Senate Hearings, supra note 15. vol. 1 at 665 (remarks of Clarence bf. KcUe). r: Comptroller General's Report, supra note 33, at 10; Jones, supn notc 29

A host of state and federal courts, relying on both privacy notions and the presumption of innocence, have begun to develop a line of cases holding that there are substantive limits on the power of the government to disseminate unresolved arrest records outside the law enforcement system,

In Menard's case, however, the FBI had, shortly after the commencement of the law suit, changed its records to indicate that Menard had been "de-, tained," rather than arrested

The FBI cannot take the position that it is a mere passive recipient of records received from others, when it in fact energizes those records by maintaining a system of criminal files and disseminating the criminal records widely, acting in effect as a step-up transformer that puts into the system a capacity for both good and harm.

—on statutory grounds limited the dissemination of arrest and conviction records to state law enforcement agencies and the federal government.

—nor does it allege that any information, whether accurate and complete or not, has been disseminated to unauthorized persons

Courts have demonstrated sensitivity to the first amendment and privacy problems surrounding the disclosure of personal information.