SECURITY INDOCTRINATION PART II

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000020092-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: November 17, 2016
• Document Release Date: August 6, 2000
• Sequence Number: 92
• Content Type: SUMMARY

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T 18CCCTRfTION
Part it
specific SSU security regulations have been pointed out
cu, In addition, obligations will be imposed on you by the taking
f the oath of offies in which you-will pledge your honor and integrity
support of the law regarding the dissemination of information
affecting the national defense and the national interest. It
desirable to point out to you specific provisions of the law on
this subjeot, The principle act is the Espionage Act of 16 tune 1917,
50 'United States Cods 31. The oath of office which you will be required
to sign states that you have read and understand sections I and 2 of
correspond to Sections 31 and 32 of Title 60 United States
Code. It is our purpose to assist you in understanding the provisions
of this act.
2. Section 1 (a) of the Act provides in part that whoever, for
the purpose of obtaining information respecting the national defense
with intent or reason to believe that the information to be obtained
is to be used to the Injury of the United States, or to the advantage
of any foreign nation, goes upon, enters, flies over, or otherwise
obtain information concerning any vessel, aircraft, work of defense,
or and place connected with the national defense,
be punished by a fine of not more than $10,000, or by imprisonment
for not. more than two years or both,
S. Section 1 (b) provides that whoever for the same purpose,
and with like intent or reason to believe, oopie
obtains, or attempts,
?, make
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obtain, any sketch, photograph, writing, or note of anything
connected with the national defense, shall be punished by a fine
an WON, or by impriaonmant for not more than two
years or both.
4. Section 2 (a) provides in part that whoever, with intent
n to believe that it is to be used the injury of the
United , atoa or to the advantage of a for.Lgn nation, oon nieeatees
delivers, or t
or attempta to, or aids or induces another
oommnioate, deliver, or trap i
any foreign goverment.
or to y faction or party of military or naval force
foreign country, whether r+roo isad or unrecognized by the United
states, or to any representative. thereof, either directly or in-
directly, any doouss-nt
code book, *to., or information
relating the national defense, shall be punished by imprison-
'or not more then twenty years. This section of the Act also
in time of war, punishment for violation of
a of said otion shall be increased to include death or Im-
ea than thirty years.
I (a) proscribes information concerning specific
thtirags and please such as a erial, aircraft, fort,. ai. Waal stations
or code book. Howevepr, 1 (b) and 2 (a) are tar more geenorai# I (b)
merely saying anything connected with the national defense and 2 (a)
providing for intonation reelftting to the national deafeense. The
easiest metthod of u erst riding the practical effect of the Espionage
Act t to road the leading Supreme Court case of 'ORIN ve. 1 3
STAT , which was combined with SALIa vi. UWITW3 STATE S$ 312
cONFIDENT AL
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United States 713, decided 13 January 1941. The facts of
corm was a Russian oitixeeu, and
Sian vernment as its argent in gathering
in.ormttion. He purchased from 3alioh the contents of over fifty
to Japsnese activities in the United Btateae
born oittz en, but
rd Russian,
civilian in ostigastor for that Office. The reports detailed
sewing and going on the. West Coast of Japanese milita
officials, and ethers whosae actions we're deesaeed of possible interest
e off oo.
to The defendants were convicted under Secstions 1 (b) and 2
age Act which were they sections just given you
pealed their case, contending that the provisions
imiteed to obtaining end. delivering tntorv titian oon
earning the specifically described places and things set out in
section 1 (a) of the Act such no a vessel, aircraft, fort, signal
station or cods book. They also aontended that an interpretation
of the statute that the furnishing of any information connected
tional defense other than concerning
cribe4 places and things would be
of the due process clause.
a Naval Intelligence
court held that
GONFLDENTIAL
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defense in Sections 1 (b) and 2 (a) aamot be limited to places
and things specifically mentioned in Section 1 (a),
could find no uncertainty in the Statute which reould deprive a
person of the ability to pre-deter s whether a contemplated
action is criminal under the provisions of the lax. The delimit-
e stetut
those requiring "
on to be obtained
to be used to the
d States or to the advantage of any foreign
ration." The provisions of the Act only relate to those who
have acted. in bad faith and scienter must be established, In
other words, the accused must have known, or by virtue of the
-son to believe, that the infortion w
be used to the injury of the United States or to the advantage
of a foreign nation,
7. Attorney for the defendants then contended that the
evidence failed to support a conclusion that the defendants knew
or that they had reason to bilieve thet the information was
used to the injury of the United states or to the advantage of a
foreign nation, and further nte+nded that the evidence did not
setablish that any of the reports related to or were connected
rl defense. The Court very quickly disposed of
these contentions, stating that reports of this nature are a
to Provo
tion's plan for armed defense. It was not noes
information obtained was to be used for the injury
ir
'JONFIDENTll1l'
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The trial court date ira4 that whether or not
nation obtained by the defendant in this case concerned
to or was connected with the national defense was a question of
feat solely for the determination of the jury. The dupre Court
affirmed this, pointing out that the trial court had given proper
instructions as to what constitutes en adequate definition of
connected with or relating to national defense. It was stated
short,
&so 'infor ction connected with the National
ed in the context of the Espionage Act, moans, broadly
or confidential infar tion which has its primary signi
in relation to the possible armed conflicts in which the nation might
be engaged. The, protected information is readily recognizable from
G experience and knowledge of the average =no* The in-
structione to the jury contained further interesting languages
"For from the standpoint of military or naval strategy it
not only be dangerous to us for a foreign power to know our weak-
z*sses and our limitations, but it might also be dangerous to us
when, such a foreign power knows that we know that they know a
$.W
g. The Supreme Court then considered the use of
the Statute of "national defense". The Supreme Court agreed with
the Qower ant attorneys that national defense as used in the Es-
pionage. Act "is a generic concept of broad connotations referring
to the military and naval establishments and the related activities
ional preparedness,"
CONFIDENTIAL
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10. The foot that $alioh had be speoifloally inst *uat.d
parlor no
inciple that when s sm:n doliberatro1y perf-s
to believe is determinative of guilt and it in
without s aifio written authorit of Uw Director, SSU.
11. At this point motive should be distinguished fig intent.
of a foreign
reason to bolls" that t i
you
be above reproach. Regardless of
12, 'Bore is a s
visions ros* the Constitution protecting
treedo of epesoh and p
or the At is !
it :snoonstitutioral. A person Oan
y of the Roplounge Act to interpreted
nest court in the land and an it applies to you:
y prodeter us whether a contemplated soot is Grim-
enot i
on v o)t s training or i nstruc-
loseed until
person perr an unauthorised
conFioEnrue
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conceivably be of advantage to any foreign
presence of possible injury to the United
essential element of this crime. There
an actual advantage to a foreign Cover
ury to the United Mates*
or an actual
03. The
.ndi
r Now it can be told' is not
. The innocuous appearance of
on contained in the unauthorised disclosure
is Immaterial. Guilt can exist regardless of the value of
brmatioo, in an unauthorised disclosure.
tilitieos.
F. Violators, of the Act are not limited to the
peciffo places and things set out in Section 1 (a) of
the Act.
0, serious collateral consequences may result upOn
Act is not rendered inoperative pc}n
der the. Ant, e.g. deportation in the ease of
an alien, a disbarment in the caaae of an
H. To violate the Act, a person must intend or have
on to believe
information he reveals may
used to the advantage of any foroigg s, overnment (friendly
or otherwise) or to the injury of the United States.
'or a jury to decide, as a question of
whether or not the information revealed is related
1 defense and the courts have held that a
requirement of secrecy may be in the national interest and
for the national defense even in time Of Peace- The fact
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10-
that pptu have been instructed not to divu) a claasseitied in-
formation would be admissible for the jury to consider as
evidence in establishin your reason to believe that t
information vex to be used to the in of th. United States
or to the sdvsu a of a torsi nation.
1$. Although,
in devoutly hope World War II was the last wear
hope without guarantee of fulfillment. It is a reeogninsd tact
may baco ?nezsies with the passage of time and uon,
ontialitr when it forbade dis-alosure, in time of war
n related to national de?"ense which could be
used to the acivante ;o of any foreign govern ent. The Supreme
has said that one such asdvsntage embraced anything that would sallow
a foreign go its rnt to check on the efficiency or itaitaticna of
our methods: of war'are. This is precisely the type of i2lfortt.ton
which you tuaet sareeguard as long as disclosure has not been authorised.
0158 and fBi have developed techniques or warfare, physical, psychological,
logistic, to., the values of which have been amply demonstrated,
14. Your responsibility is a continuing responsibilitys termination
of employment will not and nnot end your responsibility, which is to
safeguard these military advantages for the future, of your country.
Disclosure of prohibited topics in forbidden until sp.citto written
authorisation is givers to you by the Director of S H, or until reports
forever and (thit+
erne have been published with the authority of
establishment* The prohibition may continue
should be noted carefully) does not automatically
MWIDENTlAL
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oo A not
or thirty yoars frog now.
jwNFIDENTIAI
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