REF ID:A39925 

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@'pp roved for Release by NSA on 09-27-2013 pursuantto E .0. 1352a 
SOTS: CONGRESS 

2D8ESSION 

REF ID:A39925 

' 

,· 

IN THE SENATE OF THE UNITED STATES 

MAY 17 (legislative day, MAY 10), 1948 

Mr. GURNEY introduced the following bill; which was read twice and refened 

to the Committee on Armed Services · 

A BILL. 

To enhance further the security of the United States by preventing disclosures of information concerning the cryptogi'apliic 

systems and the communication intelligence activities ,~f 

the United States. . .. ,,..·. 

~ .. '. 

1 Be it enacted by the Senate and House of Repr.esentg,-:- ~ ;_ 

2 tives of the United· States of America in Oongress assembleP,, (~ '... 

3 That whoever shall. communicate, furnish, transmit, or other:- . ;~ ~ 

4 wise make available to an unauthorized person, or publi~p{ ~ .· ,:,, 

5 or use in any manner prejudicial to the safecy or· interes~ . J~ 

6 of the United Stat~s or for the benefit of any foreign gox:-, 

7 ernment to the detriment of the United States any classifi~~. 

"'· ·-> 

8 information ( 1) concerning the nature, preparation, or u~e. 

9 of any code, cipher, or cryptrographic system of the Unite~ . ~-). .. 

. --·- ·---·- - ··-· -- .. --- ·---
REF ID:A39925 

2 

1 States or any foreign government; or ( 2) concerning the 

2 design, construction, use, maintenance, or repair of any 

3 device, apparatus, or appliance used or prepared or planned 

4 for use by the U :nif».d St&tes· or any foreign gov~mmeat for 

5 cryptographic or communication intelligence purposes; or 

6 ( 3) concerning the co.riiinunicatiori intelligence activities of 

7 the,, Unned States· or any ·foreign government; or (4) 

8 obtained by the processes of communication intelligence from 

9 the communications of the United States or any foreign 

10 government, shall! be fined not more than $10,000 or 

11 imprisoned not more than ten years or both~ 

12 SEC. 2. (a). The term "classified information" as used 

13 herein, shall be, construe~ to mean information which, at the . 

14 · time of a violation under this Act, is, for reasons of national 

15 security, specifically designated by a United States Govem16 ment agency for limit~d or restricted dissemination or dis17 . tribution. 

·" 18 (b) The terms "code", "cipher", and "cryptographic . . 

19 system'' as used herein shall be construed to include in their 

2o meanings, in addition to their usual meanings, any method 

21 of secret writing and any mechanical or electrical device 

22 or method used for the purpose of "disguising or concealing 

23 the contents, significance, or meanings of communications. 

24., The term "cryptographic purposes" as used herein is corre26 spondingly extended in the scope of its meaning. 
REF ID:A39925 

s 

. 1 {o) The furnl "foreign governriumt'~ a.s ~d herein 

~- shall he con5trued ·to include in im meaming any pel'Son or 

3 persons acting or purporting to act for or mi<. ·behltlf of 

4 any faction, party, departmen~, agency, bureau, or military 

5 force of or within a foreign country, or for or on behalf 

6 of any government or any person or persons purporting to 

7 act as a government within a foreign country, whether or 

8 not· such government is recognized by the United States. 

9 '( d) The term ~'communication intelligepce" ·as used 

10 herein 'shall· be construed to mean all procedures and methods 

11 used ~ . the interception of communications and the obtain12 ing of. inJormatioit frOIIl ·snch communicaticms by other than 

13 the ·intended recipientS. The terms "communication intelli14 genoo activities" and _'·'oommunication intelligence purposes" 

15 as used· herein shall be construed accordingly. 

16 ( e) The term "miauthorized. person" as used herein 

17 shall be construed to mean any person who, or agency which, 

18 is not authorized to receive information of the categories 

19 s~t forth in section 1 of this Act, by the President, or by 

20 the head of a department or agency of the United States 

21 Government which is expresslY, designated by the President 

22 to engage in communication intelligence activities for the 

2S United St.ates. 

24 SEC. 3. Nothing in this Act shall prohibit the furnish25 ing, upon lawful demand, of information to any regularly 
SOT:a CONGRESS s. 2680 2DSEssron 

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en ~ To enhance further the security of -the United 

~ ~ 0 States by preventing disclosures of infor- +;> - .El mation Concerning the ccyptographic sys- 0 

Q 0 tenis and. the communication intelligence ac- ···Q;) ....... ' 

- 1-1 -e) 00 ti vi ties of the United States. "' .,.. 

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~ ,.... By.Mr. GurumY 

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Q;I s MAY 17 (legislative day, M.Al" 10), 1948 ~ 

~ -< Read twice and ref erred to the Committee on 

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80'.m: CONGRESS 

2DS:m&SION 

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REF ID:A39925 

• 

Calendu No~ 14'80 

s. 2680~ ~~.~11 (~,~~) 

[Report No.1433]. 

IN THE SENATE OF THE UNITED STATES 

. M.AY 17 (legislative day, MAY 10), 1948 

· Mr. GURNEY introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

MAY 28 (legislative day,.MAY 20), 1948 

Reported by Mr. BALDWIN, with amendments 

I.Omit the part struck through] 

ABILL 

To enhance further the security of ·the United States by preventing disclosures of infof!Ilation concerning the cryptographic 

systems and the communication intelligence activities of the 

United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That whoever shall communicate; furnish, transmit, or other4 wise make available to an unauthorized person, or publish, 

5 or use in any manner prejudicial to the safety or intere&t 

6 of the United States or for the benefit of any foreign gov7 ernment to the detriment of the United States any classified 

8 information -( 1) concerning the nature, preparation, or use 

9 of any code, cipher, or cryptographic system of the United 
REF ,ID: A39925 

~ 

2 

1. States_ or any foreign goven1ment; or ( 2) concerning the 

2 design, construction, use, maintenance, or repair of any 

3 device, apparatus, or appliance used or prepared or planned 

4 for use by the United States or any foreign government for 

5 cryptographic or communication intelligence purposes; or 

6 ( 3) concerning the communication intelligence activities of 

7 the United States or any foreign government; or ( 4) 

8 obtained by the processes of communication intelligence from 

9 - the communications of the United States or any foreign 

10 government, shall be fined not more than $10,000 or 

11 imprisoned not more than ten years or both. 

12 SEC. 2. (a) The term "classified information" as used 

13 herein shall be construed to mean information which, at the 

14 time of a violation under this Act, is, for reasons of national 

15 security, specifically designated by a United States Govern16 ment agency for limited or restrioted dissemination or dis17 tribution. 

18 (b) The terms "code", "cipher", and "cryptographic 

- 19 system" as used herein shall be construed to include in their 

20 meanings, in addition to their usual. meanings, any method 

21 of secret writing and any mechanical or electrical device· 

22 or method used for the purpose of disguising or concealing 

23 the contents, significance, or meanings of communications. 

24 !l%e ~ "ef)rptographie pt1:rposes" as tJ:Sed hefein is eoffe 

25 spoBaffigly 0*tCBfteft Hl -the se6pe ef Hs metmiftg. 
REF ID:A39925 

• 

3 

1 ( c) The term "foreign government" as used herein 

2 shall be construed to include in its meaning any person or 

3 persons acting or purporting to act for or on behalf of 

4 any faction, party, department, agency, bureau, or military 

5 force of or within a foreign country, or for or on behalf 

6 of any government or any person or persons purporting to 

7 act as a government within a foreign country, whether or 

8 not such government is recognized by the United States. 

9 ( d) The term "communication intelligence" as used 

10 herein shall be construed to mean all procedures and methods 

11 used in the interception of communications and the obtain12 ing of information from such commmiications by other than 

13 the intended recipients. ~ teffits "eoHlHlttBieation intelli 

14 . . . " ~~.:I " • • • ll' " genee aetiv1t1es tttttt eommttmeatron mte igenee pl:llj)oses 

15 ttS itsOO: h&ein shtiJl tie eonstrued aeeordingly. 

16 ( e) The term "unauthorized person" as used herein 

17 shall be construed to mean any person who, or agency which, 

18 is not authorized to receive inform3:tion of the categories 

19 set forth in section 1 of this Act, by the President, or by 

20 the head of a department or agency of the United States 

21 Government which is expressly designated by the President 

22 to engage in communication intelligence activities for the 

23 United States. 

24 SEC. 3. Nothing in this Act shall prohibit the furnish25 ing, upon lawful demand, of information to any regularly 
.s -

0 .......... 

SOTH CONGRESS 

2D SESSION 

Calendar No. 1480 

S.2680 

[Report No. 1433] 

ABILL 

To enhance further the security of the United 

· States by preventing disclosures of information concerning the cryptographic systems and the communication intelligence activities of the United States. 

By Mr. GURNEY 

MAY 17 (legislative day, MAY 10), 1948 

Read twice and referred to the Committee on 

Armed Services 

MAY 28 (legislative day, MAY 20), 1948 

RePorted with amendments 
S<>rs: CONGRESS 

ii> 8ESSI:OB. 

REF ID:A39925 

' 

S.2680. :!· 

IN THE SENATE OF THE UNITED Bi'ATES 

MAY 17 (legislative day, MAY 10), 1948 

Mr. GullNEY introduced the following bill; which was read twice and :ref~ 

to the Committee on Armed Services ' 

A BILL 

To enhance further the security of the United States by prevent--

ing disclosures of information concerning the cryptogiraptdC 

systems and the communica~on intelligence . _activities r.tf 

the United StateE)- ~ ..... J Jr-.,,;;if . :.t:Wii'· ar 

1 Be it enacted lYy the Senate and House of ~epres~ . . ,_: ' ' :, . 

2 tives of the Unit~ States of America in Oqngr81!8 _asaemb~, 

3 That whoever shall. communicate, furnish, transn;iit, or oth~t- . . . . . .•. t 

4 wise ma~e available to an unauthorized person, or. publi~ 

5 _or use in any manner prejudicial to the sa,feo/:. or inte1l.f 

6 of the United. States or for the benefit of any foreign gft"V;" . . ' •.. ·· ::C:' ""'~ 

7 ernment to the detriment of the United States ~y c~si:fWJj • - : . .... . <.·~ . . . .:. . 

8 information ( 1) concerning the nature, preparation, _or 1¥W . . . : i .. :': ; . 1.-.. 1.'16 

9 of any. code, cipher, or cryptrographic systein of ·.the Uni~ ·. . . . . . "'.' ··:· . . . .. G.,. 
REF ID:A39925 -~----y ----~---

r 

2 

1 States or any foreign government; or ( 2) concerning the 

2 design, construction, use, maintenance, or repair of any 

3 device, apparatus, or appliance used or prepared or planned 

4 for use by the United States or any foreign government for 

5 cryptographic or communication intelligence purposes; or 

6 ( 3) concerning the communication intelligence activities of 

7 the Uruted States or any foreign government; or ( 4) 

8 obtained by the processes of communication intelligence from 

9 the communications of the United States or any foreign 

10 government, shall! be fined not more than $10,000 or 

11 imprisoned not more than ten years or both. 

12 SEC. 2. (a) The term "classified information" as used 

13 herein shall be construed to mean informati-On which, at the 

H '.time of a violation under this Act, is, for reasons of national 

lfi security, specifically designated by a United States Govem16 meiit agency for limited or restricted dissemination or dis1'7 tribution. 

lS (b) The terms "code';, "cipher", and "cryptographic 

19 system" as used herein shall be construed to include in their 

20 meanings, in addition to their usual meanings, any method . 

21 of secret writing and any mechanical or electrical device 

22 or method used for the purpose· of disguising or concealing 

23 the contents, significance, or meanings of communications. 

24: The term "cryptographic purposes" as used herein is corre25 spondingly extended in the scope of its meaning. 
REF ID:A39925 

s. 

1 (c) The term "foreign government" as used herein 

2. shall be construed to include in its meaning any person or 

3 persons acting or purporting to act for or on behalf of 

4 any faction, party, department, agency, bureau, or military 

5 force of or within a foreign country, or for or on behalf 

6 of any government or any person or persons purporting to 

7 act as a government within a foreign country, whether or 

8 not such government is recognized by the United States. 

9 ( d) The term "communication intelligence" as used 

10 herein shall be construed to mean all procedures and methods 

11 used in the interception of communications and the obtain12 ing of information from such communications by other than 

13 the intended recipients. The terms "communication intelli14 gence activities" and "communication intelligence purposes" 

15 as used herein shall be construed accordingly. 

16 ( e) The· term "unauthorized person" as used herein 

17 shall be construed to mean any person who, or agency which, 

18 is not authorized to receive information of the categories 

19 set forth in section 1 of this Act, by the President, or by 

20 the head of a department or agency of the United States 

21 Government which is expressly designated· by the President 

22 to engage in communication intelligence activities for the 

23 United States. 

24 Soo. 3. Nothing in this Act shall prohibit the furnish25 ing, upon lawful demand, of information to any regularly 
I 

Q;) 

! 

·~ 

0 

0 

+=> .s 

0 ....... 

80TB CONGRESS 

2J>SESSION S.2680 

A BILL 

To enhance further the security of the United 

States by preventing disclosures of information concerning the cryptographic systems and the communication intelligence ac- -

tivities of the United States. 

By Mr. GURNEY 

MAY 17 (legislative day, M.u 10), 1948 

Read twice and referred to the Committee on 

Armed Services