• REF ID:A10127~ DEPARTMENT OF THE ARMY ., 

JAGP 

OFFICE OF THE JUDGE ADVOCATE GENERAL 

WASHINGTON 25, D. C. 

31AU6. 

SUBJECT: Proposed Bill for the Relief of Mr. Wi~liam F. Friedman and 

Potential Claim - Cryptographic Inventions 

TO: Director, 1\.rmed Forces Security i\gency 

Washington 25, D. C. 

Referring to letter from this office dated 29 august 1951 

subject as above, there are enclosed herewith for your information 

copies of letters dated 27 August 1951 from Mr. Friedman1 s attorney, 

Mr. Henry G. Fischer, and of the response of this office thereto of 

even date herewith. 

FOR THE JUOOE ADVXATE GENERAL: 

2 Incl 

1. Copy ltr 27 Aug 51 

WILLARD J• HODGES, JR. 

Lieutenant Colonel, JAGC 

Chief, Patents Division 

2. Copy ltr even date to Mr. Fischer 

@'pproved for Release by NSA on 08-05-2014 pursuantto E.O. 1352a 
•' .. . .. FISCHER, WILLIS AND PANZER 

Willard J. Hodges, Jr. 

Lieutenant Colonel, JAGC 

Chief, Patents Division 

Department of the Ar'lllY' 

The Pentagon 

Washington, D. c. 

Dear Colonel Hodges: 

REF ID:AlOl-

,.,--

Washington 6, D. c. 

August 27, 19.51 

Re: Proposed Bill for the relief of 

Kl-. William F. Friedman 

Thank you for your letter of August 9, 1951 concerning the proposed 

bill for the relief of Mr-. William F. Friedman. In that letter you recite 

the course of our previous correspondence and conferences over the period 

of the last year and a half designed on our part to present the matter to 

the Department of Defense in full and to invite an expression of the Department as to whether it had any objection to the introduction of the bill to 

the Congress for consideration on its merits. As you know, we took this 

time and made this effort beca.ue the matter involved, in our view, important 

questions affecting the national interests. At the request of the Department, we submitted all the information available to us on the matter and we 

have no doubt that your letter is based upon full consideration of that information and all the information which is solely under the control of the 

Department. As we understand the substance of your letter, the Department 

does not desire to express its views on any phase of the proposed bill to us 

but will undertake to present a report based upon a f'u.11 and complete consideration of all the facts and circumstances of that upon call from the 

interested committees of Congress when the bill is introduced. 

We would like to take the opportunity here to correct an apparent misunderstanding as to the basis of the relief we seek. In your letter you 

state it as your impression that ":Mr. Friedman's request for compensation 

as covered by the proposed bill is predicated upon the alleged damages 

suffered ••• with respect to such rights as he mq still have in the 

inventions in question, as a result of the placement of the inventions under 

secrecy restrictions". 

As a matter of fact, it is not Ki-. Friedman's rights which are the 

primary basis of the request for relief; it is the equitable considerations 

in bis case (set out in our memorandum of August 21, 1950) on which the 

request is principally founded. As we said on pages 8 - 10 of that memorandum, w do believe that Mr. Friedman has such legal rights, but a monetary 

sum determined in accordance with any legal measure of damages could reach a 

magnitude far beyond the range and purpose of the relief we seek. Instead, 

as we pointed out, the figure of $100,000 will be submitted to the Congress 

as a sum Mr. Friedman can reasonably request in the light of the equitable 

considerations here involved. · 
REF ID:A1012flt 

2 

Colonel Willard J. Hodges, Jr. - August 27, 19.51 

The equitable considerations involved in this case are fully set out 

in the meaorandua. It is enough to restate here that Mr. Friedman devoted 

a lifetime to work which culminated in discoveries and inventions of incalculable value in the national interests. This work involved such responsibility, stress and secrecy, that it bas unfavorably affected his health, his 

personal life and his opportunities to engage elsewhere in his profession and 

has made his livelihood increasingly precarious. These and other equitable 

considerations spelled out in the memorandum form the fundamental basis of 

the request which will be made to the Congress for Mr. Friedman's relief. 

l'e hope we have been more successful here than we have previously been, 

in spelling out the true nature of the relief being sought. 

Sincerely yours, 

(Signed) Henry G. Fischer 

PDF/rl 
, 

, ' 

REF ID:AlOlilt 

Bl AUG 1Y5r 

.Mr. u.rry- a. n.cher · c/o J'Ucber, W1ll1a and Panzer 

Dupont Circle Building 

W..hington 6, n. c. 

Be: Proposed Bill for the Relief ot 

lfr. William l!'. Friedman 

Beceipt ia acknowledged ot your letter o! XI .\ugut 1951 wltii 

regard to the propo88d bill for the relier of »r. Willig F .. Friednran. 

It is dee1nd \o inform ,ou tbat, in considar1nJ ~ atter 

and detemining the position of the Department or De.tease with raspect 

t.hareto, as set 1'ort.h in the letter frcm thia office da1ied 9 .All.gust 

19511 full conaider&Uon was ginm to all upecu ot the •ttv, incl.ud~ not oa.1.1' such lap]. rights as Yr .. Friedman might have in 

the pr811.i.M8 1 but alao all of the equitable comsiderations involved 

in the matter. 

SSmUar conaidel'aUon will be given to all tacts and circUl8-

stancea in the oue 1n any report which •7 be mad& b.T the Department 

ot De.tense wilh IWJWIC~ ~ the propoaed b1U 1n the n.nt it is 

presen1aed to the Cangnaa. 

... .. WILLA.RD J. HODJES 1 JR. 

Lieutenant Colonel., JMJC 

Chief, Patents Dbision