MY DEAR MR. EBERSTANDT:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000020075-9
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: November 16, 2000
• Sequence Number: 75
• Publication Date: September 14, 1948
• Content Type: LETTER

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*OGC Has Reviewed*
14 SE.1-' 1948
tadt
ttee an National
Organization
Organization of
ranch of Government
N W
, ? ?
My dear Mr. Eberstadti
On Friday, there was raised the question of security
of information relating to the national defense and the
laws, anaoted or proposed, to protect this security. In
accordance with your request, the following reflects our
views an this problem.
The comments below are addressed primarily to a pro.
posed amendment to the Espionage Act and acts relating to
the national security, which is now in the Bureau of the
Budget but has not yet been submitted to the Congress. This
proposed legislation is not sponsored by CIA nor, indeed,
were we consulted in the drafting of it. Consequently,
our views as set forth, here are made freely from our point
of view alone and do not constitute an official concurrence
or objection to the proposed bill.
I might point out here that my views on the problem
of security are inevitably influenced to some extent by
the feet that, as Director of Central Intelligence, I am
held responsible for protecting intelligence sources and
methods from unauthorized disclosure (section 102(c) of
the National Security Act of 1947). I am deeply conscious
of the heavy responsibility so placed upon me and realize
that I need all the assistance the law can give to carry
it out successfully. am also aware, however, that tm.
portant as security may be in the national interest, it is
seeond to the basic rights of free speech and civil liberty.
It is necessary, therefore, to searah for a balance between
the two which will be adequate to serve the interests of
national security without infringing unduly on the essential
liberties.
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tion or the ppo4 bill apparent
up sections I and 4 of the azi
110804, al 50, The presont &ec
81. OD ?r ttept to
sive t t of
ing to ,,,he not
physical items
o defetse. paron,t,
old law e porson nit
roly p8 Med on
oil r* to an untothor
be- p'cciuted ndor thin section.
desirabl change in the law teh doe
po but ,e rel clostua. a toohnioal loo
he same offense that to nor on tho ato
o dostrablo* I. believe* Ls tho proposod
* making punishablo fnilnro to 'oport
t or Information relating to the
bleu lost* stolen* or abstractodo
section 4 of the 4pionarl Act a?d
ng Iimitotions of tino kre not imp
to warrant full discusoion coo not* so far n
concerned* oontrovorsial* It Im* howover* vppaz,-
from the history of prosecu*Aons under the larionnzo Aots
that the sr 'U lock -oft oorronly fount! in Tho r'o- uiroo
4
moot that the Oevornment Show Intent* or reason to %-eliove*
on the part of the acoused* and thooe olmoenta o not
easily Ouaosptiblo of proof. At prosonts the Court
appears to fool th6t without these elononts of roo4 t'
statutes nii;ht e unoonstitutiovol. It to peon.
howevor* tIlst wordinG could bo roune otteh woule
practice_ for prosooution purpouee urd yet would not
constitutional principlos.
inoction 4 of the proposed bill adds aor'
those persons roquirod to register as netts or n re
power uhich would add he following olanso to th prey
iutsblta)ting the preaeat eatw7orioss
"is) 2131 parson Who has knowledge or or has
rose wed instruotion IA the osploal000* oountor000lopaoe*
r sabotage oorvico or tactics of a goverrsoolt c#'
o'ein o?statlot or a foreion poUt al par,oy;a
This would* undor a literal interpretation* force; oil.
WithluomotoriatoIliganoe oAperionoe during tho rnr or other.
wise* and tualy or those in other intelligenoo "1 '4e to
register au toonts or roreign, powers. We do not fclul It
Lit advisnblo to enroroe the rogistration of Amorican citizens
as such agents Loader threat of tin o or inprisonront merely
booause tlAvisava opociallsed W1 84f) or exporionoo. An
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o the strangthoninz
is not prop
3aw p
functions*
o tho
r
Pu
iso an
to shish
motion
As drafted,
rots.
040,
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by
effeo 're a
the errant or a
responsible pm
CC:
personnel arid etr
azures within the
prompt and flat a
In so far as *mils
ntot
*
iu
n *girit the
ble laws 11 admit
R. H. FTTER
DIRECT vN Of OLii i i iriOL
Director
Return tp L.R. Houston A
cwo
LRH:mbt
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