SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE

ROBERT W. KASTENMEIER, Wisconsin, Chairman

MICHAEL J. REMINGTON, Chief Counsel
GAIL HIGGINS FOGARTY, Counsel
DAVID W. BEIER, Counsel
DEBORAH LEAVY, Counsel

THOMAS MOONEY, Associate Counsel
JOSEPH V. WOLFE, Associate Counsel

Davida, George I., professor, Department of Electrical Engineering and Com-

puter Science.......

36

36

38

246

251

13

14

146

12

12

90

Prepared statement

93

Goldsmith, Michael, professor of law Vanderbilt Law School

151

Prepared statement

158

Hoffman, Alexander C., chairman, Direct Marketing Association Inc

Laudon, Kenneth C., professor, of Computer Applications.

296

Prepared statement

304

Lawton, Esq., Mary C., Director, Office of Intelligence Policy and Review,

Department of Justice.....

366

Prepared statement

371

Magrath, Peter C., president of the University of Minnesota..

59

Prepared statement

51

McGehee, Ralph W., former CIA agent, author of "Deadly Deceits"

41

Prepared statement

44

Oettinger, Anthony G., chairman, Information Policy Research, Harvard Uni-

versity...

229

Prepared statement

233

Plesser, Esq., Ronald L., Blum, Nash & Railsback, Washington, DC.

349

Prepared statement

354

Press, Frank, president, National Academy of Sciences

63

Prepared statement

68

Schwartz, Herman, professor of law, American University

134

Prepared statement

139

Shattuck, Esq., John, vice president for government, Community and Public

Affairs for Harvard University.

Trubow, George B., professor, the John Marshall Law School

Prepared statement

Unger, Stephen H., professor, Computer Science Department.

Willenbrock, Karl F., chairman, IEEE Technology Transfer Committee.

APPENDIX I-MISCELLANEOUS ARTICLES

Cronkite, "Orwell's '1984'-Nearing?," New York Times, June 5, 1983.

Abrams, "The New Effort to Control Information," New York Times Maga-

zine, September 25, 1983.

393

394

Shattuck, "National Security a Decade After Watergate," Democracy (Winter,

1983)....

401

Emerson, "The State of the First Amendment as We Enter '1984,'" Yale L.

Rep. 15 (Spring, 1984)...

417

APPENDIX II-MATERIALS RELATING TO RESTRICTIONS ON THE PRESS IN GRENADA

House Resolution 384, 98th Cong. 1st Sess. (1983)......

425

News Release by the Secretary of Defense dated August 23, 1984, and at-

tached Final Report of the CJCS Media Military Relations Panel (Sidle

Panel)......

427

Humphries, "Two Routes to the Wrong Destination: Public Affairs in the

South Atlantic War," 36 Naval War C. Rev. 57 (No. 3) (1983)..

Gottschalk, 'Consistent with Security'. . . A History of American Military

Press Censorship," 5 Comm. and the Law 35 (1983)..

"U.S. Troops Remove Four Reporters," Washington Post, October 27, 1983.

"Invasion Secrecy Creating a Furor: Speakes Complained in Memo," Wash-

ington Post, October 27, 1983...

"Administration Limits News of Grenada," New York Times, October 27, 1983

"U.S. Forces Thwart Journalists' Reports," Washington Post, October 28, 1983

"Censoring the Invasion," Washington Post, October 28, 1983..

McCloskey, "Invasion and Evasion," Washington Post, October 28, 1983

447

463

481

482

484

485

486

486

"U.S. 'News Control' on Grenada," Washington Post, October 28, 1983.

487

"In Barbados, a Restless Press," Washington Post, October 29, 1983.

"Information Out of Sync,” Washington Post, October 29, 1983.

Lewis, "What Was He Hiding?," New York Times, October 31, 1983

"Admiral Fights 2 Battles: With Grenada and Press," Washington Post, Octo-

ber 31, 1983.

488

489

490

491

Grunwald, "Trying to Censor Reality," Time, November 7, 1983

494

"U.S. Press Curbs in Grenada May Affect International Debate," New York

Times, November 8, 1983...

495

Cohen, "Hey!", Washington Post, November 13, 1983.

496

"Information Blackout Revives Old Issues," Washington Post, November 15,
1983....

497

Cartoon by Herblock, Washington Post, November 16, 1983

"Shultz Defends Press Ban," Washington Post, December 16, 1983.

499

500

Johnson, "Echoes," Washington Post, January 29, 1984 (results of Harris Poll

on the press in Grenada)..

501

Middleton, "Barring Reporters From the Battlefield," New York Times Maga-

zine, February 5, 1984.

502

"U.S. Bars Reporters From Naval Exercises," Washington Post, May 6, 1984...

"Pentagon Plans Media Pool to Cover Missions," Washington Post, August 24,

1984

506

507

Page

Pentagon Forms War Press Pool; Newspaper Reporters Excluded," New

York Times, October 11, 1984..

508

Letter to House Committee on the Judiciary from Thomas J. Roche, Jr., dated

November 4, 1983...

510

Letter to Hon. Robert W. Kastenmeier from John Hendry dated October 30,
1983.......

511

Letter to Hon. Robert W. Kastenmeier from Ralph D. Bradway dated Novem-

ber 8, 1983...

512

Letter to Hon. Robert W. Kastenmeier from Elbert N. Mullis, Jr., dated

November 4, 1983.

14

Letter to David Brinkley from S.H. Byers, President, Byco, Inc., dated Novem-

ber 4, 1983......

APPENDIX III-PREPUBLICATION REVIEW PRACTICES BY GOVERNMENT AGENCIES

Bamford, "How I Got the N.S.A. Files: How Reagan Tried to Get Them

Back," Nation, November 6, 1982.

Memorandum from William French Smith, Attorney General, to heads of

offices, boards, divisions and bureaus, dated March 11, 1983, regarding

Presidential Directive on Safeguarding National Security Information...

Burnham, "The Silent Power of the N.S.A.," New York Times Magazine,

March 27, 1983......

Letter to Hon. Glenn English from Lincoln D. Faurer, Director, N.S.A., dated

June 14, 1983. Attachment: Responses to questions from Representative

Glenn English....

Letter to Hon. Robert W. Kastenmeier from Don Sellar, Prairie Correspond-

ent, Southam News of Canada, dated October 28, 1983. Attachments: "FBI

Quizzes Canadian Correspondent About Source of Defense Information,"

the Washington Post, September 1, 1983. Arvidson, "The FBI Bears Down,"
Columbia Journalism Review, September/October 1983..

Taubman, "Security Agency Bars Access to Nonsecret Material, Library

Records Show," New York Times, April 28, 1984.

R. McGehee, Deadly Deceits 196-203 (Appendix: This Book and the Secrecy

Agreement)..

514

515

516

519

526

532

541

546

548

APPENDIX 2

APPENDIX I-MISCELLANEOUS MATERIALS

Letter from Professor George I. Davida, University of Wisconsin-Milwaukee,

to Hon. Robert W. Kastenmeier, dated October 28, 1983. Attachment:

"American Council on Education, Report of the Public Cryptography Study

Group," February 7, 1981 .

Letter from Jonathan Knight, Associate Secretary, American Association of

University Professors, to David Beier, Esq., Counsel, House Committee on

the Judiciary, dated October 31, 1983. Attachment: "American Association

of University Professors, Government Censorship and Academic Freedom"...

"American Association for the Advancement of Science, Project on Secrecy

and Openness in Scientific and Technical Communication," October 1983......

Letter from William D. Carey, Executive Officer, American Association for

the Advancement of Science, to Hon. Robert Kastenmeier, dated February

15, 1984.

Letter from A. Bartlett Giamatti, President, Yale University, to Hon. Robert

Kastenmeier, dated December 12, 1983....................

"American Civil Liberties Union, Free Speech, 1984: The Rise of Government

Controls on Information, Debate and Association," July 1983.....

Relyea, "Shrouding the Endless Frontier-Scientific Communications and Na-

tional Security: Considerations for a Policy Balance Sheet," 1 Gov't. Infor-

mation Q. 1 (1984)

602

631

Gelbspan, "U.S. Tightening Access to Information" (3-part series), Boston

Globe, January 22, 23, 24, 1984

646

Ehlke & Relyea, "The Reagan Administration Order on Security Classifica-

tion: A Critical Assessment," 30 Fed. Bar News & J. 91 (1983).

652

"American Association for the Advancement of Science, Scientific Freedom

and National Security," June 1984.....

"Federal Restrictions on Research: Academic Freedom and National Securi-

ty," Academe, September/October 1982 at 19..

Gray, "Technology Transfer at Issue: The Academic Viewpoint," IEEE Spec-

trum, May 1982, at 64

Wallich, "Technology Transfer at Issue: The Industry Viewpoint," IEEE Spec-

trum, May 1982, at 69

Pyle, The Invasion of Privacy, 34 Proc. of the Acad. of Pol. Sci. 131 (1982).....

Kamen, "Appeals Court Upholds CIA Censorship of Article," Washington

Post, October 5, 1983.........

"National Security and Scientific Freedom," AAAS Committee on Scientific

Freedom and Responsibility Bulletin, September 1982

Massachusetts Institute of Technology, Interim Report of the Committee on

the Changing Nature of Information, March 9, 1983.

Unger, "The Growing Threat of Government Secrecy," Technology Review,

February/March 1982 at 31

R. Park, Scientific Freedom: Where Does Congress Stand? (unpublished

paper).......

Chalk, "Commentary on the NAS Report," 8 Science, Technology, & Human

Values 21 (1983)..

Rosenbaum, Tenzer, Unger, Van Alstyne & Knight, "Academic Freedom and

the Classified Information System," 219 Science 257 (1983).....

American Association for the Advancement of Science, Committee on Scien-

tific Freedom and Responsibility, National Security and Scientific Commu-

nication (June 1982)..

W.D. Cooke, T. Eisner, T. Everhart, F. Long, D. Nelkin, B. Windom, E. Wolf,

Restrictions on Academic Research and the National Interest (unpublished

paper)...

Ferguson, "Scientific Freedom, National Security, and the First Amendment,'

221 Science 620 (1983)....

Ferguson, "Scientific and Technological Expression: A Problem in First

Amendment Theory," 16 Harv. C.R.-C.L. L. Rev. 519 (1981).

Corson, "What Price Security?," Physics Today, February 1983, at 42..

Pike, "When Science is Outlawed," Inquiry, March 29, 1982, at 21.

Harvard University, Federal Restrictions on the Free Flow of Academic Infor-

mation and Ideas, January 1985

APPENDIX 3

APPENDIX I-ARTICLES

Soma & Wehmhoefer, "A Legal and Technical Assessment of the Effect of

Computers on Privacy," 60:3 Den L.J. 449 (1983)..

"The High-Tech Threat to Your Privacy," Changing Times, April 1983, at 61...

Dubro, "Your Medical Records. How Private Are They?" California Lawyer,

April 1983, at 33...

Neustadt & Swanson, "Privacy and Videotex Systems," Byte, July 1983 at 98..

Smith, "Probing the Capitol's Drug Store," 9 Privacy Journal, September 1983

Attachment: Advertisement for Computerized Prescription System at

Giant Pharmacies.....

Boorman & Levitt, "Big Brother and Block Modeling," New York Times,

November 20, 1983..

Boorman & Levitt, "Block Models and Self-Defense," New York Times, No-

vember 27, 1983.

Rule, McAdam, Stearns, & Uglow, "Documentary Identification and Mass

Surveillance in the United States," Social Problems, December 1983, at 222.

Clymer, "Privacy Threats Worry Americans," New York Times, December 8,

1983.

Burnham, "IRS Starts Hunt for Tax Evaders, Using Mail-Order Concerns'

Lists," New York Times, December 25, 1983.

923

Brownstein, "Computer Communications Vulnerable as Privacy Law Lag

Behind Technology," 16 National Journal 52 (1984).

926

Burnham, "IRS Seeks Links to County Computers in Texas to Find Debtors,"

New York Times, March 13, 1984...

932

Burnham, "U.S. Agencies to Get Direct Link to Credit Records," New York

Times, April 8, 1984.......

933