LETTER (SANITIZED) FROM B. R. INMAN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070024-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 24
• Publication Date: March 24, 1982
• Content Type: LETTER

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CENTRAL INTELLIGENCE AGENCY
WASHINGTON. D.C. 20505
1 c.:. ua. ? R~yet S
i_ o
1
8 -vo'Q8i
March 24, 1982
STAT
Than you for your letter of 24 February 1982, giving me
your views on the proposed revision of Executive Order 12065,
"National Security Information."
I appreciate your interest in this subject and I believe
your views should be made available to Mr. Steven Garfinkel,
Director, Information Security Oversight Office (ISOO),
Washington, D.C. 20405. You may wish to present your views to
Mr. Garfinkel directly.
At the same time, I believe you would want to know that, in
my view, the concerns raised in your letter about the purpose and
ultimate effects of this proposed revision are largely unfounded.
The present draft revision of Executive Order 12065
represents the product of almost a year's worth of careful
consideration and examination by numerous Executive Branch
agencies. I should emphasize that neither I nor this Agency can
act as a spokesman for the revised order or for Executive Branch
policy in this regard, since this is a function exercised by the
NSC and the ISOO. As part of this executive order revision
process, the NSC has provided the draft revision to the Office of
Management and Budget, which is presently considering further
changes to the proposed order. Additional recommendations are
also expected from the various Congressional committees currently
reviewing the draft order. In these circumstances, there is no
assurance that the revision as presently' drafted will remain
unchanged, or might instead be further modified before the order
is presented to the President for signature. I can assure you,
however, that the draft revision in its current form does not
intend, nor will it result in, the consequences suggested in your
letter.
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Firstly, the draft order does not alter present Government
practice with respect. to the classification of scientific or
technological information. Section 1-602 of present Executive
Order 12065 provides that "basic scientific research information
not clearly related to the national security may not be
classified." Because this provision is self-evident and merely
restates the clear dictates of draft Section 1.3, it has been
deleted as unnecessary. Draft Section 1.3(a)(6) specifically
states that "scientific and technological matters" may be
considered for classification only if they "relate to the
national security." The damage to the national security that
must result from disclosure of such technological information
under draft Section 1.3(b) further ensures that scientific
information unrelated to the national security will not be
classified.
As to Section 1-603 of present Executive Order 12065, this
section provides that a product of non-government research or
development may not be classified unless the government acquires
a proprietary interest in the product. Again, this provision
simply restates a proposition. clearly set forth in the definition
of "information" contained at draft Section 6.1(b). "Information"
subject to the order is limited under this section to information
or material that is owned by or produced for the Government.
This provision adequately ensures that non-U.S. owned or
controlled products will not be subject to classification under
the order. Moreover, the Patent Secrecy Act specifically
addresses when and under what circumstances certain privately
developed inventions or products may be kept secret for national
security reasons. The scheme contemplated by this statute should
not be impaired by the inclusion of an ambiguous and unnecessary
provision in the executive order on classification.
Secondly, the draft order does not greatly increase the
amount of information that will be subject to classification.
Information concerning cryptology, a confidential intelligence
source, or the vulnerabilities or capabilities of certain
national security-related systems, installations, projects or
plans, are now listed as specific categories of information which
may be considered for classification. By listing these
additional categories of information, the proposed order is not
expanding the subject matter area or amount of information which
can be considered for classification. Information concerning
cryptology, national security-related installations or projects,
and confidential intelligence sources, is being considered for --
and actually -- classified under present Executive Order 12065.
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Information concerning cryptography and national security-related
systems or plans was, in fact, accorded special protection under
predecessor order Executive Order 11652. Certain agencies,
however, have encountered difficulty in Freedom of Information
Act litigation in fitting the above information into the existing
categories of information contained in Executive Order 12065. By
specifically listing these three additional categories of
information, the proposed order does not intend to expand the
existing universe of classifiable information, but simply to
lessen the burden that agencies face in protecting information
which clearly impacts on the national security but is not
adequately described in the existing categories of information
contained in Executive Order 12065. The addition of these
categories will simplify the task of both classification
authorities and the courts-, as cleare-r guidance-as to- the types
of information which are properly considered for classification
will be now provided.
Thus, the substantive classification standards that
information must meet prior to classification are left largely
unchanged in the proposed revision. This new order will not
significantly expand the existing universe of classifiable
information. Nor will the order permit the classification of
scientific or technological information unless this information
is owned by -- or produced for -- the Government, is clearly
related to the national security, and may be expected -- if
disclosed -- to cause damage to the national defense or foreign
relations of the United States.
Moreover, the draft order also leaves unchanged the public's
right to seek a declassification review immediately after the
information's creation and subsequent classification. Section
3.4 of the draft order ensures that those records which are
needed for permanent Governmental-recordkeeping or historical
research purposes, or are otherwise requested by interested
members of the public, remain available and are regularly
reviewed for declassification.
I caution again that the above comments are based on the
most recent draft our lawyers have seen -- I do not know what
changes, are in the works. But I doubt that the final document
will pick up any more restrictive elements related to your direct
concerns.
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I continue to believe that this kind of dialogue between
public servants and scientists provides the best means to jointly
develop measures that ensure essential scientific inquiry and
freedom while also protecting vital national security .
interests. For this reason, I welcome your letter, and I urge
you and your colleagues to continue to seek solutions to problems
of mutual concern.
Si n erel
B.VR. INMAN
Admiral, U.S. Navy
Deputy Director of Central Intelligence
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