DOD to Give Penguin the WikiLeaks Treatment? http://www.emptywheel.net/2012/08/31/dod-to-give-penguin-the-wikileaks-treatment/#more-29427 … via @emptywheel
@BradMossEsq Also, Bissonnette got advice from Bob Luskin before writing the book. Luskin even used "prior advice' as exonerating detail.
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@emptywheel Before writing the book? Did Luskin say that? Sounded like advice came from un-identified USG officials. And verbally -
@BradMossEsq Actually doesn't say it was him: "Mr. Owen sought legal advice about his responsibilities before agreeing to publish his book" -
@emptywheel Yep. If it wasn't in writing and didn't come from proper authorities, likely won't save him. -
@BradMossEsq If what Luskin says about the prepublication requirement is right, then aren't they on intent? So counsel would matter? -
@emptywheel You mean the scope of the NDA? Not clear if Owen got written confirmation from agency security prior to publishing about scope -
@BradMossEsq Luskin says the required prepubilcation tied to SAPs that don't include what's in the book. -
@emptywheel He is not authorized to make that decision IMO. Risky legal gamble -
@BradMossEsq What? Whether something is SAP? He doesn't need to. If prepub reqt says, "SAP A, B and C are included," and not CAP D, he's OK - 5 more replies
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