Atomic Energy Act of 1946 - "Born Secret"

"Born Secret"

The McMahon Bill was submitted to Congress on December 20, 1945. Under the heading “Purpose of Act,” the second item was “(2) A program for the free dissemination of basic scientific information and for maximum liberality in dissemination of related technical information.”

Section 9 of the bill was titled “Dissemination of Information.” It called for release of nuclear technology information “with the utmost liberality as freely as may be consistent with the foreign and domestic policies established by the President.”

However, by August 1, 1946, when the Atomic Energy Act reached President Truman for signature, the second purpose was revised to state, “(2) A program for the control of scientific and technical information...,” and Section 9 was removed and replaced by a new Section 10, “Control of Information.” This new section contained the novel doctrine later described as “born secret” or “classified at birth.” It defined a new legal term, “restricted data”, as “all data concerning the manufacture or utilization of atomic weapons, the production of fissionable material, or the use of fissionable material in the production of power,” unless the information has been declassified. The phrase “all data” included every suggestion, speculation, scenario, or rumor—past, present, or future, regardless of its source, or even of its accuracy—unless it was specifically declassified.

This restriction on free speech, covering an entire subject matter, is unique in American law and it is still enforced.