LETTER TO HONORABLE KARL E. BAKKE FROM JOHN S. WARNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-01092A000100060010-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: June 7, 2002
• Sequence Number: 10
• Publication Date: October 8, 1974
• Content Type: LETTER

Roca -/I5Z
Approved For Release 2002/08/06 : CIA-RDP78-01092A000100060010-3
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
Honorable Karl E. Bakke
General Counsel
Department of Commerce
Washington, D.C. 20230
Re: United States v International Business Machines Corporation,
69 Civ. 200 (S.D.N. .
Dear Mr. Bakke:
This is to express my deep concern that certain classified
Agency materials in the custody of the Department of Commerce
have been disseminated to representatives of the International
Business Machines Corporation (IBM) without. the Department
having attained prior Agency consent. In this connection, I
have reference to the following documents:
1. Report on Production of Peripheral
Equipment in the U.S.S.R. and Eastern
Europe, transmitted to Arthur H.
Hausman, Chairman, Computer Peripherals,
Components and Related Equipment Tech-
nical 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 L__ I STATINTL
by memo dated October 29, 1973.
(classified CONFIDENTIAL)
3. Soviet RYAD Computer Program, dated
August 1973. (classified SECRET)
4. Soviet Computer Software, dated July 1973.
(classified SECRET)
it is my understanding that copies of these documents were
released to IBM despite a previous request by a member of my
staff that this not be done without Agency approval.
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As you know, The Third Agency Rule specifically provides
that classified material originating in one department shall
not be disseminated by a department to which it has been made
available without the consent of the originating department.
This Rule of long standing is now contained in 3A CFR 1972
Comp. at page 237. Given this situation, it would appear that
the Department of Commerce's release of these four documents
could not be characterized as being other than a violation of
The Third Agency Rule. Of course, in terms of the Rule, notice
of intent to release a classified document does not satisfy the
consent requirement.
Further, the National Security Act of 1947, as amended,
specifically vests in the Director of Central Intelligence the
statutory responsibility for protecting intelligence sources
and methods from unauthorized disclosure. (See 50 U.S.C.A.
403(d)(3)). Given the fact that documents originating in this
Agency frequently contain information relating to intelligence
sources and methods, the Department's action could be understood
as being an infringement of the statutory responsibility which
the Congress has seen fit to bestow upon the Director of
Central Intelligence.
It is for the above reasons that I find it necessary to
bring this most unfortunate situation to your personal attention.
While I recognize that in releasing these documents the Department
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 activities
require the release of additional Agency classified material,
it would be appreciated if you would ensure no such material is
released except in compliance with The Third Agency Rule.
STATINTL
Sincerely,
John S.? Warner
General Counsel
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ILLEGIB
ILLE
IB
STATINTL
COORDINATION:
ward Proctor
Deputy Director
for
Intelligence
Date
Carl cet
Deputy Director
for
Science $ Technology
Dam
Deputy Director
for
Administration
Distribution:
Orig & 1 - Adse
1 - DD/I
1 - DD/S$T
2 - DD/A
1 OGC
AGC/OL Official
1 - AGC/OL Chrono
AGC/OL)
(17 September 1974)
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- 3 -
 Approved For Release 2002/08/06 : CIA-RDP78-01092A000100060010-3
COORDINATION:
war roctor
Deputy Director
for
Intelligence
Deputy Director
for
ar uc t
Science & Technology
lur
Administration
John F. Blake
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4
Date
Approved For Release 2002/08/06 :-Cl -RDP78-01092A000100060010-3