APPLICATION OF CRYPTO SECURITY LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000100210038-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: May 6, 2002
• Sequence Number: 38
• Publication Date: August 22, 1955
• Content Type: MF

Approved ForRelease2002/06/24 : CIA-RDP59-00882R000100210038-4
OGC REVIEW COMPLETED
cool a study of the Crypto Security
790, with particular reference
the Administrative practices and
ammonia= presents a brief analysis of
of the lay1 together vith several recommendations con-
of CIA and, to some extent, other agencies and depart-
sod, bov*vor, that the legal points are not
La intended here is to suggest certain steps
be veil advised to take ie'order to strengthe
in the evert a prosecution under the Act is
of Section 798, Which is included in the Espionese
Titli 3$ is stated in the title of Pan 513 as folloem:
further the security of the United State by
sclosures of intonation concerning the
crygtogsvphic systems and the communication intelligence
activities of tbe United State,"
The sUbstatme of the Act, set out in 84h-section (a) of Section 7980 is
St one commits en offense to knceingly &Ad villinglys
"casmmeicatee, furnishes traipswite, or otherwise sakes
available to an unauthorised person, or publishes or
'sub My MAW prejudicial to the safety or interest
et the Dotted States or for the benefit of any foreign
gevernMest to the detriment of the United States any
elassified information -
CO comcerning the nature, preparation, or use of any
omit, cipher, or cryptographic system of the United States
or any foreign government riereinafter referred to as CRTP121;
=tea the design, construction, use, mantenence,
repair of may device, apparatus, or efflience used or pre-
pared or planned for uso by the United States or any foreign
or communication intelligence
as CRTPTO devices and
Approved For Release 2002/06/24 : CIA-RDP59-00882R000100210038-4
Approved For Release 2002/06/24: CIA-RDP59-00882R000100210038-4
trittallepawfjictivities
imertiment rter
Approved For Release 2002/06/24: CIA-RDP59-00882R000100210038-4
Approved For Release 2002/06/24 : CIA-RDP59-00882R000100210038-4
the latter two eoneern "informstion respecting the =tint defense" and
"InformatiOn relating to the national defense", as contrasted with infer-
metimShieb "le, for reasons of national security, specifically designated
tly a 'kited States Government agency for limited or restricted dissemina-
tion or distribution% The former letepage its held by the Ogre= Court
ef the United Stites, in 0274% v?UJ. 312 U.S. 104 61 8. Ct. has, to in-
volve a question of fact, that is the 4ury must &etersdne Whether the
acts of the defendent "are connected with or related to the national de-
fense" (61 S. Gt. 1:36). Thus, in prosecutions under those sections it is
neassaary to prove connection with the national defense, a resuirement
which could be aribarretesing, if applied to inftwation classified "for
rating of atonal security", since in such oases the prosecution would
have to submit the very inferred= (and presumably much more) the dissemi-
nation of ehich lad been restricted by an agency of the Goverment "for
moons of national eecurity".
Although it is not free from doubt, it is believed that tSar Section
798 it vould not be necessary to sutedt to the 4ury, or to prove, the
cplestion of *ether the designation "ter reascms of natianal security" vas
correct one; proof that the designation as ende and that the agency
which =de it did eo for reasons which the agency regarded as 'reasons of
=tint secimitym ghoul:lb. all that is required. The infOrmetion wbich
Is pertinent under Sections 793 and 794 is referred to in these actions
by a generic term - information "'tweeting the national defense" or
"relsting to the naticial defense". Information which is the basis of an
indictneett pay or logy not fall vithin the generic tors; scaeone's opinion
(the jury's) lust be obtained and accepted. The phrase by which Section 756
refers to the it?tmamtion Which is significant thereunder covers informs-
tion vith respect to vbich a particular action has been taken, i.e., infor-
Ilatimlehieb sgovernment agency has specifisally designateda certain way
rev t oortain reason. The only question resUiring an opinion by the jury
is *ether such action occurred, not whether should have occurred. Any
eemtention to the contrary is believed refuted by the fact that its accept-
ant' VOuld render the statute =enforceable in maw casesasince security
sioesideatiCas dwObtlens Would lovretude the Governs:ea frma introducing
into evidence informetion to establish "reasons of national security".
Since the plain intent of the statute is to protect the cam' and CPTPTO
syirtemis by establishing offenses and punishments for the violation thereof,
an interpretetion which would defeat such intent should be avoided.
any event, It the above analysis is incorrect, that is if the jury'
veuld be allowed to judge *ether the Agency correctly designated informa-
tion "for reason: of nationel security" there appears to be nothing to be
An about it except to decide, *.never a one is ready to go to trial,.
tether vs ere prepared to make available records and information to be
introduced as evidence. But in order to take advantage of the statute in
the event the above analysis to correct, it is believed= would be well
advised to dosignate documents in the language of the statute. for this pur
pose, a stamp rending as follows, could be used:
or reasons Of ratioral security, this document is specifically
designated by the Central TnteLligence Agery for limited or
restricted disessedration or distribution.
Approved For Release 2002/06/24 : CIA-RDP59-00882R000100210038-4
-""
Approved For Release 2002/06/24 : ClAtr51118182R000100210038-4
swim islet whips oesuldlo achieved by a regu-
(or CUPTO) cleazied-yeeple would midi they would
? the regulation in aadition to making reference
prtmide that all collzat (or 011tYPTO) documents will
owe Or a win or code voids that tie di/semi-
gni document hearing spy or the code word* is
the Central Internam:ice Agency for reasons of
25X1
ion along the
:authcrize6
dent or bi
communication
ir directive,
authorised to
boaever (for
one. To
es require the
or COMM devices
or the
?vities to authorize
OGC:REL:iss
to receive such inrcastion.
Distribution
Orig. & 1 - addressee
Snbjectfr
Signer
Chrono
cc: DOM
cc: Office of Communications
cc; psecytitij-Sec14,144-Croatirriepettentr
aitto icat opa cusity-
ApprovedForRearA205/24:1;1A-RD 9- 882R 00100 10 38-4