4 ms·

This seems like targeted harassment. Are those NDA's even valid anymore?

mcpherrinm 7y ago
Having known other people who have worked for the NSA, they've had to clear any publications with them before publishing (eg, academic papers in a field related to their work, resumes describing work done at the NSA, etc). My understanding is they're enforcable for the rest of your life. I'd expect to see this if anybody published a book without clearance. It's only newsworthy because it's Snowden.
- sarcasmatwork 7y ago
  This all makes sense to me. I share your same expectations. Now, I'd also expect Snowden to make sure he is not breaching those NDA's. Afaik, he is not one to make these types of mistakes. Looking forward to his response.
  - ceejayoz 7y ago
    > Now, I'd also expect Snowden to make sure he is not breaching those NDA's. You... you know who Snowden is, right?
  - kelnos 7y ago
    It doesn't matter how careful he pays attention to his NDAs. He's required to get approval before he publishes. No approval, no publication. Publish anyway, and you're in breach of contract, even if the content would have been approved in the fist place.
- mzs 7y ago
  Indeed there is currently a very similar situation with another author: https://www.washingtonpost.com/outlook/a-look-inside-the-cia-that-the-agency-isnt-ready-for-you-to-see/2019/09/10/84baec6e-d3e7-11e9-9343-40db57cf6abd_story.html https://www.washingtonpost.com/outlook/a-look-inside-the-cia...
ceejayoz 7y ago
> Are those NDA's even valid anymore? Surely the NSA/CIA's NDAs are permanent?
jascii 7y ago
IANAL, nor have I read the NDA's (I'm hoping they will be publicly released as part of discovery) but I doubt NDA's with either the NSA or CIA will have an expiry date. A breach of contract on the plaintiff's side could but not necessarily will nullify the NDA. The best outcome for Snowden I think would be if he can demonstrate a greater good, IE: that breaking this contract prevents a larger crime, that would be up to the court to decide. I find it interesting to see that the DOJ is not trying to prevent publication, just trying to intercept financial gains based on the premise that he didn't submit copy for review. At this point they are not claiming that he is actually publishing any confidential material. Somehow I doubt Snowden's main motivation for publishing this book is financial, so I don't know if this will hurt him much..
- mCOLlSVIxp6c 7y ago
  His NDA is exhibit A and his exit form is exhibit B. I downloaded them while using the RECAP extension and they are now available here https://www.courtlistener.com/docket/16206285/united-states-v-snowden/ https://www.courtlistener.com/docket/16206285/united-states-...

Having known other people who have worked for the NSA, they've had to clear any publications with them before publishing (eg, academic papers in a field related to their work, resumes describing work done at the NSA, etc). My understanding is they're enforcable for the rest of your life. I'd expect to see this if anybody published a book without clearance. It's only newsworthy because it's Snowden.

sarcasmatwork 7y ago
This all makes sense to me. I share your same expectations. Now, I'd also expect Snowden to make sure he is not breaching those NDA's. Afaik, he is not one to make these types of mistakes. Looking forward to his response.
- ceejayoz 7y ago
  > Now, I'd also expect Snowden to make sure he is not breaching those NDA's. You... you know who Snowden is, right?
- kelnos 7y ago
  It doesn't matter how careful he pays attention to his NDAs. He's required to get approval before he publishes. No approval, no publication. Publish anyway, and you're in breach of contract, even if the content would have been approved in the fist place.
mzs 7y ago
Indeed there is currently a very similar situation with another author: https://www.washingtonpost.com/outlook/a-look-inside-the-cia-that-the-agency-isnt-ready-for-you-to-see/2019/09/10/84baec6e-d3e7-11e9-9343-40db57cf6abd_story.html https://www.washingtonpost.com/outlook/a-look-inside-the-cia...

ceejayoz 7y ago

> Are those NDA's even valid anymore? Surely the NSA/CIA's NDAs are permanent?

jascii 7y ago

IANAL, nor have I read the NDA's (I'm hoping they will be publicly released as part of discovery) but I doubt NDA's with either the NSA or CIA will have an expiry date. A breach of contract on the plaintiff's side could but not necessarily will nullify the NDA. The best outcome for Snowden I think would be if he can demonstrate a greater good, IE: that breaking this contract prevents a larger crime, that would be up to the court to decide. I find it interesting to see that the DOJ is not trying to prevent publication, just trying to intercept financial gains based on the premise that he didn't submit copy for review. At this point they are not claiming that he is actually publishing any confidential material. Somehow I doubt Snowden's main motivation for publishing this book is financial, so I don't know if this will hurt him much..

mCOLlSVIxp6c 7y ago
His NDA is exhibit A and his exit form is exhibit B. I downloaded them while using the RECAP extension and they are now available here https://www.courtlistener.com/docket/16206285/united-states-v-snowden/ https://www.courtlistener.com/docket/16206285/united-states-...