Why aren't our experiences our intellectual property?

COL Lee Flemming — Mon, 22 Aug 2016 10:17:59 -0400

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

Navy SEAL vet to pay $6.6 million to settle case over boo | NavyTimes

The former Navy SEAL who wrote a book about his role in the raid that killed Osama bin Laden will pay the government more than $6.6 million for violating non-d

Response by MCPO Roger Collins made Aug 22 at 2016 10:34 AM

MCPO Roger Collins — Mon, 22 Aug 2016 10:34:33 -0400

Too bad these same people didn't see anything wrong with what Hillary did. However, what I was told long ago was when something is said by the media it is not considered valid. When a military member says something, they are validating the material by writing or confirming it. Unbelievable, that it has taken this long to punish someone that gave so much to his country.

Response by SGM Barry Kindred made Aug 22 at 2016 10:37 AM

SGM Barry Kindred — Mon, 22 Aug 2016 10:37:53 -0400

Depends on the Nondisclosure signed.
Mine covered my entire career, at Retirement.
Fair, nope!
Real, Yep!

Response by SGT Edward Wilcox made Aug 22 at 2016 10:38 AM

SGT Edward Wilcox — Mon, 22 Aug 2016 10:38:36 -0400

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.

Response by Sgt Aaron Kennedy, MS made Aug 22 at 2016 10:43 AM

Sgt Aaron Kennedy, MS — Mon, 22 Aug 2016 10:43:49 -0400

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).

Response by LTC Private RallyPoint Member made Aug 22 at 2016 10:46 AM

LTC Private RallyPoint Member — Mon, 22 Aug 2016 10:46:37 -0400

Think of the cabinet position he could get If he donated that to the Clinton foundation.

Response by SFC Private RallyPoint Member made Aug 22 at 2016 12:15 PM

SFC Private RallyPoint Member — Mon, 22 Aug 2016 12:15:03 -0400

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.

Response by SGM Private RallyPoint Member made Aug 22 at 2016 2:26 PM

SGM Private RallyPoint Member — Mon, 22 Aug 2016 14:26:00 -0400

Anything that covers our TTPs is covered by the NDA. Every single book written about classified operations needs to be vetting and scrubbed by the guidelines set forth by SOCOM. It is actually a pretty simple process, but when it's ignored, threatens the rest of us still doing the job.

Response by MAJ Private RallyPoint Member made Aug 24 at 2016 11:18 AM

MAJ Private RallyPoint Member — Wed, 24 Aug 2016 11:18:43 -0400

NDA discussion aside, he was court ordered to pay $6.6 million to the USG over his OBL story - makes me wonder how much he made (I'm assuming it's a much larger figure than 6.6 million)?