DOCUMENTS TO BE DISCLOSED PURSUANT TO DISCOVERY ORDERS IN UNITED STATES V. INTERNATIONAL BUSINESS MACHINES CORP., 69 CIV. 200 (S.D.N.Y.) D.N.E.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100070027-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 14, 2016
• Document Release Date: March 26, 2003
• Sequence Number: 27
• Publication Date: December 30, 1974
• Content Type: LETTER

DEPARTMENT OF COMMERCE
Washington, D.C. 20230
OLL1 3 01974
Honorable John S. Warner
General Counsel
Central Intelligence Agency
Washington, D. C. 20505
Re: Documents to be Disclosed Pursuant to Discovery Orders
in United States v. International Business Machines Corp. ,
69 Civ. 200 (S. D. N. Y.) D.N.E.
Enclosed is hopefully the final list of national security classified
documents originated by your agency which have been transmitted
to the Department of Justice, as Government counsel, in connec-
tion with pretrial discovery ordered by the Court in the above-
cited litigation. The Justice Department requested possession of
the documents prior to discussions with your agency concerning
their disclosure, under protective orders of the Court, to repre-
sentatives of IBM having the proper current level of security
clearance.
It is my understanding that attorneys in the Antitrust Division of
the Department of Justice will communicate with you in the near
future concerning this matter.
If you have any questions about this matter, please contact
Mr. Edward Weintraub of my staff directly on IDS Code 189,
extension 5391, or 967-5391.
Sincerely,
BERNARD L PARRETTE
ACTIN eneral Counsel
COPY: Charles R. Esherick, Esq.
U. S. Department of Justice
Washington, D. C.
Approved For Release 2003/04/02 : CIA-RDP78-01092A000100070027-4
 STATINTL Approved For Release 2003/04/02 : CIA-RDP78-01092A000100070027-4
Next 5 Page(s) In Document Exempt
Approved For Release 2003/04/02 : CIA-RDP78-01092A000100070027-4
 .Form No. DJ-96o DEPARTMENT OF JUSTICE
(Rev. 4-13-61)
A prxoved For Release 2_0 T6NQ f DP78-010924000100070027-4
NAME
For Release 2003/04/02
Approved
TO
NAME
BUILDING AND ROOM
Central Intelligence Agenc
3. Re: United States v.
M
nternation Business
achines,
4.
5.
SIGNATURE El COMMENT J] PER CONVERSATION
APPROVAL El NECESSARY ACTION fl AS REQUESTED
SEE ME fl NOTE AND RETURN E]NOTE AND FILE
RECOMMENDATION fl CALL ME X~YOUR INFORMATION
ANSWER OR ACKNOWL-
EDGE ON OR BEFORE
PREPARE REPLY FOR
THE SIGNATURE OF
REMARKS
Dear
Attached you will find copies of
various documents which comprise the second
group of CIA classified documents filed'-with
the Department of Commerce in connection with
the export program and relating to computers.
These documents and others have become
matters of dispute between the United States
and the International Business Machine Company(IBM)
At issue, of course, is the question of the
classification of the documents.
To resolve this?dtspute the District
Court in the Southern District of New York
suggests that the Department submit these
documents to each agency involved to first
FROM
BUILDING, ROOM, EXT. DATE
 Form No. DJ-965 DEPARTMENT OF JUSTICE
(Rev. 4-13-61)
Ap{prov. d Fore Release 20 T09 dkJZDP78-01092A00010007OO27-4
TO
NAME
BUILDING AND ROOM
1.
2.
3.
4.
5.
fl SIGNATURE COMMENT PER CONVERSATION
FIAPPROVAL fl NECESSARY ACTION j] AS REQUESTED
SEE ME fl NOTE AND RETURN NOTE AND FILE
RECOMMENDATION CALL ME YOUR INFORMATION
ANSWER OR ACKNOWL-
EDGE ON OR BEFORE
PREPARE REPLY FOR
0
THE SIGNATURE OF
REMARKS
determine whether the agency objects to a
submission of the documents to IBM attorneys
who possess -iproper clearance for the purpose
of allowing them to select whatever documents
they consider necessary for their defense of
the case. Documents copied for this purpose will
remain classified though in the possession of
IBM counsel. Each agency will have to determine
for Itself, utilizing its own standards, which
documents will be submitted or retained.
The second stage becomes operative during
the trial of the case when IBM elects to include
that portion of the documents it has copied
in the transcript of the trial. This, of course,
alpoduts to public disclosure. Prior to such
FROM
NAME
BUILDING, ROOM, EXT.
DATE
proved For Release 2003/04/02
CIA-RDP78-010
2A00010007002
 Form No. DJ-96a DEPARTMENT OF JUSTICE
(Rev. 4.13-61)
Apprgv,ed For Release 20OWbJ/tz DP78-01092A000100070027-4
F _]APPROVAL NECESSARY ACTION ^ AS REQUESTED
SEE ME NOTE AND RETURN NOTE AND FILE
RECOMMENDATION E CALL ME LI]YOUR INFORMATION
ANSWER OR ACKNOWL-
EDGE ON OR BEFORE
PREPARE REPLY FOR
0 THE SIGNATURE OF
REMARKS
disclosure, each agency will be asked for approval
for' disclosure . None of these classified
documents will become a part of the record
until approval is granted by the involved agency.
If ypu have further questions please
call me at 739-4796
Herbert F. Peters
Room 3240
U.S. Department of Justice
Washington, D.C.
proved For Release 2003/04/02