LETTER TO ADMIRAL STANSFIELD TURNER FROM RICHARD L. GARWIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80S01268A000200020002-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: April 11, 2006
• Sequence Number: 2
• Publication Date: November 29, 1977
• Content Type: LETTER

STAT Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
 Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
International Business machines corporation Thomas J. Watson Research Center
P. 0. Box 213
Yorktown Heights, New York 10598
914!945-2555
November 29, 1977
Admiral Stansfield Turner
Director of Central Intelligence
Washington, D.C. 20505
OLC #77-sue,
Dear Stan,
Enclosed is a letter which I have just sent David Aaron,
advocating criminal penalties for the release of classified
information, rather than strict limitations on access.
I don't know what input you have made on this question, but
I did want you to know my views.
Sincerely yours,
Richard L. Garwin
encl:
11/29/77 LTR: RLG to David Aaron.
RLG:mll:333.ST
Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
 Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
International Business Machines Corporation
November 29, 1977
Mr. David Aaron
National. Security Council
Executive Office Building
Washington, DC 20506
Thomas J. Watson Research Center
P. 0. Box 218
Yorktown Heights, New York 10598
914,1945-2555
Dear David,
Many months ago, I mentioned briefly to you in your office
my views as to how we should treat the secrecy
responsibility of government employees..
Unfortunately, I have not seen the draft which has
apparently been widely circulated by the Administration, but
I have been thinking further about this question and want to
restate my judgments in the matter.
1) There should be no restrictions p se on the right of
reporters or others, not having access to classified
information, to publish or to repeat what they have
learned.
2) Within broad categories of classified information
(CONFIDENTIAL, SECRET, TOP SECRET) there should be no
restraint under criminal law to prevent an individual
possessing information of that category from transmitting
it to another individual cleared to receive information of
that category. (There may be administrative recourse
against the transmittal of compartmented information).
3) There should be criminal penalties for individuals who,
legitimately having access to or possession of classified
information, knowingly transmit it to an individual who
does not have such legitimate access. In prosecuting such
a suit, it should not be necessary to shoi that damage to
the United States has resulted or would- reasonably have
been expected to have resulted, but only that the document
was in fact legitimately classified.
Having had access to Top Secret information since 1950,
having worked for contractors, the Executive, and the
Congress, and having been at various times entirely out of
sympathy with general or specific goals of various
Adminstrations, I still believe that a secrecy law of this
type is,requirect to protect the national interest. By the
"national interest," I mean the security of thendividuals
in this country.
Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8
 Approved For Release 2006/05/24: CIA-RDP80S01268A000200020002F6?GF. 2
I think the alternative which seems to be fairly popular,
namely to limit very strongly the number of individual, with
access to classified information, is simply an invitation to
disaster. Reflective individuals with no operating
responsibility have much to contribute from their experience
and judgement, and it is unlikely that they would be granted
access under such proposed access limitations.
I believe that vigorous prosecution under such a law as I
classified information than are achievable limitations on
access.
In putting into final form the Administration's program, I
hope you will consider this point of view.
Sincerely yours,
Richard L. Garwin
BLG:mll:333.DLA
Approved For Release 2006/05/24: CIA-RDP80SO1268A000200020002-8