REF ID:A40153 

e 

27 June 1944 

Memorandum tor Mr. Friedman. 

" I believe that the proposed legislation should include a clause to prohibit 

the disclosure ot any intormation on the use or secret inks as well as the use 

ot microscopic, llll.Crophotographic, and photographic methods tor secret writing 

both by ourselves and by other coOntries. 

!Declassified and approved for release by NSA on 09-27-2013 pursuant to E. 0. 1352§ 
• 

REF ID:A40153 

ARMY SERVICE FORCES 

SIGNAL SECURITY AGENCY 

WASHINGTON 2!5 D C_ 

• 

SPSIS•Ul 

28 June 1944 

llEllawIDUM For Mr. Willia F. J'riedman 

Subjects RecOllllendations for Changing Existillg Law• 

" 1. The attached pa.per throughout uses the phrase "or &D1' foreign 

gcwerment•. This phrase, which is clarified in paragraph 2 ot the 

Memorandum, i• questioned as to suitabilit7 and meaning. It is recommended that this phrase be deleted throughout and that an additional 

paragraph, employing the general phrase •crn>tographic and cr,.ptanalJ"tio successes and endeavors•, be inserted. 

2. This recC11DD1eDdation is baaed on the :ract that as written we 

are concerned with the protection ot the foreign cryptographic and 

Cl"JPtanal.J'tic systems in tiae ot peace. Such intorma.tion caning to 

us from United States citisena may be most valuable. It is believed 

that the intent •s to suppress •!>7 discussion or revelations ot our 

successes and endeayora. 

~c.P.~c Earle :r. Cook 

Lt. Colonel, Signal Corpa 

2 Inela. 

Incl 1. (2) Buck Slips 

Incl 2. Memo, re above subject 
REF ID+A40153 

ROUTING AND WORK SHEET 

SUBJECT_ Proposed Legislation 

•- -

Number 

each 

action 

1 

1394 

To- Memorandum 

Ad.nm. Officer, 

Attn: 

1. With the exception of the following modific~tions, this Branch concurs in the 

Lt. Tompkins attdched, Pr~posed Legislation. 

""' a. The definition oi' i:,he term 

cryptographic should be clearly stated to 

include cryptophonic devices (telephone privacy 

and cifax (facsimile privacy). 

" b. Line 4 of the attached draft should 

be expanded to include the phrase 11 or have or 

have had knowledge of. 11 

c. The law should embrace all persons '°' subJect to the laws of the u.s., and not be 

li1I11.ted to U.S. employees or those in the 

armed forces. 

d. The phrase tsarmed forces" would 

" be preferable to the phrase nmili tary forces 11 • 

" e. Disclosure of information relating 

to the locations, strength, equipments, 

methods, organization, and missions of War 

Department Fixed Radio Intercept Stations 

should also fall under tne provisions of this 

law. 

1 lncl: 

Incl 1 - Draft 

dtd 13 June 44 

Name, Division or Branch, and Date 
Number 

each 

action 

ToREF. ID :_A40153 

a aL\JRET 9 

RdtJTING AND WORK SHEET 

Memorandum 

1. lfr. Friedman " 1. I. am. heartily in favor ot your pro1894. 

posed legislation, but although I make no claim 

to being a lawyer, it strikaa me tram readi:ag 

Article 3 ot the Umted States Constitution 

that any such legislation would fall under the 

general article on treason, Bild would be 

CFlaimed to be unoonat1tut1onal, as treason i8 

80 clearly defined, and in tllll8 ot peace, when 

this legialationwould be etteotive, the United 

States would theoretically have no enemies. 

Hence, it seems to me that it my contention, 

which is nothing more or leBB than a '-uppoaition, be correct, the law would have very 11ttl 

ettect. 

-..J 2. Further, I al so tbll'lk, from my experience 111 civilian lite, that it would be extremely dittioul t to o cmv1ot anybody under 

this legislation by a jury composed ot civilians. 

3. It seems to me, therefore, that about 

the cm.lJ" way this could be accomplished would 

be that any military connected 111 th this work 

be perpetuallJ" held 111 the Reserve Corps, so 

that theJ" woald be subJect to military juriadiot1on, and that it possible, a similar arrangement be made with all civilian personnel, 

so that they would be perpetua.llJ" under the 

military JUr1sd1ot1on as well. 

4. I frankly do not believe any other 

method will secure the reaul ta desired. 

Name, Division or Branch, and Date 

"· . Fn.J Major, SPSIR 

Ext. 391 

2'7 June 44 
REF ID:A40153 

R~TING AND WORK s&T 

(PAR 40 62 0 R ) 

SUBJECT~~PO--'"S~T~W. __ AR~-§~~c_u_.RI_T~Y_...O~f_C_R_YP~t~O~L~OG-'-"'-IC--=A~C~TI~VI-==T~IE~S~~~·~-· ~ 

Number 

each 

nction 

1. 

SC1240 

To- Memorandum 

Director. 

Communications 

Research 

l. "Fn Branch suggests that the requirements which the inolosed information intends 

to cover by legislation does not include the 

following situa.tionss 

"1 a. The wording seems only to have 

Mr. Friedman the legislation apply to individuals who 

are directly employed by the Govermnent. ~his does not cover contractors and their 

agents. 

'"\/ b. The wording also gives the 

impression that if information which is intended to be kept classified is disclosed 

in any way to unauthorized persons. prosecution of the person making such disclosure 

depends entirely upon his being employed by 

the u. s. Government at the precise moment 

that said person originally obtained the information. 

" 2. Suggest that situations where 

indiv1duals not employed by the Government 

disclose information detrimental to the 

country's welfare also be included. 

" 3. Suggest that the matter be studied 

and written from the viewpoint that it is 

to be enforced by Federal law and not u. s. 

Amy law. 

l Inol.1 Original suggested 

legislation. 

\-'!. • I ... '· 

.. 

- -- ;o.. .::. 

"" ~" -· - .. .... ~ ..1:'t 

Name, D1v1sion or Branch, and Date 

I 

o Rosen 

Major, SPSIF 

27 June 1944 

Ext. 284 
REF ID:A40153 

• 

.: DRAl'T 

• 

1. Whoever, by v1rt~e qt hi• tJISPlOJDlent b7 the United 

~tate~ ~r b7 virtue <!£_~! !erv1oe in the Jll111tary torcea ot 

• the ' United Statea,f\sball ~~ obtain or ebal~ have custo4y ot or 

ho' ~ r ' &d~~!l to, or shall bave bad cu•todJ' ot or aooeaa to, (1) any o-AA ~~'-' !.~ ,,.., ~ ~ _\ode or oipher :\gtJ the 'United Sta tea IE_r &DJ' torei~ governm.en§', ~ ,_II\: -

~ .. or 7(2) &nJ' 1ntormat1on ooncern1ng the preparation and use ot 

' ~ t- AllT" code or c1l!her" b;r the United States@:' &lI'f tore1~ goverment, 

~. b~ (') &%17 intormation conce:rni.ng the pre~ration or uae ot 8.1J.7 ~tr\'~ ~ N o:tc..a..r ~ ct~ a.t ~~ ~1 ~~ 

~ %n>topapb1c or crn>ta.nalytical a7atem ot] the United States }!r d f/ \ 

... , arJ.7 torei~ govermaent ! or ( 4) &%11" intorma. ti.on concerning the 

~ ~ons~ru.ot+on, use, :maintenance or repair ot &lJ.1' device, apparatus 

or appliance used or prepared tor uee b7 the United State~ ~ 

{iin.7_ tore:Laj government tor orJPtographic or crn>te.nal7t1cal 

~ purpoaea,or (5) &.D.J' mater.1al prt?par~d or which ptll'ports to have I ~ ~~ 

be~~red b7 the use or &n7Acode or cipher or b7 the use ot 

aeyl\orn>tographic or c17ptanalJtical •1•tem., or bJ" any device, 

•pparatua, or appliance used or JQB1ntained to~ uee f9r Ol''fPtogr~phi.c 

< 

• 01' ~:r.'JPtan&lftical purposes b7 the Un1te\_1 5tatea @.r by arrj tore1gn.J .. .. ,. ... 

government., or (6) &Jl7 1ntorma.t1on concerll.1.ng the crn>tograph!o 

q~ O~Jl>tan&lytical aot1v1t1es ot the Unit~d Stateaf9r an7 foreign] 

~overnm.ent,~aball viltull7 and without authorization b7 oompetent 

( - a~"t~1ti- d.11Titr or exbib~t &Jl7 •uch 11Bt8l'1&l, or publish, . 

, c:U.sclose to anothe~ ror publication, or othe~viae di~lge an.7 . - ... \ intormBi.t~Qn 9oncer.D.1ng any •uoh matters to another •hall be gU1lt7 

~ of an ottenee ~~ainat the United Btatoa and •hall upon conv1ot1on 

', , A ~ I ~ '"'a'*"~ ....... o.~ ..... ~~ ~titt I)';~ 

- O"(J)°?...~~ ..... ~ ~ ~ ~.1.1\-tr--:£... 

t • ~~~ A)~ ~Jo.<l ~ ~ ~ to~ ~~~~ ' 
REF ID:A40153~~~-

• 

°S' .... !' - ' • • th~J-~"qt be_ t~ed no1; ~o:re t~ -------- Ol' imp~~soned ' • ,,_ "' :t<!~ ~P-9t .moie ,;ban---------- ol' both. - "" 'f .. 

,, 

e. !he ~e~ "to.,.,1gn go~·l'~ent" ae uaed her•~ 'hall ~· . ~ 

• t~ep. ~o 1~l®e ·~ i:act1on or prt7. Ol' 11fl1t&l'J" ol' ~y_~l 

f9~oe, v1tb1n a to~e1gn countr7, Whether recognized Ol' utl1'6cog- .. ' ' 

-nized b7 the Vnited Stat••· 

'Ci)~' A_~ -'-~ ~ ~'f--b_v..,_~ 3. ·~\)~ u-c··-r.><J~r-'--t_~ -

l 

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.. 

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.. 

_,_ 

... 2 - • 

. . 

- . 

i 

. ~ 

... 

., 

., -

,. 

.. 

,. 
REF ID:A40153 

.. 

Rel-TING AND WORK SH.ET 

SUBJECT ___ - __ .P~opoa~d T.eeislation fo'l" Security Control 

--------- - - - - -- - -=--= -=-=-===-====------------ --=---=--=---=--=-- - - - Number 

each 

action 

1. 

1894 

ToDirector ot 

Comwnications 

Research 

Memorandum 

1. Proposed legislation for betterJ11.0nt 

or Security Control of employees charged with 

cryptographic and cryptanalytic activities has 

been reviewed by C Branch. 

2. C Branch concurR in the general id.ea 

and has no comrient or suggestion. 

l Incl. 

Draft dated 1.3 June 1944 

Name, Division or Branch, and Date 

'fllr/1/--

'R.ussell H. Hort• 

MaJor, SPSIC 

29 June 1944 

Ext. 241