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USCIB: 13.5/51 

7 April 1954 

'!'OP SBeRE! PRO'l'H 

MEMORANDUM FOR THE MEMBERS OF USCIB: 

Subject: Violation of USCIB Policy with Regard to Classification 

of Subject Matter Related to CCJ.IINT. 

1. At its 44th Meeting on 27 August 1947, USCICC. approved a 

general policy on the classification of subject matter related. to COMINT. 

This policy was promulgated by the Coordinator of Joint Operations as 

enclosure (A) to CJO serial 001640 of 5 September 1947 which reads in 

part as follows: 

"Classification 

SECRET 

Subject Matter 

References to Communications 

Intelligence (identified as such) 

derived from low-grade military 

cryptosystems during World War II, 

and from those high-grade systElll.s 

in the case of which successful 

cryptanalysis has already been 

revealed by official action (e.g., 

the Congressional investigation of 

the attack on Pearl Harbor)." 

2. Publication of the article entitled "THE FINAL SECRET OF PEARL 

HARBOR" appearing in the April 2nd issue of "U.S. NEWS AND WORLD REPORT" 

constitutes a violation of the above quoted policy. The infonnation 

contained therein appears to be entirely from the various "Pearl Harbor 

Reports 11 • The Navy Member has been asked for a report answering certain 

questions -with -regard to this matter. 

3. Meanwhile the Executive Secretary has been considering what he 

might reasonably recommend with regard to action in this specific 

instance and towards control of such revelations in the future. 

4. TITLE 18 SEC .•. 798, U.S. Code includes among other things the 

following provisions: 

"That whoever shall knowingly and willfully - -·- - - publish or use in any ma~er prejudicial to the safety or 

interest of the United States - - - - - any classified * 

information - - - - - - ( 3) concerning the communication 

intelligence activities of the United States or any 

Declassified and approved for release by NSA on 04-08-2014 pursuant to E. 0. 1352B 

* Underlining added. '·~ 

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USCIB: 13.5/51 

Subject: 

7 April 1954 

Violation 'or USCIB Policy with Regard to Classification 

of Subject Matter Related to CCMINT. 

foreign government; or (4) obtained by the processes of 

communication intelligence from the cormnunications of any 

foreign government knowing the same to have been obtained 

by such processes, shall be, etc." 

"- - - The term 'classified information' as used herein 

shall be construed _to mean information which, at the time 

of the violation under this Act, is for reasons of national 

security, specifically designated by a United States 

Government agency for limited or restricted. diss·emination 

or distribution." 

5. Aside from other aspects of the above quoted law the element of 

"classified information" is or interEt. We have here a case wherein 

information which has been made a matter of official public record by at 

least one United States Government agency (Congress) has been declared 

SECREl' by another United States Government agency (USCIB) and now reissued in the public press. 

6. Even if it were deemed expedient and desirable to apply the 

above law or any other sanction in this case and after overcoming the 

difficulties or proving that publication was done knowingly and willfully, 

we would still be faced with the difficulty of sustaining the classified 

nature of the ini'onnation. This appears to be an impossible task. 

7. One of the considerations that enters into the assignment of 

security classifications is the ability to maintain the degree of security 

required. It appears that insofar as official documents already a matter 

of public record are concerned our policy is not realistic in this 

respect. 

8. Whether or not the revelations repeated in the above mentioned 

article have or will damage our current COMINT effort is not yet known. 

It is understood however that the so-called Japanese "Purple Machine" is 

still in use and that we are deriving useful information from it. The 

Director, NSA has been asked to supply information on this point. 

USCIB: 13.5/51 - 2 -

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USCIB: 13.5/51 

7 April 1954 

tOP 5!eftffi' Pft0i'II 

Subject: Violation of USCIB Policy with Regard to Classification 

of Subject Matter Related to COMINT. 

9. The above is submitted. for information on this subject. In the 

absence or objection from any member it is intended. to submit recommendations through USCIBEC upon receipt of inf onnation requested from the NSA 

and Navy Members. 

• 

USCIB: 13.5/51 - 3 -

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