INVIOLABILITY OF FILES, REQUEST FOR LEGAL OPINION.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000300240158-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: February 28, 2001
• Sequence Number: 158
• Publication Date: August 22, 1947
• Content Type: MEMO

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Approved For Reap; 1'LRDP59-0fA2R000300240158-6
V'~J~1 i(V1'~1 ~~~
OGC HAS REVIEWED. 22 August 1947
MEMORANDUM
FROM: Chief, Contact Branch
TO: Assistant Director for Operations
SUBJECT: Inviolability of Files, Request for Legal
Opinion.
The activities of Contact Branch are based on the
principle that a substantial number of reliable United States
citizens are capable of supplying valuable foreign intelli-
gence information which they may possess or which they may
be in a position to obtain. Experience to date has proved
that such citizens are willing to cooperate in supplying
such information provided that they are not identified with
the furnished information itself nor identified as suppliers
of such information. In virtually every instance they insist
that their cooperation must be anonymous.
In consideration of these circumstances a discreet,
highly confidential relationship must exist between Contact
Branch and its sources of information. Within Contact Branch
the matter of source control has been given detailed atten-
tion and the wishes of our informants have received every
consideration.
Within this intelligence organization, as a necessity
of practical operation, records must be maintained in order to
classify sources, coordinate activities in various geographical
areas and evaluate useful and indifferent sources on the basis
of reports submitted. Such records will eventually be volumi-
nous. ,'Then scanned en masse they will give anyone having access
to these records a fairly complete picture of Contact Branch
operations and will disclose the extent to which those who
are cooperating are furnishing information.
While we are continuing every effort to protect
sources by procedures established to guard them within our
own organization, the question of the inviolability of our
files and records must be given consideration. Specific re-
ference is made to the power of legislative or other groups
to subpoena our records and to testimony that might have to
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be given under oath by employees within Contact Branch.
Consideration must also be given to the obsolescence of the
espionage act under which intent must be proved to find a
man guilty.
With full consciousness of the ineffectiveness of
the espionage laws, we are reducing the calculated risk in
recruiting personnel by thoroughly checking prospective em-
ployees for security, by placing a premium on character,
particularly in personnel for the field offices, and by in-
doctrinating field personnel in discreet behavior.
The primary question is the inviolability of files
and records. The opinion of the General Counsel on this
matter and on the problem of testimony that employees might
be legally required to give is respectfully requested.
25X1A
ief, Contact Branch
CONFIDENTIAL
Approved r Release 2001/08/24: CIA-RDP59-0 2R000300240158-6