LETTER TO HONORABLE THOMAS E. KAUPER FROM JOHN S. WARNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100060009-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: June 7, 2002
• Sequence Number: 9
• Publication Date: October 8, 1974
• Content Type: LETTER

Approved For Release 2002/08/06 : CIA-RDP78-01092A000100060009-5
DD/A 74-3663
OGC 74-1652
DD/S&T# 3654-74/1
Honorable Thomas E. Kauper
Assistant Attorney General 8 OCT 1974
Antitrust Division
Department of Justice
Washington, D. C. 20530
Re: United States v International Business Machines Corporation,
69 Civ. 200 (S. D. N. Y. )
Dear Mr. Kauper:
This is to express my deep concern that in connection with
the discovery activities being conducted in the referent case, certain
classified Agency materials have been released by the Department
of Commerce to representatives of the International Business
Machines Corporation (IBM) without this Agency's consent.
The documents to which I refer are:
1. Report on Production of Peripheral Equipment
in the U. S. S. R.. and Eastern Europe, trans-
mitted to Arthur H. Hausman, Chairman,
Computer Peripherals, Components and
Related Equipment Technical Advisory
Committee by memo from
dated October 19, 1973.
(classified CONFIDENTIAL)
2. Report on Production of Computers in the
U. S.S. R. , transmitted to John Collins,
Chairman of Computer Systems Technical
Advisory Committee from
by memo dated October 29, 1973.
(classified CONFIDENTIAL)
3. Soviet R.YAD Computer Program, dated
August 1973. (classified SECRET)
4. Soviet Computer Software, dated July 1973.
(classified SECRET)
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It is my understanding that these documents were released by the
Department of Commerce despite a member of my staff specifically
asking both the Department of Commerce and the Antitrust Division
that such action not be taken without Agency approval.
The reasons for my concern over this development are
several. It constitutes a violation of The Third Agency Rule which
proscribes one department from disseminating classified material
originating in another without the consent of the originating depart-
ment (3A CFR 1972 Comp. at page 237), and a possible infringement
of the statutory responsibility to protect intelligence sources and
methods from unauthorized disclosure as vested in the Director of
Central Intelligence by the National Security Act of 1947, as amended,
(50 U. S. C. A. 403(d)(3)). In addition, it is contrary to the previous
understanding between our respective agencies and IBM regarding
the matter of IBM's inspection of classified Agency materials.
Under the terms of that understanding, classified Agency
materials were inspected by IBM only under Agency supervision,
and while IBM was permitted to examine all relevant materials,
copies of the materials it desired were made available to it
only after sensitive intelligence information had been excised
from the documents. I consider it extremely unfortunate that
no attempt was made by the Department of Justice to impose the
same restrictions on inspection of Agency documents in the pos-
session of the Department of Commerce, as were agreed to among
the Agency, IBM, and the Department of Justice for the previous
inspections of Agency documents in the possession of the Agency.
It is for the above reasons that I find it necessary to
bring this matter to your personal attention. While I recognize
that in releasing these documents the Government was seeking
to comply with a court order, the fact remains that the release
was effected in a manner contrary to regulations of the Executive
Branch. Should future IBM discovery requirements call for the
release of classified Agency material, it would be appreciated
if you would ensure that the release occurs only in accordance
with the conditions previously agreed upon.
Sincerely,
S/ Johfl S. Warner
JOHN S, WARNER
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 STATINTL
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war W. Pr-ddtj-r-
Deputy Director
for
Intelligence
ar B. Juc ett
Deputy Director
for
Science ~ Technology
26.SEP1974
14- John a e
Deputy Director
for
Administration
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