AIR FORCE REGULATION 205-2 (19 May 1955) Sections C & D

SECTION C - PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS

11. Photographing and Sketching Defense Installations:

a. Whenever, in the interests of national defense, the President defines certain vital military and naval installations or equipment as requiring protection against the general dissemination of information relative thereto, it shall be unlawful to make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first obtaining permission of the commanding officer of the military or naval post, camp, or station, or naval vessels, military and naval aircraft, and any separate military or naval command concerned, or higher authority, and promptly submitting the product obtained to such commanding officer or higher authority for censorship or such other action as he may deem necessary.

b. Whoever violates the statute cited in this paragraph shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(See Act of June 25, 1948. (62 Stat. 737); 18 U.S.C. 795.)

12. Use of Aircraft For Photographing Defense Installations: Whoever uses or permits the use of an aircraft or any contrivance used or designed for navigation or flight in the air for the purpose of making a photograph, sketch, picture, drawing, map, or graphical representation of vital military or naval installations or equipment in violation of the statute cited in paragraph 11 shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(See Act of June 25, 1948. (62 Stat. 738); 18 U.S.C. 796.)

13. Publication and Sale of Photographs of Defense Installations:

On and after 30 days from the date upon which the President defines any vital military or naval installation or equipment as being within the category contemplated in the statute cited in paragraph 11, whoever reproduces, publishes, sells or gives away any photograph, sketch, picture, drawing, map, or graphical representation of the vital military or naval installations or equipment so defined, without first obtaining permission of the commanding officer of the military or naval post, camp, or station concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated thereon that it has been censored by the proper military or naval authority, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (See Act of June 25, 1948. (62 Stat. 738); 18 U.S.C. 797.)

14. Definition of Certain Vital Military and Naval Installations and Equipment: In implementation of sections 795 and 797, title 18, United States Code (see paragraphs 11 and 13), the President, by Executive Order 10104, 1 February 1950, defined the following as vital military and naval installations or equipment requiring protection against the general dissemination of information relative thereto:

a. All military, naval, or Air Force installations and equipment which are now classified, designated, or marked under the authority or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as "TOP SECRET," "SECRET," "CONFIDENTIAL," or "RESTRICTED" and all military, naval, or Air Force installations and equipment which may hereafter be so classified, designated, or marked with the approval or at the direction of the President, and located within:

(1) Any military, naval, or Air Force reservation, post, arsenal, proving ground, range, mine field, camp, base, airfield, fort, yard, station, district, or area.

(2) Any defensive sea area heretofore established by Executive Order and not subsequently discontinued by Executive Order, and any defensive sea area hereafter established under authority of section 2152 of title 18 of the United States Code.

(3) Any airspace reservation heretofore or hereafter established under authority of section 4 of the Air Commerce Act of 1926 (44 Stat. 570; 49 U.S.C. 174) except the airspace reservation established by Executive Order 10092, 17 December 1949.

(4) Any naval harbor closed to foreign vessels.

(5) Any area required for fleet purposes.

(6) Any commercial establishment engaged in the development or manufacture of classified military or naval arms, munitions, equipment, designs, ships, aircraft, or vessels for the United States Army, Navy, or Air Force.

b. All military, naval, or Air Force aircraft, weapons, ammunitions, vehicles, ships, vessels, instruments, engines, manufacturing machinery, tools, devices, or any other equipment whatsoever, in the possession of the Army, Navy, or Air Force or in the course of experimentation, development, manufacture, or delivery for the Army, Navy, or Air Force which are now classified, designated, or marked under the authority or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force as "TOP SECRET," "SECRET," "CONFIDENTIAL," or "RESTRICTED," and all such articles, materials, or equipment which may hereafter be so classified, designated, or marked with the approval or at the direction of the President.

c. All official military, naval, or Air Force books, pamphlets, documents, reports, maps, charts, plans, designs, models, drawings, photographs, contracts, or specifications which are now marked under the authority or at the direction of the President, the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary or the Air Force, as "TOP SECRET," "SECRET," "CONFIDENTIAL," or "RESTRICTED," and all such articles or equipment which may hereafter be so marked with the approval or at the direction of the President. (NOTE: "RESTRICTED" category has been abolished by Executive Order 10501, 5 Nov. 1953.)

15. Jurisdiction. The provisions of the Statutes cited in paragraphs 11, 12 and 13 shall apply within the admiralty and maritime jurisdiction of the United States and on the high seas, as well as within the United States. (See Act of June 25, 1948 (62 Stat. 736); 18 U.S.C. 791.)

16. Panama Canal Zone. Section 15 of title 2, Canal Zone Code approved 12 December 1941 (Act of December 12, 1941 (55 Stat. 798); 48 U.S.C. 1337) confers upon the Governor of the Panama Canal the authority to make, and from time to time alter and amend, regulations prohibiting or restricting:

a. The making of any photograph, sketch, drawing, map, or graphical representation of, within or upon any such part or feature of the Panama Canal, or any such area, object, installation, or structure within the Canal Zone; and

b. The possession of any camera within any area or areas in the Canal Zone which the Governor may designate: Provided, however, that no regulation made pursuant to authority contained in this paragraph shall apply to activities of the kind covered by this paragraph which are conducted or performed by persons in the service or employ of the United States in the course of their official duties. The amendment makes punishable by fine, imprisonment, or both, violation of regulations established thereunder. Pursuant to the foregoing law, the Governor of the Panama Canal has issued regulations prohibiting the photographing of certain areas, objects, or structures, establishing areas within which photographing is prohibited, and establishing certain areas within which the possession of cameras is prohibited.

17. Photographing, Sketching, Mapping, Etc., Military or Naval Reservations, Properties, or Equipment, Etc., as Unlawful. Whoever, except in performance of duty or employment in connection with the national defense, shall knowingly and willfully make any sketch, photograph, photographic negative, blueprint, plan, map, model, copy, or other representation of any navy yard, naval station, or of any military post, fort, camp, station, arsenal, airfield, or other military or naval reservation, or place used for national defense purposes by the Department of the Army or Navy Department, or of any vessel, aircraft, installation, equipment, or other property whatsoever, located within any such post, fort, camp, arsenal, airfield, yard, station, reservation, or place, or in the waters adjacent thereto, or in any defensive sea area established in accordance with law; or whoever, except in performance of duty or employment in connection with the national defense, shall knowingly and willfully make any sketch, photograph, photographic negative, blueprint, plan, map, model, copy, or other representation of any vessel, aircraft, installation, equipment, or other property relating to the national defense being manufactured or under construction or repair for or awaiting delivery to the Department of the Army or Navy Department or the government of any country whose defense the President deems vital to the defense of the United States under any contract or agreement with the United States or such country or otherwise on behalf of the United States or such country, located at the factory, plant, yard, storehouse, or other place of business of any contractor, subcontractor, or other person, or in the waters adjacent to any such place, shall be punished as provided in the statute cited in paragraph 19. (See section 1, Act of June 25, 1942 (56 Stat. 390); 50 U.S.C. App. 781, as amended by Public Law 46 - 83rd Congress, Act of June 4, 1953 (67 Stat. 41); 50 U.S.C. App. 785.)

18. Permission To Photograph, Sketch, Map, Etc. Notwithstanding the provisions of the statute cited in paragraph 17, the Secretary of the Army or the Secretary of the Navy is authorized, under such regulations as he may prescribe, to permit photographs, sketches, or other representations to be made when, in his opinion, the interests of national defense will not be adversely affected thereby. (See section 2, Act of June 25, 1942 (56 Stat. 391); 50 U.S.C. App. 782, as amended by Public Law 46 - 83rd Congress, Act of June 4, 1953 (67 Stat. 41); 50 U.S.C. App. 785.)

19. Penalties for Violations. Any person found guilty of a violation of the statutes cited in paragraphs 17 and 18 above, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (See section 3, Act of June 25, 1942 (56 Stat. 391) 50 U.S.C. App. 783, as amended by Public Law 46 - 83rd Congress, Act of June 4, 1953 (67 Stat. 41); 50 U.S.C. App. 785.)

20. Effective Dates of the Statutes Cited in Paragraphs 17 and 18. The statutes cited in paragraphs 17 and 18 shall be effective until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2914, 3 C.F.R., 1950 Supp., p.71). (See Public Law 46, 83rd Congress, Act of June 4,1953 (67 Stat. 41); 50 U.S.C. App. 785.)
(NOTE: The Statutes referred to above were still in effect as of the date of publication of this Regulation.)

21. Regulation Under Act of June 25, 1942, as Amended by Public Law 46,83rd Congress, Act of June 4, 1953; Paragraphs 17 through 20 Hereof. The following regulation is promulgated by the Secretary of the Air Force pursuant to section 2, Act of June 25, 1942 (as amended by Public Law 46 - 83rd Congress, Act of June 4, 1953); applicable to the Air Force by virtue of sec. 305(a) of the National Security Act of 1947, as amended (61 Stat. 495), and Transfer Order Number 40 promulgated thereunder. (See paragraph 18 hereof):

a. Sketches, photographs, photographic negatives, blueprints, plans, maps, models, copies or other representations, may be made of any area, place, property, or thing, described in the Act of Congress approved 25 June 1942, supra, only upon the expressed permission of the Secretary or his authorized representative having jurisdiction of the subject matter. Such permission will be granted only if the interests of national defense will not be adversely affected thereby.

b. The authorized representatives who may grant the necessary permission are: Any commander of a major air command, Office of Information Services, OSAF, or any commander of a base or installation.

SECTION D-RADIO AND WIRE COMMUNICATION

22. Unauthorized Publication or Use of Communications. No person receiving or assisting in receiving, or transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, or to the master of a ship under whom he is serving, or in response to a subpoena issued by a court of competent jurisdiction, or on demand of other lawful authority; and no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person; and no person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by wire or radio and use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto; and no person having received such intercepted communication or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such information was so obtained, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto: Provided, that this paragraph shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication broadcast, or transmitted by amateurs or others for the use of the general public; or relating to ships in distress. (See section 605, Act of June 19, 1934 (48 Stat. 1103); 47 U.S.C. 605.)

23. General Penalty. Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in the statutes cited in paragraphs 22, 25, and 26 prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in the statutes cited in paragraphs 22, 25, and 26 required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided, by a fine of not more than $10,000 or by imprisonment for a term of not more than two years, or both. (See section 501, Act of June 19, 1934 (48 Stat. 1100); 47 U.S.C. 501 amended by Act of March 23, 1954 (68 Stat. 30); 47 U.S.C. 501.)

24. Violation of Rules, Regulations, Etc. Any person who willfully and knowingly violates any rule, regulation, restriction, or condition made or imposed by the Federal Communications Commission under authority of the Statutes cited in paragraphs 22, 25, and 26, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is or may hereafter become a party, shall, in addition to any other penalties provided by law, be punished, upon conviction thereof, by a fine of not more than $500 for each and every day during which such offense occurs. (See section 502, Act of June 19, 1934 (48 Stat. 1100); 47 U.S.C. 502.)

25. Powers and Duties of Commission:

a. Except as otherwise provided in the Communications Act of 1934, the Federal Communications Commission from time to time, as public convenience, interest, or necessity requires, shall:

"(m) (1) Have authority to suspend the license of any operator (radio) upon proof sufficient to satisfy the Commission that the licensee * * *

"(C)      has willfully damaged or permitted radio apparatus or installations to be damaged; or has transmitted superfluous radio communications or signals * * * or has knowingly transmitted-

"(1)       false or deceptive signals or communications, or

"(2)       a call signal or letter which has not been assigned by proper authority to the station he is operating; or

"(E)       has willfully or maliciously interfered with any other radio communications or signals; * * *

(See section 303, Act of June 19, 1934 (48 Stat. 1082), as amended by sections 5 and 6 (a and b), Act of May 20, 1937 (50 Stat. 190, 191; 47 U.S.C. 303).)

NOTE: The Rules and Regulations of the Federal Communications Commission also prohibit the acts mentioned above in this paragraph.

b. On 14 June 1940, the Federal Communications Commission issued a formal notice to all classes of commercial radio operators reading as follows:

"On 10 June 1940, the Commission issued a warning specifically addressed to ship radio operators and ship station licensees against the transmission of superfluous, unnecessary or unidentified communications. The purpose of this notice is to emphasize the importance of strict compliance with the previous notice and at the same time to call attention specifically that the provisions of statute and, treaty prohibiting the transmission of superfluous, unnecessary or unidentified communications apply to all commercial operators as well as those communicating from ship stations.

"The Radio Regulations annexed to the International Telecommunications Convention (Atlantic City, 1947) to which this Government is a party, and the Communications Act of 1934, specifically prohibit the transmission of superfluous, unnecessary or unidentified communications. The Commission intends to uphold vigorously these provisions of law and treaty and will hold all commercial radio operators and station licensees strictly accountable for any violation."

26. Powers of the President Under the Communications Act of 1934, as Amended:

a. During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this chapter. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction.

b. It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 17 of Title 15 or section 52 of Title 29.

c. Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, which is suitable for use as a navigational aid beyond five miles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device and/or its apparatus and equipment, by any department of the Government under such regulations as he may prescribe upon just compensation to the owners. The authority granted to the President, under this subsection, to cause the closing of any station or device and the removal therefrom of its apparatus and equipment, or to authorize the use or control of any station or device and/or its apparatus and equipment, may be exercised in the Canal Zone.

d. Upon proclamation by the President that there exists a state or threat of war involving the United States, the President, if he deems it necessary in the interest of the national security and defense, may, during a period ending not later than six months after the termination of such state or threat of war and not later than such earlier date as the Congress by concurrent resolution may designate, (1) suspend or amend the rules and regulations applicable to any or all facilities or stations for wire communication within the jurisdiction of the United States as prescribed by the Commission, (2) cause the closing of any facility or station for wire communication and the removal therefrom of its apparatus and equipment, or (3) authorize the use or control of any such facility or station and its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners.

e. The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 41 of Title 28, or by section 250 of Title 28.

f. Nothing in c or d above shall be construed to amend, repeal, impair, or affect existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks and bonds by any communication system or systems.

g. Nothing in c or d above shall be construed to authorize the President to make any amendment to the rules and regulations of the Commission which the Commission would not be authorized by law to make; and nothing in d above shall be construed to authorize the President to take any action the force and effect of which shall continue beyond the date after which taking of such action would not have been authorized.

h. Any person who willfully does or causes or suffers to be done any act prohibited pursuant to the exercise of the President's authority under this paragraph, or who willfully fails to do any act which he is required to do pursuant to the exercise of the President's authority under this paragraph, or who willfully causes or suffers such failure, shall, upon conviction thereof, be punished for such offense by a fine of not more than $1,000 or by imprisonment for not more than one year, or both, and, if a firm partnership, association, or corporation, by fine of not more than $5,000, except that any person who commits such an offense with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.

(See section 606, Act of June 19, 1934 (48 Stat. 1104), as amended; 47 U.S.C. 606.)

NOTE: In the interpretation of the foregoing statutory provisions, the date 25 July 1947 shall be deemed to be the date of the termination of any state of war heretofore declared by the Congress.

(See section 3, Joint Resolution of 25 July 1947 (61 Stat. 451).)

On 16 December 1950, the President declared that a national emergency existed.

(See Proc. No.2914; 15 F. R. 9029; Sec. 1, AF Bul 55, 1950.)