LETTER TO GORDON GRAY FROM ALLEN W. DULLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000900010013-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: October 22, 2002
• Sequence Number: 13
• Publication Date: June 3, 1960
• Content Type: LETTER

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6 6 -
3 AIN 1960
lIt to the ?reel dent
Security- Afthirs
, D. C.
Deer litr. Greg:
On 2, op on sefeeparding claesifiei
YOU soma so to seed to yi thelegislative proposals vhich hove
study by Ni'. Lowrance R. avst, oer Gemmel Counsel. I hove been =s-
corned for some ties over the lock of effeetive stetetory protection %pin t
the onouthoriss4 disol000ro ofalassified inferestios sod, especially imrcr
motion an intelltgemes sources end methods for Obit&as Director or
Central Intelligpece, an s a
pecificlly responsible undo; neetice 102 ot tt.*
Metional Security Act of 194.
The protection available to us *ad others modes the Eapionege
sections 792-79e at title 18, UAW States Code) ben serious limitatiups
Our experienee as veil as thet of other eeencies shoes thet prosecut.ces
under the Elelemege Mt entail problems of proof such as the presentntioa
of classified information is opeo court 'Mich, as a preetimal mutter. Ando*
it impossible in moot owes to proceed. In pureeing our studies, we have
looked into the paesibilitios of using some ports of the British ?Metal
Secrets Act. While British low end procedure give certain adventeeps is
their presecutions of noses involving classified netters. I as afroic
in this country our courts vould =wider then as moonstitutionsl avd,
*000410.0Mtly, I bells,* 10* cannot use their experieece to adventege.
The enclosed proposal. / believe, weld be a definite mid in cos-
trolling the unmutherised release of eleseified intellisemee imforestius.
It Armee mon existing etetetes designed_ fOr the protection of various tj
of devernment-beld information asd has bean Shaped to fit the pertioular
needs of the intelligence community. 4* rocogeise, howevez. thet threw
ere prelatical diffieulties in sag legislative proposals which MMY 44$4141- T.L
Strellgthen the Oeverement's bend Is withholding information from the public,
We else recognise that the statutes on which our proposals ars belied tow*
net been adequately tested in the courts. Bevertheleses I believe Last 4w
hove good ease for eesking more protection for Latarestios am intellionit_-,
imeludieg sources and methods, sad even if there are loopholes the Teat tht
sae legislation is enacted., 'hyoid it be enewitei, email in itself art AA
ilatemit to those Who would purposely or innivertmetly Yaws isrwrastifts
to ummothorised pereems.
t.
'I7rr
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OGC Has Reviewed
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the subject in ease detail with two
Armed aervices Comittee, WiletA
n 9f North Caroline. Soy ere lituggy canteen!
Ina& Intelligence inforgetiou $et has*
eau he tteoe to hely Wenn cyprouril
mod to eaglet in the parloage alw
ware of sow of the prokisos set far*
IOWA is truly armful one We prom*,
OGC:ICM:jen (Zr Say 1960
Ori g & 1 - Addressee
2. - XI
1 - DDCI
- ER
1 - 332
3. - D/Security
I - C/CI
3. - Legislative Counsel
General Counsel
nom"ly#
Alla* W. Dulles
Director
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proposed legislation is demises& tonere adognstely
olassiflod intolligenee imformatics, tmeletimg isformsties OM Itligrest
allithed*. The citations is the margin rotor to enistiog legislation Airt
h.proposed wordimg is boned.
&WOW A lOtentlirmf MgtImAkle
Whoever? being se offieor, employee, oemtreetor? or . extol
for or as 'behalf of tbe Uhltad Stelae or sir arserwint cis WirmeY
thereof's/ virtes of his Wise, employment, position, ooetract or
other relationships bosoms gessesood of ist011isemes With ira sy vw,
iesestive order, ***by the rail's or replatioas it the dopertmest op
spoL rewired to be withheld free release or pehliosties dirootly or
indirectly imparts, die-4?600, Whilehee, diveagial er metes known 1*
any manner smdh istellisonee, or sir pert thereof, to MO Person rto-
entitled Tinder the imt or the roles amt resodmtions of the devarunet
or Isom to reedy* the same, shall be Mel not mare than $10,0ne Or
imprisoned not more than ten mires or both.
b. So porgies shill be deemed guilty of a violation of soy
vellum prior to serh alleged violation be shell have he know
thereof.
C. Whoever Irefully possassing ietelliSeeet, as referred to In like
above, as a part Ohio official duties beers tassrtims agagbLr 1,
SOW to smother person is rsonired irardlisemise end verify Vat mu+,
other pewees is lawfully entitled to rewrite suet informatics.
;14,01412 ?7,0644161?
ilheesver, in the joisemest of the Director of 1
sir person hae onyed or is about to engmgo la or
chieh constitute an unauthorieed diadem, of intelliganoe *waves
end mathsda or am intollisemos es defined boles or which gill canala-
tote a violation of the *spinney Igoe (shooter Yr of title le, tInferi
States Code) or amy resplation or order of this Director of Central
Ietelliseere issued porsonnt to his responsibility under eectiora 4ri(C
(3) of title 50, Vatted Statile Code, for the protection of IttellIwince
00or000 sod methods, the Atternoy General? es betelf if the United ltatf_
smy Mho a/gnostic* to the appropriate soot for en order otch
sash sets or prootioes, or for an order seeming amplifies vith FAell
rsyletiosor order, sod upon shoring by the Director Abet soot parrin
Ms emgosed or is shoot to ensiles is any soft sets or proetiree,
persommmit or temporary intimation, restrainimg order, or other Orir?
1011 grumble.. It shall not be nesessery so a part it the reeorl th
soak application to include the intelligence might to be prbtoetee.
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a. The tors " Ilieenos," for the purposes or this set,
jarenotices Noterials, facts, statistic*, analyses, %mitten
at us-
vritts photographs acquired, Obtalsed or lased by intelligonee
activities sod operations or the Goverment ecncereing foreign cow
sod foreign natiomalals the preparation sad transmit...ion of intellirsee
reports sad includes (1) the *sports and iefermaddmilmeMemed. froa
use of such intelligent* sod (t) all pracederser equipmest, devices,
SM methods used to the oalleetien ami protection of intelligenee.
b. Mae tern *classified" as applied to the intelligenne described 1,
section la" seems that at the tine ef &violation or this Sectioc,
sugh latelligenoe is for roseems or esticoal eecsrity speoiftcollY
dooldheted by a United Stites Ooverememt *gem* for limited or rest -ete
dissemination or distribution.
?reign government" iscluies ia ito neemimg oflif liervom
or purporting to 44t for or en behalf of any tactic,
eacccy, hesosu, or military form at or wiShio
p or for or OD behalf or bar Movernmest or &my person
bag to met es a givermnamt within a ftreign cometel_
h overement is recogoised by the United States.
"unsethortsed person* seams amy person who, or agency
not authorised to receive infermetion or the categories
subsestioo Ni" of this section, or the leesident lr
of a iepartneut or ageoey or the United, States Governmen_
ly designated by the President to as in inte114
for the United States.
S.
is this 'sett= Mall prohibit the furnishisg4 on
at information to mmr reSelarly constituted oommittes
or Souse or Representatives of the United Statee or
elet eommittee thereof.
Intglilsenpe
SM willfully sommuniontes, furnishes, tranamits,
ovollthle to an enamtharised person, or pUblishes
prejudierial to the seek, or interest ar the
or the benefit or any foreign gowernmest to the
Stites amy elassifisd intelligence an
this Let Aet shall be final not more than 10,C
not than tea years, or both.
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1 Me
I
fivttrrErr"1--
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21 MAY 1960
MEMORANDUM FOR 'THE RECORD
SUBJECT: Espionage Laws
I. Congressmen Bob Wilson (R. , Calif. ) and-A. Paul
Kitchin (D. , N. C. ) bad expressed interest in the law protecting
confidential information and the British Official Secrets Act.
Mr. Warner and I met with them on 25 May to review the wnole
area. I started off with the proposal that unless they wanted
detailed discussion of the history and background of our espionage
acts I would go into the major current problems and description
of the British experience. The congressmen thought they had
enough general background. The two aspects of the general
espionage statutes which cause the most trouble are the fact
that they deal with information relating to the national defense
and require an intent to harm the U. S. or aid a foreign power.
The intent, of course, involves difficulties of proof, but the
evidence required to demonstrate that the information relates
to the national definite raises very serious *scarily problems.
In many cases, to prove that the inforenntion does in fact relate
to the national defense would require the Government to put into
evidence the very informiatian it is trying to protect. This require
meat has led to many decisions not to prosecute in cases where
there is reasonably conclusive information that a violation of the
act has occurred.
2. I pointed out that the British concept is fundamentally
different and is based on the theory that official information is
the property of the crown and, therefore, privileged. Thus,
any unauthorised release is technically a violation of the Official
Secrets Act but, of course, no a political matter the act would
only be applied in those cases where there is a serious need to
protect the information. When a ease arises that is deemed
sufficiently serious the British system has some tools for
prosecution which are in the judgment of American lawyers
not permissible under our constitution. I described the ISIS
case and particularly the fact that it was necessary in open court t,
to give evidence that the article published contained information
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obtained by the defendants in their official capacities. Upon a
verdict of guilty the prosecution was then able to approach the
court without others present and demonstrate what portion of the
information was important to the defense of the realm in order
to inform the court in connection with the sentencing. In sneeze
cases where the prosecution deems that evidence to be given during
the trial needs protection, the court can approve the prosecution's
request to hold that portion of the trial in camera. This again is
not acceptable in this country. Another tool is a presurnpticm that
if a person having knowledge of official information requiring
protection is known to have been in contact with a foreign agent
the classified information is deemed to have been passed to that
agent. In thi* connection we referred to the case of the RAF
officer, Wraight. and our understanding that his trial would be
based on this presumptive. Again we believe such a presumption
would not be accepted by U. E. courts.
3. Mr. Wilson and Mr. Kitchin appeared to accept our
position that we really could not pursue our problem on the basis
of the British law and practice and expressed some surprise that
the British practice was so different from that in this country.
We then gave specific examples of some of the problems we have
run into, particularly the Kiernan case. Both Messrs. 'Wilson
and Kitchin expressed considerable concern about the lack of
protection that this ease and others indicated and asked what
could be done to remedy the situation. We pointed out that some
legislation had been obtained which probably gave some added
protection, namely in the field of CONON?. section 796. Title 18,
U.S. C.; the espionage portions of the Atomic Energy Act concerniqg
Restricted Data; and certain portions of the NASA act. We also
mentioned that we had been studying the type of statute applicable
to the Department of Commerce which prohibits employees giving
out certain information. such as trade secrets, etc., which the
Secretary determines is not to be released until a certain time
and that this type of statute does not require exposure of the
information to be protected in open court. We said we had
certain suggestions for legislation to give adequate protection
in the field of intelligence and went into a general discussion of
what we thought might help. Mr. Kitchin asked if the conflict of
interest statutes couldn't have some bearing. apparently thinking
of the two-year prohibition on wemployees dealing with thtt
Government and the current legislation before their committee.
We said we felt this was really dealing with a different problem.
but Mr. Kitchin returned to it apparently with the thought that
you could put some sort of prohibition on ex-employees talking
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about anything gained during their employment. We said we felt
this would probably not be acceptable to the U. S. courts, and
Mr. Wilson seemed to agree with this position. However, both
Mr. Wilson and Mr. Kitchin appeared to want us to find a way of
broadening our proposals to minimise the requirements if proof
and try to miss presumptions by legislation to give better ptotecti-n
to the information involved. V. raised the practical and political
problems generally in seeking additional legislation, pointing out bcw
it had been obtained by AEC and NASA. They agreed that there ine y
be problems but felt that some work could be done with certain tr*-
bers of the Congress to inform them ef the weakness of the protection
given by present statutes. Mr. Wilson suggested an article ?ublic-.siny,
this, but we all agreed that to advertise the weakness of the protection
could be dangerous. They, therefore, asked Al we could give/ thorn in
unclassified form and without names or detailed information some
cases like the Kiernan case which they could discuss with rnernbe:r
of the Congress they felt might be helpful. They said that if we
came forward with proposals for legislation which could ernkhasis.,
the protection of military intelligence as will as the sources and
methods it might be poeilible to have this considered as a problem
for the Armed Services Committee as opposed to the Judiciary,
particularly if it could be tied to some other appropriate legisla-
tive proposal before their committee.
4. There is no question the congressmen were most intlirretsti
and concerned and want very much to help the Executive Branch fi td
a way to give better protection to properly classified information.
641i 016.1/44ed
LAWRENCE R. HOrSTON
General Counsel
Distribution
EO/DCI
IG
Director of Security
CiCI
Legislative Counsel (2)
General Couneet ,
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b'
SENDER WILL CHECK CLASSIFICATION T?P AN ? ?
?S . Vs .--F.ti -.. 61.. - I I 9414 rt :PIA = ii- ? i ; II
? ..
.. 04. ! iv II
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
INITIALS
DATE
?0/ DCI
ACTION
DIRECT REPLY
PREPARE
REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
I
Remarks:
You may sh to show this to the 0 rector
and Genera - brli.
LPH
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
.114,1t?i;(019
General Counsel 4 Z.1 East
Api3romedirtms Release[20012/10AtrrighWilli1P810 BO
IMMO?
FORM NO. 037 Replaces Form 30-4
I APR 55 1 which may be used.
(40)
U. S. GOVERNMENT PRINTING OFFICE :1955 -0-342531
010013-0
0010013-0
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MEMORANDUM FOR: THE DIRECTOR
Attached is a proposed letter to Gordon
Gray on the subject of the espionage acts which
you discussed with him a short while ago. It
forwards some proposals for additional legisla-
tion in this field which we have drafted. I held
the letter until we could get the reaction of
Congressmen Wilson and Kitchin to our briefing
on this subject, and this is now reflected in the
final paragraph of the letter. Recommend
signature. /
LAWRENCE R. HOUSTON 31 May 1960
General Counsel
FORM NO.
1 AUG 54
(DATE)
10 I REPLACES FORM 10-101
WHICH MAY BE USED.
(47 )
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