AMENDMENT OF THE ESPIONAGE LAWS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000400060002-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: April 22, 2004
• Sequence Number: 2
• Publication Date: October 22, 1959
• Content Type: MFR

Approved 21,
e~1~~a's' , b 7O
Py
Car~y
t
22 October 1959
SUBJECT: Amendment of the Espionage Laws
1. On l4+ October 1959 at the suggestion of Mr. Houston, I met
with Mr. Kinney and Mr. John Davitt of the Internal Security Division,
the Department of Justice, to discuss the possibility of utilizing
section 783(b) of Title 50,United States Code,as a model for a revised
espionage statute. The idea was to draft an espionage statute spe-
cifically applicable to Government employees which made the communi-
cation of classified information a prohibited act. Section 783(b)
reads in part:
"It shall be unlawful for any officer or employee of the United
States . . . to communicate in any manner or by any means,to any
other persons whom such officer or employee knows or has reason to
believe to be an agent or representative of any foreign government
or an officer or member of any Communist organization . . .,
any information of a kind which shall have been classified by
the President (or the head of any . . . agency . . . ) as affecting
the security of the United States,knowing or having reason to
know that such information has been so classified . . . ."
2. Messrs. Kinney and Davitt agreed that the general lines
of section 783(b) could be used as a pattern for legislation to pro-
hibit the disclosure of classified information to unauthorized persons.
Mr. Davitt pointed out, however, that it was the Department's opinion
that such problems which make prosecution difficult under the espionage
laws also pertain here. The difficulties of describing classified
information in an open court are not solved by a statute such as
783(b). Because most unauthorized communications of classified information
are in the form of oral statements or photographs, in order to prove a
violation, it would be necessary to compare in the courtroom the statement
allegedly made by the violator or the photograph passed with the clas-
sified document from which it was taken.
3. As a possible method of accomplishing new espionage legislation
Mr. Davitt suggested that C.I.A. formulate a legislative proposal and
submit it through the Armed Services Committee. Such a proposal
Approved For
`2064M'122 -00631 R000400060002-1
 Approved For Release 2 411[Hb
should be presented as a complement to the present legislation which
gives the Director responsibility for the protection of intelligence
sources and methods, and according to Mr. Davitt would bring the attention
of Congress to the specific problem of security and the necessity thereof
in intelligence work. Legislative language along the following lines
might be appropriate:
"An employee of the Central Intelligence Agency who communicates
in any manner any information classified as affecting the security
of the United States by the Director of Central Intelligence on
categories listed below without the authority of the Director
of Central Intelligence shall be guilty of a felony."
"Unauthorized persons" and "categories" would then be described. It
was agreed that the proposed statute should be of the malum prohibitum
type with no intent element necessary. While this proposed statute
might not eliminate all the weaknesses of the present statute, it
would be valuable as a deterrent.
4. Mr. Kinney stated that the Espionage Unit of the Internal
Security Division has developed 3 or 4 amendments to the Espionage
Act, but to date has been successful only in presenting one proposed
amendment to the Congress to eliminate the jurisdictional limitations
by the repeal of section 791. Having passed the House as H.R. 1992,
the bill is now being considered by at least two Committees of the
Senate: the Judiciary Committee and the Internal Security Committee.
In discussing this amendment informally with Messrs. Kinney and Davitt
there was doubt expressed whether this amendment would be any more
effective than the present section 791 in prosecutions for violation
of espionage laws committed in foreign countries. If the bill becomes
law, authority for jurisdiction of offenses committed outside the United
States would depend upon one case, Bowman v. U.S. (260 U.S. 94) which
was a case involving fraud committed upon the United States within
the territorial waters of Brazil by a U.S. citizen.
5? In general they were pessimistic about the possibility of
a successful prosecution under any espionage law because of the re-
luctance of Government agencies to divulge classified information in
an open court. They commented that a prosecution, whether won or
lost, would provide valuable guidance on the attitude of the courts
in espionage cases, and felt that if a case were lost then legislation
to correct the Espionage Act would have a better chance of passage
in Congress. They intimated that there should be closer liaison
Approved For R.si?7,2 05(2 : rCi RP 6 06318000400060002-1
 Approved For Re ?$I a : C I +~D 0631 R000400060002-1 UAB
between this Agency and Justice whenever an unauthorized disclosure
case came up so that Justice would be better able to inform C.I.A.
on the possibilities of prosecution under the Espionage Laws.
Office of General Couns l
Distribution:
Orig. - Addressee
1 - Subject file
1 - Signer file
1 - Chrono file
OGC/MCM:mmw (22 October 1959)
Approved Fore O : 47?5'V2* ~ AT 00631 R000400060002-1
Y u tsar ay d/~.i'm. u b