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#2934112 - 09/06/12 12:07 PM Re: "No easy day" [Re: pass-thru]
BMan
16 Point


Registered: 02/06/06
Posts: 10670
Loc: Middle TN

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 Originally Posted By: pass-thru
A non-disclosure agreement is a civil matter. Unauthorized disclousre of classified information is a criminal matter, punishable under both federal law and the UCMJ.

And it is a huge problem. Lots of "memoirs" disclose classified information. You won't necessarily hear about it because it is similarly a breach of classified information to identify a leak as such.

A retired General that breaches classified information could be recalled to active duty and prosecuted under the UCMJ. But that would not be the natural course...he should be prosecuted in federal court. That doesn't happen because it is a PR nightmare and federal prosecutors won't touch it. Pretty sad, huh?

This guy cannot be recalled to active duty and tried under the UCMJ because he is not retired and there is no jurisdiction to do so. And no federal prosecutor will be willing to touch it. So that leaves a civil case about non-disclosure agreement.

I think there a bunch of special ops warriors that are not much happy about some of the publicity stunts of late. Absent the civil case this guy will definately walk away with millions.

While I note the difficulties you mention in your argument, the fact of the matter is that violating an NDA is still a criminal matter. Just because a prosecutor doesn't have the guts to do his/her job doesn't change the facts. In fact, spill enough beans and you WILL be prosecuted, and court cases can be held behind locked doors if the material to be discussed is sufficiently harmful to national security. Just the cost of defending yourself in an NDA matter that never makes it to court will financially ruin most people.

I don't have a copy of my NDA in front of me, but a copy of the generic Form 312 can be found at http://www.archives.gov/isoo/security-forms/sf312.pdf. Note paragraph 4, that specifically notes "I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws... I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation."

And bear in mind the 312 is a MINIMAL NDA; many of us also signed additional NDAs with specific government agencies that go far and above this one, including (in my case) prepublication review of ANYTHING I want to publish, be it a magazine article, book, whatever - for life.

On another note, I wonder if they've changed the prepublication review part to anticipate blogs and message boards? That would be interesting to find out...
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Rules are for people who lose fights.

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#2934452 - 09/06/12 04:45 PM Re: "No easy day" [Re: BMan]
348Winchester
6 Point


Registered: 08/13/12
Posts: 959
Loc: Coon Creek

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Why would you sign anything like that?
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#2934469 - 09/06/12 04:57 PM Re: "No easy day" [Re: 348Winchester]
44fanatic
12 Point


Registered: 01/01/08
Posts: 6126
Loc: Clarksville, Montgomery Cnty

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 Originally Posted By: 348Winchester
Why would you sign anything like that?


Becuase you have HAD access to classified information...Im not sure what the recourse is if you refuse to sign it when you no longer have a need to that information, but I am sure that if in the military, the UCMJ would be involved. I signed mine without having any issues. Something that I often did when PCSing from one duty station to another.

NDAs (Non-Disclosure Agreement) are standard for anyone who has had a clearance or been granted access to classified or otherwise protected information. Criminally punishable if you violate them.

Plan on reading the book and make my own judgement as to what is going on.
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Bill

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#2934499 - 09/06/12 05:40 PM Re: "No easy day" [Re: 44fanatic]
BMan
16 Point


Registered: 02/06/06
Posts: 10670
Loc: Middle TN

Offline
 Originally Posted By: 44fanatic
 Originally Posted By: 348Winchester
Why would you sign anything like that?


Becuase you have HAD access to classified information...Im not sure what the recourse is if you refuse to sign it when you no longer have a need to that information, but I am sure that if in the military, the UCMJ would be involved. I signed mine without having any issues. Something that I often did when PCSing from one duty station to another.

NDAs (Non-Disclosure Agreement) are standard for anyone who has had a clearance or been granted access to classified or otherwise protected information. Criminally punishable if you violate them.

Exactly.

You normally sign the same NDA twice: the first time when being granted access (or "read on") to classified material, and the second time when access is being removed (or "read off"). If you have any of a number of compartments tied to you, you get to sign an NDA for each one.

You can refuse to sign the first time; if so, your clearance evaporates and your career in that arena is pretty much shot. Can you refuse the second one? Don't know anyone that did but, if you refused, I'm pretty sure they'll just remind you that you're already on the hook.
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