UNAUTHORIZED DISCLOSURES--APPLICABILITY OF 18 U.S.C. S798

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R000100120036-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 27, 2016
• Document Release Date: November 17, 2011
• Sequence Number: 36
• Publication Date: May 12, 1986
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
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12r=AY1986
TO. (Name, office symbol, room number,
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D/OS RECEIVED A COPY.
DO NOT use this form as a RECORD of approvals, concurrences, disposals,
clearances, and similar actions
FROM: (Name, org. symbol, Agency/Post)
5041-102
A GPO : 1981 0 - 361-529 (148)
Room No.-Bldg.
OPTIONAL FORM 41 (Rev. 7-76)
Prserib.d bbyy GSA
FPMR (41 CFR) 101-11.206
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
EXEC TIVE SECRETARIAT
ROC TING SLIP
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12 ay 86
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Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
General Counsel Nia-._ ?o wrn
12 May 1986
TO: DIRECTOR OF CENTRAL INTELLIGENCE
SUBJECT: Unauthorized Disclosures--
Applicability of 18 U.S.C.?798
Attached is a copy of a legal analysis
concerning the applicability of 18 U.S.C. S798
unauthorized disclosures. General Odom asked
that I forward this material to you. If you or
your General Counsel have any questions, I can
reached on 301-688-6705.
Encl:
a/s
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
NAT;CNAL SECURITY AGENCY ~xg,~tiy, g
CENTRAL SECURITY SERVICE -
FORT GEORGE G. MEADE. MARYLAND 20755 8S- 2099X
Serial: 248-86
12 May 1986
Honorable David Durenberger
Chairman, Senate Select Committee on Intelligence
United States Senate
Room SH-211 Hart Senate Office Building
Washington, DC 20510
Dear Chairman Durenberger:
As you will have noted, the Washington Post on May 7 and
May 8 has reported on conversations between the Director of
Central Intelligence and Department of Justice officials to
examine possibilities for instituting legal action in the
context of the recent spate of unauthorized disclosures of
COMINT information. Because of the particular concern that NSA
has with this problem, you should know that I have participated
in these conversations as well. As of this writing, the
Department of Justice has made no decision regarding any legal
action.
In this connection, and in view of the widespread press
speculation, particularly concerning the so-called COMINT
statute (18 U.S.C. 798), the enclosed paper may be of interest.
It is a legal memorandum prepared by my Office of General
Counsel examining the COMINT statute and its legislative
history. The memorandum concludes that Congress, in enacting
this legislation 36 years ago, clearly intended this law to
apply to the kind of problem we face today regardless of who
makes the disclosure.,. The reasons for this legislation when
enacted are equally applicable to the situation today. The
House and Senate report which accompanied the COMINT bill to the
floor in 1950 made reference to the publication of a book in
1931 in which our successes in breaking the Japanese diplomatic
codes were detailed. As the enclosed paper states:
The book's publication caused an international
furor and prompted the Japanese Government to
institute new and more complex cryptographic
systems which significantly hampered O.S.
communication intelligence efforts extending
through the attack on Pearl Harbor.
I would hope that we will not allow the lessons of history to be
lost as we address remedies for dealing with the unauthorized
disclosure of COMINT material which has occurred in recent
weeks.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
I shall be happy to discuss this matter further with you,
with the assistance of my General Counsel, at any time at your
convenience.
Sincerely,
WILLIAM E. ODOM
Lieutenant General, USA
Director, NSA/Chief, CSS
Encl:
a/s
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
Serial: .,-24"F-85
12 Mat 1986
Honorable Patrick J. Leahy
Vice Chairman, Select Committee on Intelligence
United States Senate
Room SH-211 Hart Senate Office Building
Washington, DC 20510
Dear Chairman Leahy:
As you will have noted, the Washington Post on May 7 and
May 8 has reported on conversations between the Director of
Central Intelligence and Department of Justice officials to
examine possibilities for instituting legal action in the
context of the recent spate of unauthorized disclosures of
COMINT information. Because of the particular concern that NSA
has with this problem, you should know that I have participated
in these conversations as well. As of this writing, the
Department of Justice has made no decision regarding any legal
action.
In this connection, and in view of the widespread press
speculation, particularly concerning the so-called COMINT
statute (18 U.S.C. 798), the enclosed paper may be of interest.
It is a legal memorandum prepared by my Office of General
Counsel examining the COMINT statute and its legislative
history. The memorandum concludes that Congress, in enacting
this legislation 36 years ago, clearly intended this law to
apply to the kind of problem we face today regardless of who
makes the disclosure. The reasons for this legislation when
enacted are equally applicable to the situation today. The
House and Senate report which accompanied the COMINT bill to the
floor in 1950 made reference to the publication of a book in
1931 in which our successes in breaking the Japanese diplomatic
codes were detailed. As the enclosed paper states:
The book's publication caused an international
furor and prompted the Japanese Government to
institute new and more complex cryptographic
systems which significantly hampered U.S.
communication intelligence efforts extending
through the attack on Pearl Harbor.
I would hope that we will not allow the lessons of history to be
lost as we address remedies for dealing with the unauthorized
disclosure of COMINT material which has occurred in recent
weeks.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
I shall be happy to discuss this matter further with you,
with the assistance of my General Counsel, at any time at your
convenience.
Sincerely,
WILIIAM E. ODOM
Lieuten nt General, USA
Director, NSA/Chief, CSS
Encl:
a/s
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
FORT GEORGE G. MEADE. MARYLAND 20:55
Honorable Lee H. Hamilton
Chairman, Permanent Select Committee on
Intelligence
U.S. House of Representatives
Room H-405 Capitol Building
Washington, DC 20515
As you will have noted, the Washington Post on May 7 and
May 8 has reported on conversations between the Director of
Central Intelligence and Department of Justice officials to
examine possibilities for instituting legal action in the
context of the recent spate of unauthorized disclosures of
COMINT information. Because of the particular concern that NSA
has with this problem, you should know that I have participated
in these conversations as well. As of this writing, the
Department of Justice has made no decision regarding any legal
action.
In this connection, and in view of the widespread press
speculation, particularly concerning the so-called COMINT
statute (18 U.S.C. 798), the enclosed paper may be of interest.
It is a legal memorandum prepared by my Office of General
Counsel examining the COMINT statute and its legislative
history. The memorandum concludes that Congress, in enacting
this legislation 36 years ago, clearly intended this law to
apply to the kind of problem we face today regardless of who
makes the disclosure. The reasons for this legislation when
enacted are equally applicable to the situation today. The
House and Senate report which accompanied the COMINT bill to the
floor in 1950 made reference to the publication of a book in
1931 in which our successes in breaking the Japanese diplomatic
codes were detailed. As the enclosed paper states:
The book's publication caused an international
furor and prompted the Japanese Government to
institute new and more complex cryptographic
systems which significantly hampered U.S.
communication intelligence efforts extending
through the attack on Pearl Harbor.
I would hope that we will not allow the lessons of history to be
lost as we address remedies for dealing with the unauthorized
disclosure of COMINT material which has occurred in recent
weeks.
NAT!ON.AL SECURITY AGENCY
CENTRAL SECURITY SERVICE
Serla.: J-2424-S7_1
12 Ma' 1986
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
Serial: J-248-?91
I shall be happy to discuss this matter further with you,
with the assistance of my General Counsel, at any time at your
convenience.
Sincerely,
WILLIAM E. ODOM
Lieutenant General, USA
Director, NSA/Chief, CSS
Encl:
a/s
--
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
NAT1CNA_ :::URITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE 3. v!E>DE. MARYLAND 20755
Serial: 17-248-86
12 May 1986
Honorable Bob Stump
Ranking Minority Member, Permanent Select
Committee on Intelligence
U.S. House of Representatives
Room H-405 Capitol Building
Washington, DC 20515
Dear Mr. Stump:
As you will have noted, the Washington Post on May 7 and
May 8 has reported on conversations between the Director of
Central Intelligence and Department of Justice officials to
examine possibilities for instituting legal action in the
context of the recent spate of unauthorized disclosures of
COMINT information. Because of the particular concern that NSA
has with this problem, you should know that I have participated
in these conversations as well. As of this writing, the
Department of Justice has made no decision regarding any legal
action.
In this connection, and in view of the widespread press
speculation, particularly concerning the so-called COMINT
statute (18 U.S.C. 798), the enclosed paper may be of interest.
It is a legal memorandum prepared by my Office of General
Counsel examining the COMINT statute and its legislative
history. The memorandum concludes that Congress, in enacting
this legislation 36 years ago, clearly intended this law to
apply to the kind of problem we face today regardless of who
makes the disclosure. The reasons for this legislation when
enacted are equally applicable to the situation today. The
House and Senate report which accompanied the COMINT bill to the
floor in 1950 made reference to the publication of a book in
1931 in which our successes in breaking the Japanese diplomatic
codes were detailed. As the enclosed paper states:
The book's publication caused an international
furor and prompted the Japanese Government to
institute new and more complex cryptographic
systems which significantly hampered U.S.
communication intelligence efforts extending
through the attack on Pearl Harbor.
I would hope that we will not allow the lessons of history to be
lost as we address remedies for dealing with the unauthorized
disclosure of COMINT material which has occurred in recent
weeks.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
I shall be happy to discuss this matter further with you,
with the assistance of my General Counsel, at any time at your
convenience.
Sincerely,
LA~w 2, av,
WIL1,IAM E. ODOM
Lieutenant General, USA
Director, NSA/Chief, CSS
Encl:
a/s
Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/17: CIA-RDP88G01332R000100120036-9
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