Posted on Aug 22, 2016
Why aren't our experiences our intellectual property?
10K
63
20
10
10
0
What is a non-disclosure agreement, and why does it prevent us from telling "already public" stories of the military from personal points of view?
https://www.navytimes.com/articles/navy-seal-vet-to-pay-66-million-to-settle-case-over-book
https://www.navytimes.com/articles/navy-seal-vet-to-pay-66-million-to-settle-case-over-book
Posted in these groups: 
Military Career
Military Career
Edited >1 y ago
Posted >1 y ago
Responses: 8
9
9
0
It doesn't prevent us from telling "already public" knowledge. However, just because a piece of INFORMATION is Public, does not mean that "sourcing" for that information is not classified. It's a nuanced difference which must be accounted for.
That's the rub. He could have sent the book through "approval channels" and been fine. It's part of the VOLUNTARY agreement we have with the government when we become Security Clearance holders. Failure to do so triggers the clauses within that CONTRACT (NDA is a contract between us and the Government).
That's the rub. He could have sent the book through "approval channels" and been fine. It's part of the VOLUNTARY agreement we have with the government when we become Security Clearance holders. Failure to do so triggers the clauses within that CONTRACT (NDA is a contract between us and the Government).
(9)
(0)
SFC (Join to see)
COL Lee Flemming - For those who served in conventional units, I would agree. Stories need to be told because they are a part of the history of the military and stories like these can bridge the widening gap between the military and the civilian sector. However, this is not how I feel concerning Special operations units.
Some of the greatest stories to come out of Vietnam involved the Studies and Observation Group (ever heard of COL Bob Howard who was nominated for the Medal of Honor three times). Those stories weren't told until twenty years after the last mission was run by SOG and they didn't even get a unit citation until 29 years after the unit was disbanded. Why? Because they were professionals and they held their secrets until it was authorized for them to let them become public as a matter of national security.
Little tiny bits of information such as the weapon system a SOF unit uses, the uniforms they wear, the mission sets they perform all go to building a picture of that unit. True, you can Google it and get the same information, but people like Mark Bissonette go a long ways to confirming open source information. If you have ever done any type of detailed analysis of a foreign unit, you'd understand just how hard it can be to even get something as simple as the proper unit designation or unit insignia and structure.
The release of information like this for a sensitive unit is not worth "a good story".
Some of the greatest stories to come out of Vietnam involved the Studies and Observation Group (ever heard of COL Bob Howard who was nominated for the Medal of Honor three times). Those stories weren't told until twenty years after the last mission was run by SOG and they didn't even get a unit citation until 29 years after the unit was disbanded. Why? Because they were professionals and they held their secrets until it was authorized for them to let them become public as a matter of national security.
Little tiny bits of information such as the weapon system a SOF unit uses, the uniforms they wear, the mission sets they perform all go to building a picture of that unit. True, you can Google it and get the same information, but people like Mark Bissonette go a long ways to confirming open source information. If you have ever done any type of detailed analysis of a foreign unit, you'd understand just how hard it can be to even get something as simple as the proper unit designation or unit insignia and structure.
The release of information like this for a sensitive unit is not worth "a good story".
(4)
(0)
COL Lee Flemming
Solid contribution to the discussion SFC (Join to see)!! It is almost as if you showed up today name and all :)
(3)
(0)
MSgt Richard Rountree
SFC (Join to see) - I was stationed with Col Robert L. (Bob) Howard at Hq VII Corps in the 1980s...and also was fortunate enough to get to know him on a more personal level in a classroom setting. He would talk with us in University of Maryland classes about his experiences in Southeast Asia. Although, he probably could have written a best selling book, AFAIK he never did...his secrets died with him. He was a fascinating man! Men like him don't come along very often...when he was born, God broke the mold.
(1)
(0)
SFC (Join to see)
MSgt Richard Rountree - Indeed, he was a great man. He never once publicized his accomplishments or the fact that he received every valor award possible (MOH, DSC, SS, BS, Air Medal w/V, and ARCOM w/V) except for a Joint Commendation Medal w/V. Even more impressive was the fact that some of his most famous exploits he never received a medal for.
(0)
(0)
4
4
0
A non-disclosure statement is just that, a signed and legally binding document that states that you will not divulge any information pertaining to the subject you signed the document for. This guy talked about a closed community and violated every principal of being a quiet professional. Sadly, he is not the only one who has attempted to profited off of his experiences without going through the proper channels. Guys like Eric Haney and Steven Mitchell have been ostracized from their communities for doing exactly what Mark Bissonette has done.
The bottom line is this. These individuals have divulged information that was never intended to be public. Most of the time, the information is not classified but it is considered sensitive. Steven Mitchell for example published detailed information on the selection process for the British SAS, which was meant to be a tightly held secret to prevent candidates from gaining an advantage from knowing the specifics about the selection events. Eric Haney embellished his stories about some of the missions he participated in while a member of a Special Operations unit to the point that it was deemed to be tarnishing to the reputation of the unit.
These experiences belong to the individuals who were there, but they are not theirs to discuss with the public.
The bottom line is this. These individuals have divulged information that was never intended to be public. Most of the time, the information is not classified but it is considered sensitive. Steven Mitchell for example published detailed information on the selection process for the British SAS, which was meant to be a tightly held secret to prevent candidates from gaining an advantage from knowing the specifics about the selection events. Eric Haney embellished his stories about some of the missions he participated in while a member of a Special Operations unit to the point that it was deemed to be tarnishing to the reputation of the unit.
These experiences belong to the individuals who were there, but they are not theirs to discuss with the public.
(4)
(0)
4
4
0
A non-disclosure agreement is exactly that, an agreement to not disclose what you know. Nothing in that agreement frees you from punishment if someone else violates the agreement. Not all details of the mission were "public" knowledge. He knew he was supposed to get approval first, he didn't. Now he is paying the price. Judging from the article, he learned his lesson, as his second book was submitted for review before publishing.
(4)
(0)
COL Lee Flemming
SGT Edward Wilcox understand all. This is just a poignant example of enforcement and a real shot to the face!
(1)
(0)
Read This Next
Continue with Facebook 
Continue with Google