Helping current and former national security professionals publish—without putting their careers, clearances, or royalties at risk.
If you have held a security clearance, you likely signed a nondisclosure agreement that obligates you to submit certain writing to the government for review before it is shared publicly. That obligation does not end when you leave government service. It can apply to books, memoirs, articles, op-eds, academic papers, speeches, screenplays, and even social media posts and podcast scripts.
Prepublication review is meant to prevent the release of classified information, not to suppress criticism or opinion. In practice, however, authors often encounter long delays, extensive redactions, inconsistent decisions, and reviews that span multiple agencies. Compass Rose Legal Group helps authors navigate that process efficiently and protect their right to publish.
Who Must Submit
Prepublication obligations commonly apply to current and former:
- Intelligence Community officers and employees, including at CIA, NSA, DIA, NGA, NRO, and ODNI;
- Department of Defense civilians and members of the military;
- FBI, Department of State, and other federal personnel with access to classified information; and
- Government contractors who held security clearances.
The precise scope of the obligation depends on the agreements the individual signed and the policies of the agency or agencies involved. Reviews are conducted by bodies such as CIA’s Publications Review Board and the Department of Defense’s Defense Office of Prepublication and Security Review (DOPSR), and material touching on the equities of several agencies may be referred to each of them.
Why It Matters
The consequences of failing to submit can be severe. In Snepp v. United States, the Supreme Court upheld the government’s ability to enforce a former CIA officer’s prepublication agreement and to recover the profits from a book published without review—even though the book was not alleged to contain classified information. Failing to comply can also jeopardize a security clearance, current or future federal employment, and contractor eligibility, and in some circumstances can lead to investigation.
Equally important, information that has appeared in the press or elsewhere in the public domain is not necessarily declassified. Former officials who repeat or confirm such information can still run afoul of their obligations—a nuance that is often misunderstood.
How We Help
- Determining whether a work must be submitted, and to which agency or agencies;
- Advising on drafting choices that can reduce the likelihood of redactions while preserving the author’s message;
- Preparing and submitting manuscripts and supporting materials;
- Communicating with review boards on the author’s behalf and tracking the status of the review;
- Pressing agencies to address unreasonable delays, particularly where publisher or event deadlines are at stake;
- Challenging redactions through negotiation with reviewers and formal administrative appeals; and
- Advising on ongoing obligations for revised editions, promotional interviews, speeches, and follow-on writing.
Delays and Redactions
Intelligence Community Directive 711 sets Intelligence Community–wide standards for prepublication review. Among other things, it directs agencies to strive to complete reviews within 30 business days—or within 90 days for lengthy publications—and requires Intelligence Community elements to provide an appeals process for denials. Those timelines are goals rather than guarantees, and reviews that involve multiple agencies frequently take longer.
When a review stalls or a reviewer demands redactions that appear unwarranted, we engage directly with the reviewing agency, explain why the material is unclassified or already officially acknowledged, and pursue administrative appeals where appropriate.
Experience That Matters
Our attorneys understand classification and the review process from the inside. Andrew P. Bakaj is a former CIA officer, and I. Charles McCullough III served as Inspector General of the Intelligence Community. That perspective allows us to anticipate how reviewers are likely to approach a manuscript and to resolve issues efficiently.
If you are planning to write, speak, or publish about your government service, speak with counsel before you submit. To discuss your project, contact Compass Rose Legal Group.
This information is general in nature and is not legal advice. Prepublication obligations vary by agency and by the agreements an individual has signed.
