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WOOASS-11 26 January 1946 

MEMORANDUM FOR ASSISTANT CHIE~ ·oF STAFF, G-2 

SUBJECT: Release of Cryptographic Principles 

DISCUSSION 

1. Prior to and during the var a number of miw1tary and_ 

civilian personael in the employment of ~he War Department have 

developed numerous cryptographic principles and devices. With 

the termination of hostilities certain.inventors have expressed 

an interest in obtaining patent rights to those items developed by them which may be or have been super$eded. Siaee this point 

was never raised betpre the war it is und~ubtedly motivated by 

current War Department releases of patent rights other than 

cryptographic to the inventors for their private or commercial 

exploitation. Attention is invited to Inclosure 1 in which 

application is made for the release of pa.teat rights concerning principles involved in the use of the Converters M-228 and M-294. 

2. On the part of the inventors, it is felt by them that 

many devices now in use will be superseded by future developments, and as such, no military requirements wilt exist tor outmoded 

equipment. However, until they are superseded, the equipment will still be in current use. Some of this equipment may have 

a potential use in comtnercial cOlllllluaicatioas. 'l'bis 'immediately leads to a desire on the part or the inventors to exploit such 

devices on a ·commercial basis. 

3. .It is po1n~ed out by the inventors that a civilian not 

in the employment of the govermneat service can develop and . patent tor use by commercial companies any number ot cryptographic · devices, and that the restriction ot patents by the War Department which are not longer of value would be unfair to the individual employed by the gover ... eat. 

4. It is understood that there have been cases in which 

reimbursement to an individual tor patent rights has been made 

through an act of Congress. It is the resp.onsib111ty, however·, 

ot the individual to enlist the aid or a represen~tive of 

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Declassified and approved for release by NSA on 09-13-2013 pursuantto E .0. 1352a 
Congress to gain such monetary allowances as is deemed propor- tionate to the device in question. No action on the part of the 

War Department is incurred other than the fact that the matter 

may be referred to it for information upon which to base a 

decision by a Congressional committee. 

5. Attention ls invited to AR 850-50, Inclosure 2. Paragraph 7 thereof states: 

"7. Title to patents on inventions ma.de bJ War 

Department emplo1ees. -- a. In case an officer, 

warrant officer, enlisted man, or civilian employee 

or the War Department or of the Army is specifically designated or employed to invent a specific thing an.d 

does so at the expense of the Government, the title 

to the invention and to the patent obtained thereon 

becomes the property of the Government. If the invention is made in the course of the general employment of such person on the time or at the expense . of the Governmeat but not by direct designation or 

employment tor that purpose, tQe Government has an . implied license to use the 1avention, but the title 

thereto and the patent acquired thereon is the property of the inventor. " · 

6. Attention is .iavited to Inclosure 3 which outlines the 

War Department policy on the release of scientific and technical 

iatormation to the public. The policy is liberal and specific 

to, the end that all developments ot a classified u:ture in the 

custody of the War Department will be released tor public benefit with the exception to those items, the publicatio• of 

which would cause e:xceptio.Jll.8.lly grave danger to the n&tioa, or , endanger the national security, or cause injury to the interest 

or prestige of the mation or any government activity thereof, 

or which would, 'be of great advantage to a foreign nation •. 

7. The security of War Department communications depends upo~ safeguarding the. means with which such coDllllUJlications are 

cr1ptographed. All illf'ormation to date indicates that enemy 

governments have aot been able to read War Department high grade 

cryptographic systems. 

8. The release of cryptographic devices or patents bYthe War Department would enQ&nger the security or all systems for 

the following rea~ons: · · 

a. It would permit inspection by foreign couatries of 

those patents and devic.es released~ 

2 

Bliltf 
b. While the United States Army relies for communications security upon a specific key rather than the secrecy of 

a particular plan, the principles of the more secure War 

Department systems are held in secrecy because the recovery of 

the basic principles must be accomplished as the first step ia the cryptanalysis of our traffic. Removal or this obstacle 

would be a direct benefit to enemy cryptanalysts and might lead to the breakdown of systems which are otherwise secure. 

c. A precedaat would be established which may.lead to: 

further demands to the extent that the entire War Department cryptographic plan might be compromised. 

d. The .quality and refinement of our cryptographic devices bear a direct relationship to our ability in the crypt- analytic field of endeavor. Application of our basic prim- ciples by foreign governments to their own co:tmnwticatioas would 

eveatually result in presenting the War Department intelligence personnel with a more serious, if not insurmountable, problem 

of solving foreign cr7ptograph1c s7stems. 

9. It is concluded that the important conai,deration.s in 

the release or cryptographic principles are the ar.teots such 

releases would have upon the security of Uaited States Govern-

.meat communications and the continuance or commuaications intelligence sources. There is little evidence available to 

indicate that other nations are as rar advanced in qryptographic principles as the War Department .1. Consequently, the release of · the knowledged gained by the Uni.ted States personael would be of 

coasiderable benefit to other nations. The establishment or a 

precendent by releasiag any information or this nature may lead 

to further demands which could not be met without serious com--

promise. 

RECOMMENDATION 

1. That the policy be established whereby ao cryptographic priaciples, devices, or patents ot any natu~e devel~ped ~Y the 

War Department be released for commercial or private enterprise UJlt11 such time as the War Department bas perfected arprocedure whereby the device in question can be read under any and all 

circumstances. · 

2. That the War Departmeat adopt a policy ot favorably considering any reaso11&ble request by Congressional action for 

reimbursement· of aa iadividual tor cryptographic patents.invented by them while in the employment of the War Department. 

3 Incle 

1. Cy ltr dtd 27 Sep 45 

2. AR 850-50 

3. Cy memo, undated, subj: 

W. PRESTON CORDERMAN 

Brigadier General, USA 

Commanding 

Classification, Reclassification 

and Declassification or Scientific 

and Technical In.formation ' 
w as. 1. \ .. n r flfll\ 1 "' • 

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REF ID:A104~9 

4. It is oOIUd.4ered delil"abl.e that these oi'ril.ian and ailitary a.bare of the Wu Department who have been reapoaaibl.e tor the Umtntion !ll'ld deftlos-nt ot nn ideo.s and techniz1uea be enoourafl9C1 to 

prepare their own docmment1 tor review. !his i• to be d,.. ill 01'der 

\a pw appropriate ~grd.Uon to those persons or groupa who haw 

made p:rofeuional contributions toward• the dewlopmant of nn 1deu 

and teohni -iuee. 

s. To full.7 compfy with the apbit of ·tbeaa Exaoutiw ~. 1\ 

1• desired that apaoial erlPbaaia be plaoed on the redtw of au pJ'OjM\a 

am mate:rlal to the e?K1 that suah sotantitlc and teom:toal intormatiOl'l 

aa ta couistent with the riroviaions of' the ~tive Ozima _,. be 

made a:vailabl.e tor Nlea.ae a.rx1 publ.1•t1on. 

6. To thin end it is desired that all al&saified pre~eote a.ml 

11&'8rial be reviewed as re.pldi.y e.3 is practioable and in the light ot 

\he policy enl1.111Uated in pa.:e.gmph 3 llloh rrr.S.n will be appnpriatel.7 

ooo!dinated t..~ t.he teobn1oa1 C<Bd.tteea or by 11mllar aotion. 

The ~ a....J.1 lt.rrq sem.oe ...._, u4 the C-.n.Hng Genal'&l, 

Artq Air Forcell are nquelted to IRllmd.t a 118' or JD."03Mt• and materiAl 

which l!lbf"uld be retained 111 c claaalt!Ald atatua with au.'betantiation tR 

auoh Mtention. An W tial progress report will be su.1-1 tted by 

20 September 1945• It is expected, however, that it wil.1 be nece•Sl.11'7 

to prooeaa 1nliT1c1ua.1. cue• during the interim period 111hiah are 

NOeiT.34 aa NqQa8'8 fl9 the Pa'b'U-.ts.on Bout. 

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