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8telfiff WDGSS~81 24 October 1945 

SUBJECT: Declassification of Patent Application Ser. No. 443,320 

TO: Chief, Security Division · 

(noted but not necessarily approved 

. MGJ) 

1. The following comments are offered in connection with 

the staff study, subject as above, prepared by Communications 

Security Branch: 

a. Reference par. 4: It must be recognized that a large number of operators and maintenance men, now being returned to 

civilian life, will possess sufficient knowledge of crypto principles to enable them to invent similar devices having a degree 

of security inimitable to the best interes'l:Bof the United States. 

It is extremely doubtful that· any bill passed by Congress will 

prevent the disclosure of such inventions to the U.S. government. The government will then be faced with the alternatives 

of ei~her buyin§ up such inventions or forcing the inventors to 

"go underground , viz., the Volstead Act. A resourceful man 

could.probably earn a fair livelihood by busily "inventing" a 

series of crypto-devices which he was sure the government would 

be forced to buy up. It is doubted., therefore, that the government will adopt such a policy. The government must, therefore, 

permit the free issue of such inventions or else force them outisde of the law. To permit the free issue of such inventions 

will undoubtedly contribute to the general ·elevation of world 

cryptography. Such a practice would be unfair to· government employees should their inventions be held in secrecy. In my opinion, it appears inevitable that we can expect to see a general improvement in the .caliber of cryptography-at-large. This prin- ciples is embodied in a recently submitted staff study entitled 

"Use of strong cryptographic principles in low-echelon devices", 

which has no~, as yet, been approved or disapproved. 

b. Reference Par. 10: The subject of declassification 

of high-grade cryptographic systems is also covered in the staff 

study on the use of strong crypto principles in low echelon 

devices. 

Declassified and approved for release by NSA on 09-30-2013 pursuantto E .0. 1352a 

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c. Reference par. 12: The phrase "well known in the 

art" must not be construed to mean solely that such principles have been published in unclassified form. Such phraseology is 

frequently used by those familiar with patent language to mean 

that subject principle is covered in other patents or patent applications, of which the latter may be either c·lassified or 

unclassified. 

2. There are certain issues, which when clarified would 

make a declassification decision much easier: 

a. It is believed th.at when all the information collected in the TICOM 0 perat1on has been completely evaluated we 

will be in a better position to judge the relative caliber of 

U.S. and foreign cryptography. This will indicate how much information we would reel safe in releasing. 

b. Approval or disapproval of the staff study "Use of , strong cryptographic principles in low-echelon devices" would 

establish a policy on certain phases of declassification. 

c. Impending government action.on a policy for the 

release of technical information to commercial companies and 

upon the disposition of patents may furnish additional guidance 

in such matters. 

... 

/s/ L. D. Prehn 

Lt. Col., Signal Corps Chief, Plans & Operations 

Staff 

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