SECURITY OF INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80R01731R000100160009-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: December 13, 2002
• Sequence Number: 9
• Publication Date: August 1, 2001
• Content Type: MF

16 October 1959
OGC Has Reviewed
Approved For Release 2007/10/23: CIA-RDP80RO1731 R000100160009-5 ,I,
MEMORANDUM FOR: Chief, Special Intelligence Staff, Office of
Current Intelligence
SUBJECT: Security of Information
1. In connection with the material you left with me having
to do with leaks of classified information to the press, I felt the
following background information might be helpful.
2. This is a problem which has been with us for many years,
and we have repeatedly reviewed the situation from the legal stand-
point. We and others in the Government are continually reviewing
the espionage and related acts and are attempting to evolve a formula
which will give clear protection to classified information and yet be
consistent with the Constitution and the evidentiary requirements.
To date no truly satisfactory answer has been found. It was hoped
that section 798 of Title 18 U. S. C. might be of some assistance in
one restricted area, but this section has not been tested by an actual
trial and we are dubious that it would be very helpful. In fact, we
have grave doubts that in the Petersen case, with which you are
familiar, the Government would have been able to produce in open
court the evidence necessary for successful prosecution if Petersen
had not pleaded guilty. The Nickerson case is a somewhat different
problem but brought out the security aspects very clearly. In this
connection it might be interesting to note the successful prosecution
in the so-called ISIS case last year in England. This was prosecuted
under the Official Secrets Act, and it would be well to keep in mind
that such a prosecution is based on a theory entirely different from
that of our espionage laws and that English procedures permit in
camera proceedings under certain circumstances which are not
STAT permissible in criminal cases in our courts. It is the consensus
of Government lawyers that the Official Secrets Act and its attendant
cr Wild probably be held unconstitutional by our courts.
Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5
 Approved For Release 2007/10/23: CIA-RDP80R01731 R0001 00160009-5
3. A Joint study of the espionage acts was undertaken by
G-2, ONI, and the FBI in 1946, but no fundamental change was
made. In 1947, section 798 was added to Title 18 U. S. C. The
Internal Security Act of 1950 closed up same minor loopholes and
provided a separate penalty for conspiracy to violate the basic
act. Another formal attempt to strengthen the laws concerned
with security began in 1952 when a draft bill was submitted which
was not acted on by the Congress. At this time the Department
of Defense stated a view that the difficulty was not with the laws
but there was not a "focal point from which the insistence on
prosecution should have come after the offenses were committed,
because, being isolated from regular /Department of/ Justice
supervision, or being seemingly little leaks here and there outside
normal Justice fields of endeavor, and sometimes being accidental
leaks by quite important Government officials, there just was no-
body to push for prosecution. " The Commission on Government
Security, created in 1955, made its report on 21 Juno 1957 and
recommended making it a crime to disclose without authorization
classified information knowing it to have been so classified. The
Congress is still studying this recommendation. We have made
a variety of suggestions to the Department of Justice but none has
been acted upon, and we cannot claim that they really hold much
hope of improving the situation.
4. In February 1958, as a result of one particular news-
paper story, a meeting was held in the White House with the Special
Counsel to the President and representatives of Justice, Defense,
Bureau of the Budget, and this Agency. The consensus was that
it would be politically impossible to obtain legislation which would
provide for punitive measures against the press and magazines
for publishing leaked security information, but that efforts should
be made to strengthen legislation pertaining to employees and ex-
employees. It was also agreed that recommendations of the
Commission on Government Security were not suitable as drafted.
To my knowledge no concrete action has followed this meeting:
S. We are currently discussing with the Department of
Justice a proposal which might be of some use in those cases
where the employee or ex-employee who actually leaked the informa-
tion could be clearly identified. At present there is a section of the
Internal Security Act (50 U. S. C. 783(b)) which makes it a crime
for any employee to communicate classified information to any
person whom the employee knows or has reason to believe to be
Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5
 Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5
an agent or representative of any foreign government or an officer
or member of any communist organisation. We are suggesting that
this could be broadened to make it a crime for any employ's, or
ex-employee to reveal information he knows to be classified to
any other person he knows or has reason to believe is not entitled
to receive such classified information. To date the Department
of Justice is doubtful as to whether such legislation could be
obtained.
6. If the foregoing is of interest, I would be glad to discuss
the problem in greater detail with you and those who are working
with you on it.
LAWRENCE R. HOUSTON
General Counsel
cc: DCI
y~GI
Deputy Director of Security
Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5
 Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5
MEMORANDUM FOR: THE DIRECTOR
The attached was prepared for
and the Security Subcommittee of USIB to give
them the general background of the problem of
taking legal action in the event of leaks of
classified information. This will lead into
detailed discussions as to what legislation
may be feasible. Our best information is that
Justice will not at this time propose any new
legislation but does not object and is even
somewhat in favor of our going ahead as
representing the intelligence community and
sounding out our own committees on various
T i l~tixe-$~i~ s ~-~, R
e. `,...- :r1~~ ~~ 16 October 1959
LAWRENCE R. HCUSTON ( DATE )
General Counsel
FORM NO. y~ REPLACES FORM 10.101
1 AUG 54 101 WHICH MAY BE USED.
Approved For Release 2007/10/23: CIA-RDP80R01731 R000100160009-5