REF ID:A40194 

.:. ARLI!IC'~S'l:ATI' 

Date \b ~ ~'+ 

TO 

~1~~-

~ - - ~~ !:!!QM. A ~ Commanding Officer --------Asst ------ ColTJI11B.ndan t / 

-----Dir Of Com. Research V 

Administrative Officer 

-----Asst Admin Officer ---

AdJu tan t 

------ _____ Asst A.dJutant -----~---------- __ ..,,... __ _ 

Chief, Admin Branch -------- ------ Info. & Liaison Branch -------Chief, A Branch --- -------Chief, B Branch -------- ----- ----~--- Chief, C Branch -------Chief, D Branch ---~----

------ -------- Chief, E Branch ------- --------- Chief, F Branch ----~ Chief, G Bran ch -------- ----~---2 d Sig Serv.Bn. ----------- ------D:t. r. of Training ~-------

--~--Property Officer ---------- -----Int e 11 i gen c e Officer -------- --------- ----- Personnel Officer 

------Provost ~1arshal -----

Post Engineer --------Classified Ma-i~l~R~o-o_m ____ _ 

_____ Secretary to C 0 

General Files ----- ------201 Files 

-------------- Comments and Return 

-------Recommendations -------

Information and Return --------- ~---- Info rma t 1 on and Forwarding ------Information and File -- • 

Signature, if approved ------See Note on Back -

As Requested -------- ~------------ AS Discussed 

---------. -------~---- Your Action -------- ---------------

2013 pursuant to E.O. 
• • • 
REF ID:A40194 

~!Elm~!Ef 

ARLINGTON HALL C'noN 

Date 

TO 

FR~ 

~ Commanding Officer ,, Asst. Commandant -~---.... - -----;\l......,_D:tr. of Com Resea~ 

Administrative Officer 

----Asst Adm.in Officer ____ AdJutant.~~_,_ _______ ----_ 

Asst. AdJutant ------ ~-------- Chief, Adnun Branch ------ -----~ Info & Liaison Branch ------ -~~ Chief, A Branch ----- ---------- Ch 1 e f, B Branch -------Ch 1 e f, C Branch -------- -------

_____ Ch 1 e f, D Branch ---------_____ _ 

Chief, E Branch ------Chief, F Branch -------- ------ _______ __,,_ 

Chief, G Branch ~~- --------- 2 a Sig Serv,Bn. -----DJ.. r. of Training --------- -----Property Off 1cer ~-------

------

_______ Int e 11 ig enc e Officer ----~----

Personnel 0.fficer ---- ----Proves t Marshal 

Post Engineer ------- ------- -----~----- Class J.f 1 Pd Mail Room ----- ------- Secretary to C O. 

-----General Files -----

201 Files ------- ---------------~ 

Co'1!Dlents and Return 

----Recommenda tl.ons -----

Ini'orma tion and Return ------ ----- Information and Forwarding 

nfonnation and File - ignature,J.f approved 

See Note on Back --- --~-- -~--~---- AS Requested ~-----As Discussed--~~--~-~-

Your Action ~~--- -~~--~----~-

' I 

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w.£~ 11~.:-~7 IL 4~41: ... v ~ 

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REF ID:A40194 

81f(6}ffiilff .. 

ARLING'ION HALL STATICF°' 

Date 1° ~ '-{J'-{i I 

'ID / FROM 

- / ,/;ommanding Of!J.oer-w..M-.....--

A.ss t Command.ant _,.~~-+-IMl-'ll Dir Of Com. Res rch 

Administrative Officer ---- -----A.sst Admin Officer ---

_______ AdJutant __ ~----------~ 

Asst. AdJutant ------ ---------- Ch 1 e f, Admin Branch ---------

_____ -,,_-~- Info &. Liaison Branc!i _ _______ Chief, A Branch __________ _ 

________ Chief, B Branch _________ _ 

Chief, C Branch --------Chief, D Branch ---------- ------- ---------- Chief, E Branch --------

________ Chief, F Branch ---------__________ _ _______ Chief, G Bran ch _______ _ 

_______ 2d Sig: Serv .Bn ·------- Dir. of' Training --------

________ Proper -cy- Officer ----~-- _______ _ 

IntellLgence Officer 

-------Personnel Officer ---

Provost ~arshal 

--------Post Engineer --------- . ---------Classified Ma-i-l~R-o_o_m _____ _ 

_______ Secretary to C. 0 ---- General Fi~es 

-----201 Files -----------

C ents and Return 

mmenda tions 

rmation and -------- Return -,--- _____ Information and Forwarding 

Information and File - -----Signature, if approved -------~See Note on Back ~ 

______ As Requested·-------

As Discussed ---------Your Action ------------ --------- ------------~ 
....... 

Present. 

REF ID:A40194 

• ' 

Conference for Fro osed Le islation ainst 

Unauthor zed Dissemination of Communication 

Intelligence 

Lt. (Jg} John v. cronnorton, USNR 

Lt. Flord Tomkins, AUS 

Place of Conference 

1. The conference was held at 1100 on Wednesday, 3 May 1944 

at the Naval Communication .Annex. 

Preliminary A.greements 

2. A discussion of the problems involved led to an agreement 

on several general points, which will be applicable to all 

other co~ferences on the same subJect: 

A. All minutes, documents and information resulting 

from the conferences will be classified as Secret. 

B. Minutes of each conference will be kept for the information of higher authorities. 

c. Higher authorities of both A:rmy and Navy have concurred as to the need for a law incorporating some 

of the general principles under discussion. 

D. The present problem of the conferees is not to procure personally the passage of a proposed law by 

legislative authorities. The present responsibility 

is first, to outline the need for such a law to the 

proper higher authorities, and second, to draw up a 

proposed draft of a law which would penalize, and 

prevent if possible, the unauthorized dissemination 

of communication intelligence. 

E. In developing the background for the final report 

for the perusal of higher authorities, Lieutenant Connorton will supply the historical details and Lieutenant Tomkins will center his attention on the legal 

aspects of the report. However, the final report 

will be the result of cooperative effort on both aspects. 

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REF IO:A40194_~ 

• • • 

F. The final report should include a list of recommendations concerning the security precautions to be 

followed when demobilizing personnel at the end of 

the war. 

Opportune Time 

J. It was felt that this was an opportune time to discuss the 

situation and draw up tentative plans for legislation since 

post-war plans were being made by most governmental agencies. 

In addition, congress had Just established a new Military Committee to discuss such plans. It is important that the usually drawn-out procedure of establishing the need for a law and having it passed be finished before the end of the war and the 

demobilization of our personnel begins. 

4. It was agreed that several problems were involved, all of 

which might be solved by one bill or by a series of related 

bills. The decision to advocate one bill or several bills 

would be predicated on various circumstances, such as the 

views of higher authorities, the attitude of Congress, support 

or the Military CoIIDllittee, etc. The problems involved were as 

follows: 

(a} Prevention of Army and Navy cryptographic or crYJ?tanalytical personnel from discussing their activities either at this time or in the future. 

(b) 

(c) 

Prevention of unauthorized dissemination of information relating to communication intelligence by military personnel not engaged in cryptographic or cryptanalytical activities, but who have 

acquired knowledge of this activity through their 

official positions. 

Prevention of civilians, Journalists, war correspondents, etc., who may have acquired knowledge 

of cryptographic or cryptanalytical activities 

either through their official position or by any 

other means. 

ObJectives of the Proposed Legislation 

5. An effort was made to fix the problem in terms of the number of persons involved and the type of persons to whom the 

law would be applicable. It was decided to ascertain the ap-

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proximate number or persons who were either involved in tb.e 

processing operations of communication intelligence or who received this intelligence. Though such personnel statistics 

would necessarily be kept secret, it was felt that a·knowledge of the number of persons involved would be of value to authorities responsible tor the submission ot the bill to Congress. 

In any event, approximate figures would be acceptable for a . 

basis of·discussion. 

6. There are two aspects of the above problems - first, to prevent publicity leaks, and second, to penalize them. From a 

cryptanalytical viewpoint, there is little use, aside from deterring others in the future, in punishing a publicity leak 

since irrevocable damage has already been done. However, the 

existence of a strong law against revealing such information 

will help to cut d·own future publicity. · 

A possible solution would be to have the Military Committee 

ask for.the continuance.of military censorship during the-emergency period after the war tor supervision of stories, books, 

etc. dealing with military intelligence. Thus, no book or 

newspaper story relating to military intelligence could be pu- blished without the permission of the .Ar.my or Navy. In view 

of the current loud cries in Congress against censorship, this 

would be a difficult bill to have passed. Yet if the Military Committee could be persuaded of its value to the welfare of 

our country, Congress would probably pass it. Since Congress will support a strong A:rmy and Navy for post-war times, and 

will desire proper military intelligence, it will probably favor such a bill, if properly presented. 

Deficiencies of Present Legislation 

7. The laws on the books at present seemingly do not solve 

these problems although penalties for espionage have been pro- vided by the Espionage Act. Therefore, the question of spies did not have ·to be discussed. The principal difficulty with 

the present Espionage Act is that to secure a conviction it is ri: 

necessary to prove on the part of the accused the intent to. t ;i ""2:."ij injure the United States, or reason to believe that such inJu;y--. ...-·· · will result. Th.eref ore, Yardley's book or the Chicago ~J..-.:..- , bune' s Battle of Midway story could scarcely be pen~~=-....2-l(C~ · . der th1a prgviai()n. Another Act of June 10, 19~--wnteli was ;;i · 

passed to stop Yardley's second book, states that a person ~·~· .. V? 

"wilfully" publishing or furnishing to another any ofticial1.i'"'\u~l.~·" 1 diplomatic code which was obtained while in the process of -~~ 

transmission between ·any t'oreign government and its diplomatic l ~"'""°~''­ mission in the United States may be punished. This law does \t\~~ 

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REF ID:A40194 

' ~CB~ • - "~w:~_,,.__ '""'J;=f /' ~.:. "'}D;,· ( .!=;--

not cover military ciphers or codes. ~~~~ '1 

Tentative Proposal for New Legislation 

8. In view of the foregoing, it was decided to study various 

points which should be included in a tentative draft of the new 

law. 

(A) The phrase "intent to inJure the United States" 

should be eliminated since this could scarcely be 

proven against any of our personnel who revealed 

information to other than a foreign spy. It would 

be difficult to prove a case against a Journalist 

who might write a very revealing story of our 

cryptanalytical activities under the pretext of 

protecting the United States. Congress' possible 

disinclination to penalize unintentional disclosures 

of our activities may oppose the omission of the 

phrase "intent to inJure the United States". Furthermore, it is doubtful whether Army or Navy 

authorities would care to prosecute in cases where 

inadvertent publicity resulted. However, something should be done to prevent deliberately soughtfor publicity, such as Yardley's, which disclosed 

our activities. 

(B) The elimination of the "intent" phrase would automatically reduce the crime to a misdemeanor since 

intent is necessary for felony. 

(C) The suggested penalty for unAuthorized dissemination or publication of communication intelligence 

was a two-year prison sentence at the maximum., or a 

fine, or both. This punishment is in accordance WJ..th 

the British Official Secrets Act which is to be studied as a possible model for a tentative draft for 

.American legislation. 

Next Oonf'erence 

L 

9. Another conference will be held in the very near future 

to discuss the following points: 

(1) Conclusions arrived at from a study of certain 

documents. 

(2) A list of the agencies and the number of individuals involved in cryptanalytical activity or re-

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ceivine coimD.unication intelligence. 

( 3) The interpretation of the phrase ''wilfully" in 

the Diplomatic Code Act of June 10, 1943. 

Conferees ~ 

Lt. {J~~ v. Connorton, USNR 

Lt. Flo~o!i~J 

APPROVED. 

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