'NECESSARY SECRETS' VS. THE PUBLIC'S RIGHT TO KNOW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000707220005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: July 23, 2010
• Sequence Number: 5
• Publication Date: October 25, 1983
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/07/23: CIA-RDP90-00552R000707220005-0
ARTICLE APPEARM NEW YORK TIMES
ON PAGE_ 25 October 1983
Q.&A.: Richard K. Willard of the Justice Departme
`Necessary Secrets' vs. the Public's
0
that using
Ri h t to Know' Q. say
graph tests sts to screen large numbers
bers
of people may falsely brand innocent more ft
sp.au w,e e,Y.rtr~m.s A. Examples of this are classified aano alepprro liars ouil than such
approach catches guilty people.
WASHINGTON, Oct. 24-The Rea- themselves. ' But, for example, if it Would you dispute this, or, if not, how
gan Administration's campaign to comes out that we-have a particular would you justify it?
stop unauthorized disclosures of na- intelligence operation under way that I A. Certainly the polygraph is not
tional security secrets has come was intended to remain secret,.then it perfectly reliable. For that reason no:
under attack from members of Con- { become much easier for our .adver- action will be taken solely on the basis
guess, former officials, journalists sane- to take cou nteameasures. ' of polygraph examination results.
and others who say that the means -'Z ? - Even so, there is some room for error
chosen do violence to the national f _ IQ. DOCS 3AOUr censorship system that could be harmful to the employ-
traditions of free speech and open de- -sacrflce _an important element of ee But for this very small number -of
bate tree speed' out of concern for no-y sensitive positions, we think
Much criticism has been focused on tuonalseaQtty? the national security interest out-
a national security decision directive I A. Theagreement we've proposed weighs the risk of harm to the individ-
issued by President Reagan March would only require officials to submit ual employee and justifies the pm-
U. One provision, which the Senate things that they write about intelli-, gram. Our policy is to limit use of the
voted last week to block until April, gence matters. Officials are tree to polygraph to a very small number, of
requires more than 100,000 officials write about anything else that they very sensitive jobs. We oppose the use
who handle especially sensitive intel- wish without prepublication review. of the polygraph on a general basisin
ligence secrets to sign agreements In addition, the only officials who are the Government. -
submitting to Government censor- covered are officials who have access I think we would all prefer to live in
ship for the rest of their lives. Another to the most sensitive kinds of intelli- a world where we did not have to have
provision calls for vastly expanded gence. We think the importance of intelligence agencies or be concerned
use of polygraph tests to ferret out Protecting this very sensitive infor- about potential foreign adversaries,
leakers and spies. mation outweighs the disadvantages but that is not the case. Our goal isso
Richard K Willard, a 35-year-old that it may have for the employees. protect as best we can that informa-
Deputy Assistant Attorney General, Q. Would not the prepublication re- tion without causing any unnecessary
is the chief architect of these initia- view system allow the officials of one harm to the values of Openness that
tees. Mr. Willard, a graduate of Har- -administration to censor the writings we all share.
yard Law School who was a clerk for of their predecessors? ? -
Associate Justice Harry A. Blackmun A. There's a safeguard here-- judi. siti Q. Are you concerned
highly about the pots- -
of the Supreme Court, discussed the cial review. If material is submitted y qualified
issues in a recent interview. Here are for review and we try to take some. people who object in principle to
excerpts. thing out, we have to prove in curt being censored or to polygraph test-
that ? every word we want to delete is ing might hesitate to join the Govern-
Q. So'some people this system of classified, and properly classified. ment? _
censorship and polygraph testing con- 0 A. These security requirements
jures visions of George Orwell's Q. How do ?you answer critics who have been in place at the C.I.A. and
"1584. " What's the justification? have suggested that each step further other intelligence agencies for many
A. The purpose of the Administra- in this direction of censorship ob. years. We have proposed to extend
tion's program is to protect classified scures the differences between the some of these requirements to other
information from unauthorized die- free society that we have and Soviet people in the Government who have
closure. There are certain kinds of in- society, for example? access to the same kind of sensitive
formation that would cause serious A- That sort of claim is absolutely classified information. We think that
damage to our country if that infor- ridiculous. Our proposal is a very
people who want to go to work for the
mation became known publicly. moderate safeguard. Many free.soci- Government in the area of national
There's obviously a need to strike a eties have much more severe restrict security and wt1o have access to our
balance between protecting neces- tions. For example, Great Britain has country's most sensitive secrets most
nary secrets and the public's right W the Official Secrets Act, which is appreciate the need to take careful
know. In our view, though, over the much more rigorous than anything secuatyprecautions.
last decade, the balance has swung we have ever proposed. I think that ? X
too far in the direction of letting infor- critics who make that kind of accusa- Q. Is there anything you'd like'to
mation become public, including - lion have absolutely no sense of pro-. Odd?
some very sensitive information . portion in viewing these issues A. We have no desire to cut dowadn
about intelligence activities. Our abil- The First Amendment is very im- the flow of unclassified information to
ity to conduct necessary intelligence portent but there are other national the press and public. We think that
activities has been severely eompro- interests as well, and the Supreme our policy represents a reasonable
mised.
? Court has recognized that First balance of the competing interests,
,-- ? .~ There is no First Amendment right properly classified information to be
pies of harm that has been done for Government employees a basic responsibility through unauthorized leaks of classi- to die- of the Govern-
fled information? close classified information without meat, and one that we intend to live
authorization. up to. Stuart Taylor Jr.
Q, Is it a crime to publish or dis-
close classified information?
A. In most cases it is certainly a
potential criminal violation.
Sanitized Copy Approved for Release 2010/07/23: CIA-RDP90-00552R000707220005-0