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

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80B01495R000400050016-9
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 20, 2016
Document Release Date: 
October 18, 2006
Sequence Number: 
16
Case Number: 
Publication Date: 
October 8, 1974
Content Type: 
LETTER
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PDF icon CIA-RDP80B01495R000400050016-9.pdf137.39 KB
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Approved For Release 2006/10/19: CIA-RDP80BO1495R000400050016-9 7ENTRAL INTELLIGENCE AGENCr WASHINGTON, D.C. 20505 L~1D11 ~~ 8 October 1974 Honorable Karl E. Bakke General Counsel Department of Commerce Washington, D.C. 20230 Re: United States v International Business Machines Corporation, 69 Csv. 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. c as NFIDENTIAL) 2. Report on Production of Computers in the U.S.S.R., transmitted to John Collins, Chairman of Computer SyCfPMq Technical Advisory Committee from 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. STATI NTL Approved For Release 2006/10/19: CIA-RDP80B.01495R000400050016-9 Approved For Release 2006/10/19: CIA-RDP80B01495R000400050016-9 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. Sincerely, General Counsel Approved For Release 2006/10/19: CIA-RDP80B01495R000400050016-9 Approved For Release 2006/10/19: CIA-RDP80B01495R000400050016-9 19 SF? 1974 Date 1? . !?.C..Y: ~ L obn E. Blake %Ie uty Di.`,' ^{: for for Adm a stns cion Distribution: Orig 1 - Adse DD /I 1 - DD/S&T 2 - DD/A 1 OGC 1 - AGC/OL Official 1 - AGC/OL Chrono AGC/OLA SEP 1974 (17 September 1974) Approved For Release 2006/10/19: CIA-RDP80B01495R000400050016-9