THE GOVERNMENT'S CLASSIFICATION OF PRIVATE IDEAS HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON GOVERNMENT OPERATIONS NINETY-SIXTH CONGRESS SECOND SESSION FEBRUARY 28; MARCH 20; AND AUGUST 21, 1980 Printed for the use of the Committee on Government Operations 83-362 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1981 COMMITTEE ON GOVERNMENT OPERATIONS JACK BROOKS, Texas, Chairman L. H. FOUNTAIN, North Carolina WILLIAM S. MOORHEAD, Pennsylvania JOHN CONYERS, JR., Michigan HENRY A. WAXMAN, California PETER H. KOSTMAYER, Pennsylvania FRANK HORTON, New York 1 CONTENTS Abrams, Floyd, Esquire, Cahill Gordon & Reindel Davida, George, associate professor, Department of Electrical Engineering and Computer Science, University of Wisconsin-Milwaukee, Milwaukee, Foy, H. Miles, Senior Attorney Adviser, Office of Legal Counsel, Depart- ment of Justice; accompanied by Vito Di Pietro, Assistant Director, Commercial Litigation Section, Civil Division; and Larry A. Hammond, Deputy Assistant Attorney General, Office of Legal Counsel.............. Inman, Adm. B. R., Director, National Security Agency, Fort Meade, Md.. Moore, David Pelton, inventor and attorney, as presented by Paul Meikle- Sciascia, Richard, Chairman, Armed Services Patent Advisory Board, Department of Defense; accompanied by Lt. Col. Howard M. Hougen, Intellectual Property Division, Office of Judge Advocate General, De- partment of the Army; Donald J. Singer, Patents Division, Office of Judge Advocate General, Department of the Air Force; and Frank G. Nieman, Principal Patent Staff Attorney, Office of Naval Research, Sewell, Duane, Assistant Secretary for Defense Programs, Department of Energy; accompanied by Eric Fygi, Deputy General Counsel; Leon Sil- verstrom, Assistant General Counsel for International Development Tegtmeyer, Rene D., Assistant Commissioner for Patents, Patents and Trademark Office, Department of Commerce; accompanied by C. D. Quarforth, Director, Special Laws Administration Groups........ Wagner, Dr. Richard, executive associate director, Lawrence Livermore Laboratory, Livermore, Calif.. Letters, statements, etc., submitted for the record by- Abrams, Floyd, Esquire, Cahill Gordon & Reindel: Information concern- Davida, George, associate professor, Department of Electrical Engineering and Computer Science, University of Wisconsin-Milwaukee, Milwaukee, Cryptography/technical data....... Prepared statement. .... 242-257 Fygi, Eric, Deputy General Counsel, Department of Energy: Prepared Letters, statements, etc., submitted for the record by--Continued Page Department of Justice memorandum to Dr. Frank Press, Science ........ 264-265 Kahn, David, author, Great Neck, N.Y.: Prepared statement and supplementary remarks ....... 411-415, 432-433 McCloskey, Hon. Paul N., Jr., a Representative in Congress from the State of California: November 12 and December 21, 1979, letters from Argonne National Laboratory scientists......... Moore, David Pelton, inventor and attorney: ..... 331-345 Chronology of events relating to the invention secrecy claim.................. 236 190-234 Preyer, Hon. Richardson, a Representative in Congress from the State of North Carolina, and chairman, Government Information and Individual Rights Subcommittee: March 17, 1980, letter from Roger E. Batzel, director, Lawrence Livermore Laboratory, re views on the importance of protecting information that is determined by DOE, under the law, to be restricted data........ 434-435 Sciascia, Richard, Chairman, Armed Services Patent Advisory Board, Information concerning carbon fiber technology Prepared statement. 473 448-461 Submissions to additional subcommittee questions 462-467 Sewell, Duane, Assistant Secretary for Defense Progams, Department of Nature and history of the classification category of "formerly re- Prepared statements........ ...... 500-527 307-316, 485-493 Tegtmeyer, Rene D., Assistant Commissioner for Patents, Patents and Submissions to additional subcommittee questions APPENDIXES Appendix 1.-Statements submitted for the record.......... 10-160 175-187 1. Barton, John H. and Marson, Charles C., professors, Stanford Law School, Stanford, Calif.: Joint statement 2. Dewitt, Hugh E., Physicist, Lawrence Livermore National Laboratory, Livermore, Calif..... 547 3. Kidder, Ray E., Theoretical Physics Division, Lawrence Livermore National Laboratory, Livermore, Calif.. 556 560 4. Marsh, G. E., DeVolpi, A., Postol, T. A., and Stanford, G. S., Argonne National Laboratory, Illinois: Joint statement. Appendix 2.-Subcommittee correspondence with the Department of Energy.. 1. Letter from Chairman Richardson Preyer, Subcommittee on Government Information and Individual Rights, to Honorable Charles Duncan, Secretary of Energy, dated April 22, 1980, with reply, dated May 23, 1980.......... 2. Letter from Honorable Charles Duncan, Secretary of Energy, to Chairman Richardson Preyer, Subcommittee on Government Information and Individual Rights, dated August 18, 1980 3. Summary submitted by the Department of Energy at the request of the subcommittee staff entitled "General History of the Handling of 25 'Special Patent Applications' " and memorandum to file .......... Appendix 3.-Miscellaneous materials.......... 1. Letter from Richard G. Hewlett, Chief Historian (retired), Department of Energy, to Hon. Richardson Preyer, chairman, Subcommittee on Government Information and Individual Rights, submitting "The 'BornClassified Concept' in the U.S. Atomic Energy Commission," a historical study, dated June 12, 1980. 576 576 579 695 698 698 |