PROTECTION OF CLASSIFIED INTELLIGENCE INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R003400120030-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 14, 2016
• Document Release Date: November 19, 2002
• Sequence Number: 30
• Content Type: MF

PrP
Approved For Release 2002/11/22 : CIA-RDP80B
MEMORANDUM
suan c Ts
FOR: Director el Central
1676R003400120030-61 -,15(2
OGC 60-0512
Protection el Classified Intelligeace
Information
1. This memorandum is for infers:matt
A. Oa II Marek 11160 you spoke to me a
of the Official Secrets Acts in regard to
information. Accordingly. I will review what
La this field and proposals we have for future
bee* studying the problem of protection of One
particularly relating to intelligence sources an
many years with a view to developiag statutory
wield provide a real tool for enforcement sad
ties of the constitetion. We have roads sever
British Official Secrets Acts, and in the fall of
the practical applioations of the Admit emus Is
25X1
Justice or any other U. S. Government agency
Eaglish system La say detail sad 14. not con
any moans exhaustive but certain yobs!. bee
3. It is net consmealy understood that
based as a different theory from that of sore
our system the informations involved must be
to the natioaal defuse and security either by
lion or as coming within the definitions of a
of the COMINT sad Atomic Energy previsions.
are based on the theory of privilege, i...., t
mattes is the property et the crown. It is, the
as to those who received it officially Do that
it without the crown's authority.. Since this
1T unlimited in seep*. action in the event of an
OGC Has Reviewed
y.
considered**
of classified
we been doing
on. We have
iaformatiea,
methods, for
provision, which
at net be in viola-
*adios of the
111S11 I discussed
with
mak !kW that
has studied the
our work by
ear.
British acts are
snags acts. Under
*we to be related
dameastra-
as in the case
The British acts
all official infer-
*fore privileged
y may not divulge
viler is thserstieal
usautkorised
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diesteoure tavolves two preblense for the Atteraey General. The
first is eeesidered a politioal line as to whether this eaters of the
ilLesloeure is each that primaeval.* should be sought; the eosead
is a legal MO as to whether proseeutioa is feasible. If preeeestioa
is decided apes. several coaeoqueaces flew from the basic theory
of privilege. Portions of the trial caa be held in camera if the
court agrees. This would set be peseilde leader cur coastitutioa.
Cortaia presumptions may apply. Ain 1,er iaetainee, if the &Westland
is Imams to have pineeeeetes el privileged informatioa aad to have
beim la the compsay et a hewer for eiga espionage agent. there is
a presumption that the infornatiee was passed. This is rebuttable
but our Supreme Court opinions indieate that reek a presumption
would age be pormieeible here. Most important, La the Eagliali
system it is set noceseary to prove that say ese item of taformatioa
relates to the notional define* sad security. A geed ezareple is the
ea-called ISIS case in which two Word students published is their
college smagaeine. UM the story of their experionees in the Navy,
inanities ELINT operatioas in the Baltic. The premonition merely
testified that the article contalited indermatiea whisk they had acquired
La their official .0.141110 and it was, therefore, privileged. Atter the
verdict el guilty, the prosecution approached the iteurt aleae witIneet
presence of defendants or defense couneel and briefed the court ea
the eignifisance to the Geverameat of the items et taferinidlea,
partieelarly theee relating to SLIM. This was solely for the
rupees of informing the court in coanestien with the senteace.
Again we believe seek a briefiag would be bold error under our
system Is the gralrfild ease at the RAT officer, Ilfraight, who
defected to Russia and the. returned, a Goverament witness who
late:viewed him for the security services was allowed to testify
without publicly identifying itinieelf. IMMO was handed Is
writing to the court. Possibly this conld be dose here U the
defense agreed to it, lout it seems clear it could set be dose ever
the defenses *Wootton.
4. The closest we have cisme yet to the British system is
the COMINT seethes of the espionage acts, IS MSC Ttd. sad Sadie*
UT et the Atomic Energy Act regardiag the conneueication of
Restricted Data. These do set require proof et intent to injure
the Uaited States or aid a foreiga power but provide the punish-
meat for the more disclosure of information owning within a
defined category. The ?Wisest Aeronaut/se and Space Admials
trait** obtained a proviaioa Is section 304 of its set that whoever
wilIhUy violates say regulalicrt or order Of the Administrator for
the protection or security of its facilities or equipment shall be
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-T *se-
ti or
guilty plea betas moored a sonvietios seisid not
duo to sec orfty lisaitatimes en the ovidance reteir
3. Oe
the Official &octet*
wo have been **Atm
Went/sac* information.
setraterritorial rifest to
sow limited to the fietted Illittoo, its
of the Department of
be retool saconstituti
proving' Ike prettiest's* of
most obvious is to It,.
ease ham whist. axe
rigorism sad poosossiono.
*braise has iatrodeont a bill tor this pompon. *boa whisk wo have
sons* doubts .ophielk we hovo ezpreesed to Pasties it paosod the
Haase lase year hot it does est appear to be otaidea forward La
this melon. Secondly. we lsolisove it possible to dalloo a *stormy
of isteprenatten ?Wallas to intelligence soars** *ad saothois *Melt
could the. be incorporated at.. criminal state** ahaller to tho
COMINT and Rostristod Data stotatos. Thirdly, wit propose a
provisins sidailar to that la the Atomic Emma Act yak" proidslas
for loilaetivo *sties whist say pore** who to *beet to owe La
a vialetior of say prodigies of endeties statutes or regulations or
orders issued thesevador. Tke Atomic hammy provision
has not hoes tooted to the courrts, loot apparoatty it boo bows *flees.
tautly wood to Vier publications whisk the Meade Shaergy Cammariesion
felt oentahrod Restriots4 Data.
4- As a iraasea affiroosh we have boon stedying various ass
times for the coati* if informatics* sonorally, and plartiwilludy the
one whisk renites it a crime for as osaplayeo who by loft. if his
oleo. Isaias iatoratation gawkish ealilla afoot the mebat value of
coniniaditioe seek as vein. *bleb ialorenatios by fikw or by lbet
miss if Ms 419111,0111011111 or &gooey is roordred to be withhold from
publication. U he itUfsUy rovealo that inforaraftea to say panne
act eatitled to it *odor ouch raw" or roggolations. We have drafted
a proposed ironies whisk 11011141 provide that wboovor bolas an
erapleroe boson,* poneessod ef botelliggeotte whist is by
enerotive order, or the rules or reselatieer of Os doparteroat
or egoosy conteresd roteirod to be withhold boss volosso or
palication? &rosily or indirootly wakes this iatelligoase bacon
to nay parses net eatialod ender the law or reiloo 01W roggpriatioas to
reeolvo the mann, be Soot or iraprisamod or both. * mould
pr.bably be neeessory to provide that seek as iadivigaal would
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10
DD/I
DD/8
Direstor of Sicarity
CMof, CI
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