, 

' • 

lst Ind 

SUBJECT: G-2 policy on release of cryptographic principles 

Headquarters, Armed Forces Security .Agency, Washington 25, D C. 

16 September 1950 

TOs Assistant Ohief of Staff, G-2, General Staff, United States 

Army, The Pentagon, Washington 25, D. c. 

... 

Incle - 3 

n/c 

For"rarded • 

G2-SMI 350.0511 

-~ Colonel, Signal Corps 

Deputy Director, AFSA 

2d Ind 

Office, Assistant Chief of Staff, Q..-2, IntellJ.gence, Depariment of the 

Army, lV'ashmgton 25, D. c. OCT 9 1950 

ID: Director, Armed Forces Security Agency, u. s. Naval Conrn.unication 

Station, 3801 Nebraska Ave., N. w., Washington 25, D. c. 

ATTN: :Mr. William F. Friedman 

With reference to the request contained in paragraph 5, bas~c letter, 

Y.aJor Mills is cognizant of the policywhioh was set forth in Reference (a) 

and in faot had been fully aware of the same prior to 10 March 1950, the date 

of enclosure (B); however, Reference (a) was rescinded by Assistant Chief of 

Staff, G-2, on ? July 1950. 

3 Incls 

n/c 

JOHN W MIDDLETON 

Colonel, GSC 

Chief, Secunty & Trmmng D1vis1on 

Declassified and approved for release by NSA on 08-30-2013 pursuantto E .0. 1352a 

3 

____________ QQHEIDENTl>'clO 
- ,. • REF ID:A70843 

DEPARTMENT OF DEFENSE 

ARMED FORCES SECURITY AGENCY 

WASHINGTON 25 D C 

E8tflDIM11At-

• BPI. llPDTO 

15 September 1950 

SUBJEC'l' G-2 policy on releaae ot Crn>tographl.c principles 

TO 

Director, Armd Forces Securiv Agenc7 

1fasb1ngton 25, D C 

,_ 

Director ot JD.teU1gellce, U S A1.'fls7 

'lfaahington 2S, D C 

""' \.. 

-

Re.terence (a) llamorandm cUJ.tfll 2' April 1946 tor Chief, A1:fq' 

Secur!cy Agenc7 subject Release ot Cl7Ptographic 

principles 

"-

Enclosures (A) Copy ot ll8lll01'ud.um dated 26 Oct 1949 tram Director 

.c>t Intelljgence U S A1.'lq to Chief, Arrq- Secun t7 

Agenc7 

(B) Copy ot corzivpondence between Department ot Defense 

abd llr HeDl'J' G Fischer 

(0) Copy ot mamorpiwn dated 2l Aug 19SO traa Jlr He1117 G 

ftscher to tqr .Department ot Defense Subject Bill ~ the ~li{ ot Wi 111 am r Ffledmp.11 _~, 

l a '!he undersigned. a civilian amplo19e of the Armed Forces 

Security J.gency, is the inventor ot a number of Cl'J'Ptograpbic 878teu 

and devices, patent applicatiom on which were placed °b1' appropriate 

au~or1111' in a secrec7 status where the7 have been and will probabq 

i'eJlain tor a qonsiderable uan ot years 

b Reference (a) deals with the DepartllleJ11; ot the Arlq policy 

in the premises i/ r 

c With a v.:l.ew to obtaining aasiatance 1n preparing a case 

which appears to tall w1 thin t.;.e scope of Depart.ment ot the A1'IV polic7 

referred. to in Pa:r le abon I requested. and obtained permission to 

empioy private counsel u not.Id in lhclosure (A) I thereupon sought 

and obtained the 1erY1cea ot ll' Hen!7 G Fischer ot the firm. ot 

Fischtn" 1 Parmer and Wil.11s Of Waabingt.on D C , to aaeiet 11118 

... '"r. ... 2 a Atter I had presented to counsel the tacts in the case, so 

tar aa waa perm.saibl.e under_tbe 1:1.mitationa required °b1' securicy coneiderationa counsel took up the mat.ter w1 th the Department of Defense 

l'llclosurf (B) 1a a cow ot the cor~spmence ~ eJJ.Ped J ~ ,> 

... ... 

-
.. - REF ID:A70843 • fiMFllJENtlAL 

15 September 1950 

SUBJECT: G-2 policy on release of cryptographic principles 

b. As a result of that correspondence and conferences between 

counsel and Major James R. Mills, Chief of the Patents Division, 0£fice 

ot the Judge Advocate General o:f' the ArtrJ7, counsel submitted to Major 

Mills on 21 August 1950 a formal memorandum on the subject of a private 

bill to be initiated in the Congress on 1IJ1' behalf. Enclosure (C) is a 

copy o:t that memorandum. 

c. '!he memorandum referred to in Par. ~ above, requests no 

affirmative action or support on the part of the Department ot Defense 

for such a private bill, but merely requests permission to present the 

case to the Congress without objection by the Department. 

3. a. As will be noted in Par. 2 of Enclosure (A), the condition 

on which I was permitted to employ private counsel was that I would 

not reveal 8.117 classified lllf ormation. 

b. For the foregoing reason and because the policy set forth 

in Reference (a) is classi:f'ied, I was unable to tell counsel even o:f' 

existence of the policy. As a consequence, when counsel proposed. to 

me that the matter be presented to the Department on the basis indicated 

in Par. ~ above, I was able to go no further than to concur in his proposed baSl.s for the presentation.. Hence, instead o:f' being in a 

position to direct counsel to request the active support of the Department in the presentation of the case to the Congress, in consonance 

with the letter and spirit of Reference (a), I was :f'orced to let counsel 

rem.ain in the more l.imJ.ted position of merely- requesting the Department 

to refrain from eJCpress111g objection to the presentation o:f' the case to 

the Congress. 

4. Several years have passed since the policy in Reference (a) 

was elaborated and it is possible that presently assigned personnel in 

the 0.f'f'ice of the Judge Advocate General of' the kr'lq are not cognizant 

ot the Department of the Army' policy set forth in Reference (a). It 

would therefore appear to be desirable and in my interest to 1nsure 

that that policy is known to Major Ml.lls in the early stages of' his 

study ot the facts J.n the case. 

5. It is therefore respectfully requested that the Director ot 

Intelligence ascertain whether 11ajor Mills has knowledge ot the existence and nature of' the policy set forth in Reference (a), and if' not, 

that steps be taken to J.nf'orm him thereof so that this lllf'ormation will 

be available to him for consideration in connection with his study o:f' 

the memorandum which was subm:Ltted to him by lf13' counsel. 

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