied, suppression is not a proper remedy for the violation of § 2518(ll)(a)(ii) in this case. Nor is suppression justified on the basis of any of defendants’ other claims. Contrary to defendants’ contention, § 2518(l)(c), the “necessity” provision of Title III, did not require the government to address in its Application electronic surveillance concerning Gaetano Milano and Nicholas Bianco, who were under investigation for some of the same crimes as Russo, Ferrara and Carrozza. See section IV.3 infra. More specifically, § 2518(l)(c) only requires disclosures concerning the efficacy of non-Title III investigative techniques. Moreover, as this necessity provision is rooted in the Fourth Amendment’s requirement of reasonableness, a violation would justify suppression only if the standards of Franks were met. Once again, the court is persuaded that even if § (l)(c) is deemed to have been violated in this case, neither of the requirements for suppression under Franks has been satisfied. The defendants correctly contend that, pursuant to § 2518(l)(e), the Application should have disclosed prior applications for electronic surveillance of all of the individuals named in the Application, rather than just for the three individuals designated as “principals.” See section IV.4 infra. Subsection (l)(e), however, is a statutory addition to the requirements of the Fourth Amendment. It has, in this district and in other Circuits, been properly characterized as a “non-central” provision of Title III. Thus, where, as here, a violation is inadvertent rather than deliberate or in reckless disregard of the government’s obligations, suppression is not justified. Finally, even if the government could have properly obtained a roving intercept Order for Patriarca or his similarly situated co-defendants, it was not improper for the government to intercept their communications with Russo, Ferrara or Carrozza pursuant to the Order targeting those three individuals only. See section IV.5 infra. Subsection (ll)(a)(ii) is intended to prevent investigators from using a roving intercept order as authority to intercept communications if at least one of the participants is not identified as a target in the order; it is not intended to preclude interception of incriminating conversations involving a target identified in a roving warrant and other individuals. Defendants’ remaining contentions challenge the interception of communications at 34 Guild Street on more conventional grounds, such as minimization. These claims are not now ripe for resolution. They will be addressed in subsequent proceedings and decisions. Accordingly, for the reasons amplified in the following findings of fact and analysis, defendants’ motion to suppress the communications intercepted at 34 Guild Street must be denied. II. The Facts The following facts are derived primarily from the Application and the Steffens’ Affidavit submitted to obtain the Warrant in this case, the four affidavits submitted by the government in opposing defendants’ request for testimony in connection with the motion to suppress, the March 25, 1991 testimony of Kottmyer, which was subject to searching cross examination, and the court’s assessment of her credibility. This case arises out of the Department of Justice’s continuing investigations of the alleged Patriarca Family of La Cosa Nostra. In the mid-1980s, the government successfully prosecuted numerous individuals charged with being co-conspirators in a enterprise known as the Patriarca Family of the LCN. See United States v. Angiulo, 897 F.2d 1169 (1st Cir.), cert. denied, — U.S. -, 111 S.Ct. 130, 112 L.Ed.2d 98 (1990); United States v. Zannino, 895 F.2d 1 (1st Cir.), cert. denied, — U.S.-, 110 S.Ct. 1814, 108 L.Ed.2d 944 (1990); United States v. Angiulo, 847 F.2d 956 (1st Cir.), cert. denied, 488 U.S. 928, 109 S.Ct. 314, 102 L.Ed.2d 332 (1988); United States v. Cintolo, 818 F.2d 980 (1st Cir.), cert. denied, 484 U.S. 913, 108 S.Ct. 259, 98 L.Ed.2d 216 (1987). Much of the evidence used to obtain those convictions resulted from the electronic surveillance of 98 Prince Street, Boston, the regular headquarters of Gennaro Angiulo, an “Under-boss” of the Patriarca family, and of 51 North Margin Street, Boston, the regular site of certain high stakes poker games. See Angiulo, 847 F.2d at 960; Zannino, 895 F.2d at 3; Cintolo, 818 F.2d at 983-84. The convictions obtained in the foregoing cases resulted in the incarceration of many of those believed by the government to have been the leaders of the Patriarca Family. However, the government’s investigation of the Patriarca Family continued. In the summer of 1989, the FBI was receiving information about a power struggle within the Patriarca Family. Steffens Aff. p. 14; Affidavit of former Special Agent James A. Ring, dated February 25, 1991, ¶ 3(a) (“Ring Aff.”). In June, 1989, alleged Patriarca Family “Underboss” William Grasso was discovered murdered in Connecticut. Ring Aff. IT 3(b). Francis Salemme, an alleged Patriarca Family “soldier,” was shot the same day. Id. Information available to the FBI indicated that the potential for further violence within the Patriarca Family escalated after these events. Id. ¶ 3(d). At the same time, the FBI was receiving information that new members might soon be inducted into the Patriarca Family. Id. II 3(e). Among those viewed by the FBI as possible candidates for induction was Vincent Federico. Id. ¶ 3(f). Federico, who was then serving a Massachusetts sentence for murder, was considered by the FBI to be a close associate and potential gunman for Ferrara. Id. During the summer of 1989, the government also had information that various purported members of the Patriarca Family, including Joseph Russo, Vincent Ferrara, and Robert Carrozza, were suspicious that efforts were being made to intercept their communications. Steffens Aff. p. 56-66. Therefore, these individuals, among others, arranged to communicate in varying places which would be both difficult to predict and to subject to electronic surveillance. Id. In early July, 1989, Steffens began preparing an affidavit to document the efforts of Russo, Ferrara, and Carrozza to thwart efforts to intercept their conversations in anticipation of seeking authorization to conduct roving electronic surveillance of those individuals. Supplemental Affidavit of Diane M. Kottmyer, Assistant United States Attorney, dated March 6, 1991, If 2 (“Kottmyer Supp.Aff.”). By October 20, 1989, the government believed an induction ceremony might take place in the next few weeks. Ring Aff. ¶ 3(g). Because of this information, among other things, a decision was made to seek a warrant authorizing roving electronic surveillance of Russo, Ferrara, and Carrozza. Id. ¶ 3(i). The government also decided to seek a similar warrant in Rhode Island concerning Nicholas Bianco, another alleged Patriarca Family member. Kottmyer Supp.Aff. 113. In October, 1989, the Department of Justice had an established procedure for obtaining authorization to apply for a judicial warrant to conduct electronic surveillance pursuant to Title III. Id. 11 5. This procedure required consultation with the appropriate United States Attorney; submission to Department of Justice headquarters in Washington, D.C. of a proposed application, affidavit, and order; review at headquarters and revisions if suggested by such review; and the approval of the Attorney General or his designee. Id. This process usually took about two weeks. Id. at 116. It could, however, be expedited. Id. Indeed, the United States Attorney’s Manual stated, in pertinent part, that “in emergency situations, or otherwise where time [was] of the essence,” materials could be faxed from the field to headquarters. United States Attorney’s Manual, ¶ 9-7.113. In this case, on the morning of Tuesday, October 24, 1989, the necessary papers, including the proposed Application and Steffens’ Affidavit, were hand-delivered to the Department of Justice as part of an effort to obtain expedited authorization to apply to the court for a roving intercept order targeted at Russo, Ferrara, and Carrozza. Ring Aff. 113(h). Steffens’ Affidavit detailed considerable information indicating that Russo, Ferrara, and Carrozza, among others, were very concerned about being subject to electronic surveillance and were structuring their communications to frustrate any effort to intercept them. Steffens Aff. pp. 13-66. This information came from confidential informants, visual surveillance, and tape recordings made in an earlier undercover operation. Id. The affidavit indicated that the proposed targets of the roving intercept attempted to frustrate possible electronic surveillance by not discussing criminal activity on the telephone, not using any site regularly for such discussions, and by often meeting outdoors. Steffens’ Affidavit also described in considerable detail some—but not all—of the information known to the government which indicated that there was probable cause to believe the principals to be targeted had engaged in murder, as well as other illegal activity, on behalf of the Patriarca Family and that the proposed roving electronic surveillance was necessary and appropriate to the investigation of their past and continuing criminal conduct. For example, Steffens’ Affidavit included detailed information concerning the targets’ possible involvement with the shootings of Grasso and Salemme, Steffens Aff. pp. 13-47, and interstate travel in furtherance of illegal gambling, Steffens Aff. pp. 47-56. Steffens’ Affidavit made no mention, however, of the possible Mafia induction ceremony which had significantly influenced the decision to seek judicial approval to conduct roving interceptions of Russo, Ferrara, and Carrozza. The omission from Steffens’ Affidavit of any reference to a possible Mafia induction ceremony was deliberate. Second Supplemental Affidavit of Diane M. Kottmyer, Assistant United States Attorney, dated March 18, 1991 ¶¶ 1, 2 (“Kottmyer Second Supp.Aff.”). At the time the affidavit was submitted to the Department of Justice, Kottmyer believed that there was sufficient information to establish the probable cause that criminal conversations would be captured, which is required to obtain a warrant, without relying upon the information concerning the possible induction ceremony. Id. 112. The government was concerned, however, that if communications were intercepted and Steffens’ Affidavit was furnished to members of the Patriarca Family, any information it contained relating to a possible induction ceremony might be valuable in their ongoing effort to identify informants. Id. fí 1. The government then had valid reasons to believe that the Patriarca Family had historically been willing to use violence and other illegal means to obstruct investigations and prosecutions. See, e.g., Angiulo, 847 F.2d at 961-62; Cintolo, 818 F.2d at 980; United States v. DiGiacomo, 746 F.Supp. 1176, 1186 (D.Mass.1990). Thus, the government was anxious not to jeopardize the safety of its informants by unnecessarily compromising their confidentiality. Kottmyer Second Supp.Aff. ¶ 2. At the time the government decided not to mention the possible Mafia induction ceremony in Steffens’ Affidavit, it had no information concerning the site for any such ceremony. Ring Aff. ¶ 3(i); Testimony of Diane Kottmyer on March 25, 1991 (“Tr.”) at 31, 37. Thus, the information omitted was initially relevant to whether the probable cause requirements of Title III were satisfied, but did not then relate to the special question raised by a request for a roving intercept—whether it was practical to specify the place to be bugged if a warrant issued. On Thursday, October 26, 1989, however, the FBI learned that a ceremony to induct new members into the LCN would take place on Sunday, October 29, 1989. Ring Aff. If 3(i); Tr. at 63, 64, 103. One source said the ceremony would occur at 11:00 a.m., near Wellington Circle in Medford, Massachusetts. Ring Aff. ¶ 3(i); Tr. at 63, 64, 103. Suspecting that any induction ceremony might include making Federico a member of the LCN, later that day the FBI contacted the Massachusetts Department of Corrections and, as it had done in the past, inquired about Federico’s status. Ring Aff. 113(j). The FBI was informed that Federico had applied for a 28 hour furlough, beginning on the morning of Sunday, October 29, 1989. Id. The FBI did not seek to influence whether Federico’s request for a furlough would be granted. Id. On the morning of Friday, October 27, 1989, Kottmyer had delivered to Judge Nelson copies of her Application, Steffens’ Affidavit and a proposed Order, which the Department of Justice had not yet approved for formal submission. Kottmyer Supp.Aff. II7; Tr. at 37. As Judge Nelson was told, the documents were furnished for his review in anticipation of Department of Justice approval later that day. Kottmyer Supp.Aff. 117. Also on the morning of Friday, October 27, 1989, the FBI obtained Federico’s furlough application. Ring Aff. II 3(k). The application stated that Federico intended to be at his sister’s residence at 34 Guild Street, Medford, Massachusetts on Sunday, October 29, 1990, from 11:30 a.m. to 2:30 p.m. Id. The FBI was not previously aware of the 34 Guild Street address as a potential site for the roving electronic surveillance. Id.; Tr. at 74, 79, 134. The FBI promptly placed 34 Guild Street under observation, in part from the home of an FBI agent who lived on Guild Street. Ring Aff. 113(1); Tr. at 74, 78-79, 147. At about 12:53 p.m. on October 27, 1989, Russo, Ferrara and Angelo Mercurio, another alleged member of the Patriarca Family, were observed driving away from 34 Guild Street in a vehicle later identified as belonging to Federico’s brother-in-law, Stephan DiStefano, who resided at 34 Guild Street. Ring Aff. ¶ 3(1).; Tr. at 80-82, 149. The information concerning 34 Guild Street which the FBI had acquired on Friday, October 27, 1989, was communicated to Kottmyer before Department of Justice approval of the Application for a roving intercept order was received. By 1:00 p.m., there was probable cause to believe that on October 29, 1989, the residence at 34 Guild Street would be used for the induction of new members into the Patriarca Family and for the discussion of criminal activity. Thus, it was then possible to specify one location which there was probable cause to believe was about to be used in connection with the conduct of an illegal RICO enterprise and at which communications could be intercepted pursuant to a warrant authorizing electronic surveillance. At the same time, the information in Steffens’ Affidavit concerning the efforts of Russo, Ferrara, and Carrozza, among others, to evade electronic surveillance demonstrated that there was a significant risk that 34 Guild Street would not actually be used for the anticipated induction ceremony. Steffens Aff. pp. 56-66. More specifically, as the Affidavit amply indicated, the targets of the proposed roving interception order had shown a tendency to arrange their conversations to frustrate any efforts to intercept them. Ring Aff. ¶ 3(o). The FBI believed that the inherent possibility of a late change in location was enhanced by the sensitivity to security which the LCN would attach to an induction ceremony. Id. The FBI was also concerned that inaccurate information concerning an induction ceremony might have been disseminated as part of an LCN effort to identify informants. Id. Thus, the FBI was skeptical that 34 Guild Street would prove to be the location of a Mafia induction ceremony. Id. at If 3(o). In addition, while the government on October 27, 1989, had developed probable cause to believe that 34 Guild Street would soon be used once for a LCN induction ceremony, the conduct described in Steffens’ Affidavit, among other things, provided valid reasons for the FBI to believe Russo, Ferrara, and Carrozza would continue to use various other, changing locations to discuss criminal activity. The government did not revise the proposed Application, Affidavit, and Order it had provided Judge Nelson for his review that morning. It would not, however, have been impossible or impractical to do so. Rather, the Department of Justice faxed its approval of the original application and associated documents to Kottmyer at 6:11 p.m. on Friday, October 27, 1989. Kottmyer Supp.Aff. ¶ 6. Kottmyer and Steffens promptly met with Judge Nelson. Id. ¶ 8. In the judge’s presence, Kottmyer signed the Application previously furnished and Steffens, under oath, signed his Affidavit in its original form. Id. The Application and Steffens’ Affidavit disclosed prior applications for electronic surveillance concerning the principals targeted by the request for a roving intercept order—Russo, Ferrara, and Carrozza. The submissions did not, however, provide such information for other individuals who the government said it had probable cause to believe were engaged in the enumerated offenses, but did not identify as being expected to be overheard if the Order issued. Application UU 5 and 6; see also Section IV.4, infra, amplifying these facts. Kottmyer limited the disclosure of prior applications for electronic surveillance to the three principals because she, in good faith, reasonably but erroneously believed this was all that was legally required. Kottmyer Aff. 114, 6. The Application and Steffens’ Affidavit also did not disclose that essentially the same information they contained had recently been used to obtain a warrant from a district judge in Springfield, Massachusetts for electronic surveillance of the automobile of Gaetano Milano, another alleged member of the Patriarca Family being investigated in connection with many of the same crimes as Russo, Ferrara, and Carrozza, including the Grasso murder. Nor did the government inform Judge Nelson that an authorization for a roving intercept was being simultaneously sought in Rhode Island to investigate Bianco’s involvement in the same matters. These matters were not mentioned because Kottmyer, correctly and in good faith, did not believe their disclosure to be required. Kottmyer Supp. Aff. 1110; see also section IV.3, infra, amplifying these facts. In any event, neither the Milano nor Bianco orders resulted in any interceptions. Kottmyer Supp.Aff. 1111. More significantly, however, the Application and Affidavit executed before Judge Nelson on October 27, 1989 still made no mention of the possibility of intercepting an LCN induction ceremony or of the information obtained that day concerning 34 Guild Street as the intended location for that event. Thus, the documents submitted to obtain judicial approval for the roving intercept did not contain “a full and complete statement” as to why it was, in the government’s view, not practical to specify the place where oral communications would be intercepted pursuant to the warrant being sought. Indeed, at the time Steffens’ Affidavit was signed, it was a misstatement for him to continue to assert that “[sjpecification of the location where such communications are to be intercepted is not practical because, as set forth in Part IV infra [Russo, Ferrara, Carrozza] and their associates use various and changing meeting places in the District of Massachusetts with intent to avoid the oral interceptions of those meetings.” Steffens Aff. ¶ 4(g), p. 6 (emphasis added). Similarly, it was incorrect for Steffens to continue to state that “the extraordinary technique of electronic surveillance of a specific location or telephone is not available in this instance due to the techniques, described in this affidavit, that the targets have employed to thwart such coverage.” Id. 1174(g). These misstatements in Steffens’ Affidavit were not corrected. Kottmyer did, however, tell Judge Nelson that interceptions might take place that weekend and that, as contemplated by the proposed Order she had submitted, he would be notified in advance, if possible, of any surreptitious entry made in execution of his Order. Kottmyer Supp.Aff. U 8; Tr. at 95, 108-112; Steffens 302 Report of Investigation on 10/27/89. Although this statement suggested that the government had information concerning a possible location of an imminent meeting which was not included in its written submission, the judge did not request any elaboration. Rather, he gave Kottmyer his home telephone number, said he would be unavailable on Saturday afternoon, and stated that if he could not be reached before any entry, he should, as also provided by the proposed Order, be notified as soon thereafter as possible. Kottmyer Supp.Aff. 118. Kottmyer also told the judge that the targets might be indicted before the 30 day period of the requested warrant expired, but if that occurred intercepts would immediately terminate. Id. At the time Kottmyer met with Judge Nelson, she did not believe that 34 Guild Street would actually be used for a Mafia induction ceremony. Kottmyer Second Supp.Aff. II4; Tr. at 103, 134-36. Rather, she felt that her adversaries generally, and Russo particularly, had been very “savvy” in their efforts to evade electronic surveillance. Tr. at 136. She simply could not believe that they would tell Federico the location of an induction ceremony and that he would disclose the address on a furlough application. Kottmyer Second Supp. Aff. 114; Tr. at 103, 135-36. Kottmyer had been busy on the afternoon of October 27, 1989. Tr. at 158. She worked on other matters; spoke with officials of the Department of Justice in Washington, D.C. about the status of the approval for her Application and about the possible indictment of some of the present defendants; and spoke with Ring and Steffens about 34 Guild Street and other possible places roving intercept authority might be employed. Kottmyer Second Supp.Aff. 114; Tr. at 159. Kottmyer did not consciously consider whether she was required by § 2518(ll)(a)(ii) to advise Judge Nelson of the information she had recently received regarding 34 Guild Street. Tr. at 160-61. She understood that provision to require only that an application make a showing that the proposed targets were intentionally attempting to thwart electronic surveillance—which is the standard to be met to obtain a roving wiretap warrant under § 2518(ll)(b)(ii). Tr. at 131. In Kottmyer’s view, mentioning 34 Guild Street would have strengthened the evidence of an effort to frustrate electronic surveillance because it was a residence at which none of the individuals under investigation lived and which would apparently be used only once to avoid detection. Tr. at 135-36, 161-62. Nor did Kottmyer fail to mention 34 Guild Street to Judge Nelson in order to protect the identity of any informant; to avoid any snags in obtaining the warrant; or to obtain any perceived tactical advantage. Tr. at 163-64. Rather, Kottmyer considered the information concerning 34 Guild Street only in connection with her obligation under the proposed Order to advise the judge in advance, if possible, of any decision to make an entry. Tr. at 95, 108-112, 136. When she met with Judge Nelson, no decision to install a microphone at 34 Guild Street had been made and Kottmyer felt it would be premature, at best, to seek authorization to enter the residence there. Kottmyer Second Supp.Aff. ¶ 5; Tr. at 46-47, 82-85. She would, however, have identified that location if she had been asked after advising the judge that an entry might be attempted that weekend. Kottmyer Second Supp.Aff. ¶ 5; Tr. at 137. It was an error for the government not to revise its Application and Steffens’ Affidavit to include the information it had obtained concerning 34 Guild Street. As explained in sections III.3 and IV.2, infra, with regard to “probable cause,” the government is only required to furnish the court with “a full and complete statement of the facts and circumstances relied upon by the applicant.” § 2518(l)(b) (emphasis added). Thus, the government has some discretion not to rely upon—and therefore not disclose—all of the information available to it in seeking to establish probable cause. However, the obligation to make “a full and complete statement” as to why the government believes it is “impractical” to specify the place where oral conversations to be intercepted will probably occur is unqualified. The statute requires that the government tell the court everything on this issue so an independent, fully informed decision can be made as to whether it is necessary and appropriate to issue a roving intercept warrant. § 2518(ll)(a)(ii). Nevertheless, after careful consideration of all of the evidence, including an assessment of Kottmyer’s credibility, the court finds her conduct to have been in complete good faith. She did not deliberately withhold from Judge Nelson information she believed was legally required to be disclosed. In view of the fast pace at which matters were proceeding, the government’s sincere and well-founded skepticism about whether 34 Guild Street would actually be used for criminal activity, and the lack of clarity concerning whether the “full and complete statement” concerning “practicality” called for by § 2518(ll)(a)(ii) to obtain a roving warrant to intercept oral communications required more than the showing of a purpose to “thwart interception by changing facilities” called for by § 2518(ll)(b)(ii) to obtain authorization to intercept telephone conversations, Kottmyer’s conduct also did not constitute reckless disregard of her legal obligations. Kottmyer Second Supp.Aff. 11 6; Tr. at 52-53, 131; see section IV.2 infra, amplifying these facts and this analysis. In addition, the omission of the information concerning 34 Guild Street and the related misstatements in Steffens’ Affidavit were not material. Rather, the court finds that if Judge Nelson—or any reasonable judge—had been fully informed concerning the possible imminent Mafia induction ceremony and its location, he or she nevertheless would have authorized electronic surveillance of 34 Guild Street, either by signing the proposed order authorizing the roving interception in its original form or by amending it to add express authorization for 34 Guild Street as well as other, unspecified locations. More specifically, the court finds that any reasonable judge presented on a Friday evening with an Application providing probable cause to believe a Mafia induction ceremony could be intercepted that weekend would not reject a request for a roving warrant and run the risk that the opportunity would be lost while the government attempted to revise and resubmit its papers. In any event, at 6:25 p.m. on October 27, 1989, Judge Nelson endorsed the proposed Order submitted by the government. See Appendix 1. In the Order, the court found, among other things: that there was probable cause to believe Russo, Ferrara and Carrozza had committed, and were continuing to commit, crimes including murder in the conduct of a RICO enterprise, Order ¶¶ 2-4; that normal investigative techniques had either been tried without success or reasonably appeared unlikely to succeed if tried or to be too dangerous, id. 1Í7; that there was probable cause to believe evidence of the specified crimes would be obtained through electronic surveillance of oral communications involving Russo, Ferrara, or Carrozza, id. 115; and that it was not practical to specify each of the locations at which such communications would be intercepted, id. ¶ 6 (emphasis added). Thus the Order authorized the government to “intercept oral communications made by, directed to, and/or in the presence of Joseph A. Russo, Vincent M. Ferrara, and/or Robert F. Carrozza concerning [the earlier identified] offenses, at such various and changing locations.” Id. p. 5. The Order also authorized the government to enter buildings surreptitiously to install listening devices, and required that the court be notified of such entries and their location in advance if possible, or as soon thereafter as possible if advance notice were not feasible. Id. p. 6. In addition, the Order provided that no interception could occur unless visual or other surveillance indicated that Russo, Ferrara and/or Carrozza was present. Id. The authorization, by its terms, terminated after no more than 30 days. Id. Reports to the court regarding progress toward achievement of the authorized objectives and the need for continued interception were required every seven days. Id. p. 7. On the afternoon of Saturday October 28, 1989, Kottmyer and Ring spoke and decided to attempt to install listening devices at 34 Guild Street. Tr. at 85. At about 3:30 p.m., the FBI observed the DiStefanos leave their home at 34 Guild Street with their suitcases. Ring Aff. 113(q). At about 4:45 p.m., Kottmyer called Judge Nelson at his residence to inform him of the intended entry, but did not reach him. Kottmyer Aff. ¶ 3. Although she left her home telephone number, the Judge did not call back. Id. Kottmyer called and spoke with Judge Nelson in his chambers at 9:00 a.m. on Sunday, October 29, 1989. Id. She informed him that, pursuant to his Order, a surreptitious entry had been made at 34 Guild Street the previous evening and that interception would likely begin later that day. Id.; Memorandum of Diane Kottmyer dated October 30, 1989. At about 9:40 a.m. on October 29, 1989, the FBI observed Russo and Ferrara enter 34 Guild Street. Ring Aff. 113(u). Interceptions then began. Id. As a result, the government overheard and recorded a LCN induction ceremony. The intercepted conversations also included discussion of certain criminal activities of the Patriarca Family. For example, transcripts of the intercepted conversations indicate that in the presence of most of the defendants in this case, the new members swore their life-long, paramount loyalty to the LCN and acknowledged that only death would end their membership; promised not to divulge the existence or secrets of the LCN; and undertook to kill informants, including blood relatives, if instructed to do so. At about 4:30 p.m., Russo and Ferrara left 34 Guild Street and the electronic surveillance terminated. Ring Aff. 11 3(v). During the next two weeks, the FBI unsuccessfully attempted to identify other locations for electronic surveillance pursuant to Judge Nelson’s Order. Id. ¶ 3(w). This effort ended when Russo, Ferrara, and Carrozza were arrested on November 14, 1989. Id. On November 16, 1989, Russo, Ferrara, Carrozza, Lepore, and Angelo Mercurio were charged in a 57 count, 124 page Indictment alleging, among other things, that they were members of a RICO enterprise known as the Patriarca Family of the LCN. On March 22, 1990, a 65 count, 152 page Superceding Indictment was returned by the grand jury. It named Patriarca, Tortora, and Barone as additional defendants. The Superceding Indictment disclosed for the first time that the October 29, 1989 Mafia induction ceremony at 34 Guild Street had been intercepted and recorded by the government. III. The Roving Intercept Provisions Of Title III Are Constitutional As Applied To This Case 1. The statute must be analyzed as applied to this case. All of the defendants except Lepore were present and had their communications intercepted at 34 Guild Street on October 29, 1989. Each of those intercepted is an “aggrieved person” with standing to litigate this motion to suppress. See §§ 2510(11) and 2518(10)(a). The defendants contend that the roving intercept provision of Title III should be found unconstitutional on its face. More specifically, defendants contend that a roving intercept order issued pursuant to § 2518(11) may authorize the installation of listening devices at an unlimited number of locations, without any judicial finding that there is probable cause to believe that criminal conversation is about to occur at each location, and therefore would allow executing officers a degree of discretion which violates the Fourth Amendment. This court concludes, however, that the constitutionality of the roving intercept provision of Title III must be evaluated as it was implemented by the Order in this case. When so assessed, the roving intercept provision is consistent with the requirements of the Fourth Amendment. In support of their claim that the provisions at issue should be evaluated facially, defendants mention Berger v. New York, 388 U.S. 41, 87 S.Ct. 1873, 18 L.Ed.2d 1040 (1967), in which a New York wiretap statute was invalidated on its face. In Berger, however, four members of the Supreme Court objected to deciding the issue on the face of the statute, rather than as applied. 388 U.S. at 68, 87 S.Ct. at 1888 (Stewart, J., concurring in the result) (“The issue before us, as Mr. Justice White says, is ‘whether this search complied with Fourth Amendment standards.’ ”); id. at 70-71, 87 S.Ct. at 1889-90 (Black, J., dissenting); id. at 90, 87 S.Ct. at 1899 (Harlan, J., dissenting) (“The court declares without further explanation that since petitioner was ‘affected’ by [the statute], he may challenge its validity on its face. Nothing in the cases of this Court supports this wholly ambiguous standard ...”); id. at 107, 87 S.Ct. at 1908-09 (White, J., dissenting) (“I dissent from the majority’s decision which unjustifiably strikes down [the statute] ‘on its face’ Since the decision in Berger, the Supreme Court has clarified that, with some limited exceptions, when the constitutionality of a statute is challenged, the question to be decided is whether the statute is unconstitutional as applied in the particular case. Broadrick v. Oklahoma, 413 U.S. 601, 610, 93 S.Ct. 2908, 2914, 37 L.Ed.2d 830 (1973). As the Court has stated: Embedded in the traditional rules governing constitutional adjudication is the principle that a person to whom a statute may constitutionally be applied will not be heard to challenge the statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the Court____ [This rule] reflects] the conviction that under our constitutional system courts are not roving commissions assigned to pass judgment on the validity of the Nation’s laws. See Younger v. Harris, 401 U.S. 37, 52 [91 S.Ct. 746, 754, 27 L.Ed.2d 669] (1971). Constitutional judgments, as Mr. Chief Justice Marshall recognized [in Marbury v. Madison, 5 U.S. (1 Cranch) 137, 178, 2 L.Ed. 60 (1803) ] are justified only out of the necessity of adjudicating rights in particular cases between the litigants brought before the court. Id. at 610-11, 93 S.Ct. at 2915. Consistent with this rule, the Supreme Court refused to invalidate on its face the pretrial detention provisions of the Bail Reform Act of 1984. United States v. Salerno, 481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987). As the Court stated in addressing this issue: The fact that the Bail Reform Act might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid since we have not recognized an “over-breadth” doctrine outside the limited context of the First Amendment. Id. at 745, 107 S.Ct. at 2100. See also Schall v. Martin, 467 U.S. 253, 268 n. 18, 104 S.Ct. 2403, 2412 n. 18, 81 L.Ed.2d 207 (1984) (“More fundamentally, this sort of attack on a criminal [bail] statute must be made on a case-by-case basis____ [0]ut-side the limited First Amendment context, a criminal statute may not be attacked as overbroad.”). Indeed, the Supreme Court has indicated that even when statutes have been invalidated in part because of their chilling effect on First Amendment rights: [T]he statutes [at issue] were unconstitutional as applied to the defendants’ conduct, but they were also unconstitutional on their face because it was apparent that any attempt to enforce such legislation would create an unacceptable risk of the suppression of ideas. In cases of this character a holding of facial invalidity expresses the conclusion that the statute could never be applied in a valid manner. Such holdings invalidated entire statutes, but did not create any exception from the general rule that constitutional adjudication requires a review of the application of a statute to the conduct of the party before the Court. City Council v. Taxpayers for Vincent, 466 U.S. 789, 797-98, 104 S.Ct. 2118, 2124-25, 80 L.Ed.2d 772 (1984) (footnotes omitted) (emphasis added). The defendants claim that their First Amendment rights are implicated in this case because the roving intercept was directed at capturing a Mafia induction ceremony, which they say involved defendants’ freedom of assembly, association and speech. See, e.g., United States v. Apker, 705 F.2d 293, 301 (8th Cir.1983) (First Amendment rights are implicated, but do not invalidate search relating to “Hells Angels”), cert. denied, 465 U.S. 1005, 104 S.Ct. 996, 79 L.Ed.2d 229 (1984); United States v. Rubio, 727 F.2d 786, 792 (9th Cir.1984) (same). It is, however, doubtful that the Patriarca family enjoys such protection. As of October, 1989, the Patriarca family of the LCN had been proven to be a RICO enterprise in earlier cases. See Angiulo, 897 F.2d at 1176; Zannino, 895 F.2d at 3; Angiulo, 847 F.2d at 960. As the Court of Appeals said in Apker, “(n)ot all associations of individuals implicate the right of association. For instance, [there are no] cases finding criminal conspiracies themselves within the realm of the freedom of association.” 705 F.2d at 301 n. 8. Similarly, it is doubtful that RICO enterprises are within the realm of freedom of association. Thus, it is questionable whether First Amendment rights are implicated in this case. Even assuming, however, that there is associational activity protected by the First Amendment at issue here, this court concludes that it is not appropriate to evaluate the constitutionality of 18 U.S.C. § 2518(11) solely on its face, or exclusively on the basis of its potential effect in hypothetical cases. Rather, as the Court of Appeals for the First Circuit has said in the context of a conspiracy case: The fact that a seemingly normal criminal statute, by virtue of its prohibition of conspiracy and crime counseling, may in some instances apply to affect freedom of association or freedom of speech does not invalidate the statute. See United States v. O’Brien, 391 U.S. 367 [88 S.Ct. 1673, 20 L.Ed.2d 672] (1968). The court’s obligation is, rather, to make sure that such a statute does not improperly infringe upon speech in any particular instance. United States v. Spock, 416 F.2d 165, 173 n. 20 (1st Cir.1969); see also United States v. Rowlee, 899 F.2d 1275, 1278 (2d Cir.) (First Amendment does not provide a defense to conspiracy charge where speech “ ‘is an integral part of conduct in violation of a valid criminal statute.’ ”) (quoting New York v. Ferber, 458 U.S. 747, 761-62, 102 S.Ct. 3348, 3357, 73 L.Ed.2d 1113 (1982)), cert. denied, — U.S. -, 111 S.Ct. 87, 112 L.Ed.2d 59 (1990). Accordingly, it is necessary to evaluate the constitutionality of the roving intercept provisions of Title III as they apply to the circumstances of this case. More specifically, while the court recognizes that a limited execution of an overly broad warrant may not validate a search, it is necessary to evaluate the constitutionality of § 2518(1 l)(a) in the context of the Order implementing it in this case. For the reasons explained in the remainder of this section, such analysis indicates that the roving intercept provisions are constitutional as applied in this case. 2. The purposes of the Fourth Amendment and its evolving application to electronic surveillance. The question whether § 2518(11) violates the Fourth Amendment requires consideration of the origins of the Amendment and its evolution, particularly as it has been construed concerning electronic surveillance. As set forth below, viewed in this context, the roving intercept provision of Title III is constitutional as applied in this case. The origin of the Fourth Amendment lies largely in the primary causes of the American Revolution. The Amendment was a response to the general warrants and writs of assistance which were “a motivating factor behind the Declaration of Independence.” Berger, 388 U.S. at 58, 87 S.Ct. at 1883. The general warrant specified only an offense—typically seditious libel—and left to the discretion of the executing officials the decision as to which persons should be arrested and which places should be searched. Similarly, the writs of assistance used in the Colonies noted only the object of the search—any uncustomed goods—and thus left customs officials completely free to search any place where they believed such goods might be. Steagald v. United States, 451 U.S. 204, 221, 101 S.Ct. 1642, 1652, 68 L.Ed.2d 38 (1981). As the Supreme Court in Steagald recognized, the searches and seizures which spawned the Fourth Amendment were often aimed at political dissidents. Id.; see also Stanford v. Texas, 379 U.S. 476, 85 S.Ct. 506, 13 L.Ed.2d 431 (1965); Entick v. Carrington, 19 How.St.Tr. 1029 (1765). Such searches were especially offensive because they typically involved “the ransacking by Crown officers of the homes of citizens in search of evidence of crime or illegally imported goods.” Frank v. Maryland, 359 U.S. 360, 363, 79 S.Ct. 804, 807, 3 L.Ed.2d 877 (1959). The Fourth Amendment was a direct response to these abuses. Id. As Attorney General Edward H. Levi testified in 1975: The words of the Fourth Amendment are mostly the products of James Madison. His original version appeared to be directed solely at the issuance of improper warrants. Revisions accomplished under circumstances that are still unclear transformed the Amendment into two separate clauses. The change has influenced our understanding of the nature of the rights it affects. The National Security