Bereft of opportunities to capture Edward Snowden, the USG has settled for attempting to capture Snowden's book royalties. The USG claims Snowden signed a variety of non-disclosure agreements which the publication of his book violates. Complaint presented in full below:

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
__________________________________________
)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
EDWARD SNOWDEN )
exact address unknown, )
) COMPLAINT
Defendant, )
)
and )
)
MACMILLAN PUBLISHERS INC., )
175 5th Avenue )
New York, NY 10010 , )
)
MACMILLAN PUBLISHING GROUP, LLC )
d/b/a HENRY HOLT AND COMPANY, )
175 5th Avenue )
New York, NY 10010 , )
)
HOLTZBRINCK PUBLISHERS, LLC c/o )
HOLTZBRINCK PUBLISHING HOLDINGS LP, )
175 5th Avenue )
New York, NY 10010, )
)
Relief-Defendants. )
)

INTRODUCTION
1. The United States of America brings this civil action for breach of contract and
fiduciary obligations against Defendant Edward Snowden, a United States citizen who formerly
worked as a contractor and staff employee for the Central Intelligence Agency (CIA) and was
employed as a contract employee by the National Security Agency (NSA), and who published a
book without submitting the manuscript for prepublication review and has given speeches without
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submitting the necessary materials for prepublication review, in violation of his secrecy
agreements and non-disclosure obligations to the United States. As relief-defendants only, the
United States also names Macmillan Publishers Inc.; Macmillan Publishing Group, LLC d/b/a
Henry Holt and Company; and Holtzbrinck Publishers, LLC. No independent claims are asserted
herein against the relief-defendants; rather, they are named as necessary parties for purposes of
according the United States complete relief in this lawsuit. Through this suit, the United States is
not seeking to enjoin or restrain publication or distribution of Snowden’s book.
JURISDICTION AND VENUE
2. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. § 1345.
3. Venue is proper in the Eastern District of Virginia pursuant to 28 U.S.C.
§ 1391(b)(1) and (b)(2). With respect to § 1391(b)(1), all three relief-defendants are considered
residents of Virginia pursuant to § 1391(c)(2), and Snowden does not reside in the United States,
see § 1391(c)(3). With respect to § 1391(b)(2), the Eastern District of Virginia is the judicial
district in which the CIA and the Department of Defense are headquartered; in which the CIA
performs prepublication reviews; in which Snowden signed several of his secrecy agreements and
exit forms; and in which Booz Allen Hamilton, one of the companies that employed Snowden
while he served as a contractor for NSA, is headquartered.
PARTIES
4. Plaintiff is the United States of America (hereafter “United States” or
“Government”).
5. Defendant Edward Snowden is a United States citizen who, upon information and
belief, currently resides abroad in or near Moscow, Russia. Snowden is a former contractor and
employee of the CIA, an agency of the United States, which has its headquarters in Langley,
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Virginia. Snowden is also a former contractor for the NSA, an agency of the United States, which
has its headquarters in Fort Meade, Maryland. The NSA is an agency within the Department of
Defense, and the Department of Defense has its headquarters at the Pentagon, located in Arlington,
Virginia. Currently, Snowden serves as President of the Board of Directors for the Freedom of the
Press Foundation, which has its headquarters in San Francisco, California.
6. Relief-Defendant Macmillan Publishers Inc. is a company registered in New York
and transacting business in Virginia, with its principal place of business in the United States located
at 175 5th Avenue, New York, NY.
7. Relief-Defendant Macmillan Publishing Group, LLC d/b/a Henry Holt and
Company is a company registered and transacting business in Virginia, with its principal place of
business in the United States located at 175 5th Avenue, New York, NY. Upon information and
belief, Macmillan Publishing Group, LLC d/b/a Henry Holt and Company is a wholly owned
subsidiary of Macmillan Publishers Inc.
8. Relief-Defendant Holtzbrinck Publishers, LLC is a company registered and
transacting business in Virginia, with its principal place of business in the United States located at
175 5th Avenue, New York, NY. Upon information and belief, Macmillan Publishers Inc. is a
wholly owned subsidiary of Holtzbrinck Publishers, LLC.
9. The three relief-defendants named herein are named as nominal defendants only,
for purposes of according complete relief among the existing parties. See Fed. R. Civ.
P. 19(a)(1)(A). The United States asserts no independent claims herein against any of the reliefdefendants.
As used in this Complaint, the term “Macmillan” includes and applies, both
individually and collectively, to any and all of the three relief-defendants named herein—i.e.,
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Macmillan Publishers Inc.; Macmillan Publishing Group, LLC d/b/a Henry Holt and Company;
and/or Holtzbrinck Publishers, LLC.
FACTUAL ALLEGATIONS
The CIA’s and NSA’s Responsibilities With Respect to National Security
10. The Central Intelligence Agency was established by section 104(a) of the National
Security Act of 1947 (the “Act”), as amended, 50 U.S.C. § 3035. Pursuant to section 104(b) of
the Act, 50 U.S.C. § 3035(b), the function of the CIA is to assist the Director of the CIA in carrying
out her responsibilities. The Director’s responsibilities include, among other things, “collect[ing]
intelligence through human sources and by other appropriate means.” 50 U.S.C. § 3036(d)(1).
11. Under the direction of the Director of National Intelligence, pursuant to
section 102A(i) of the Act, as amended, 50 U.S.C. § 3024(i), and in accordance with section 6 of
the Central Intelligence Agency Act of 1949, as amended, 50 U.S.C. § 3507, and sections 1.3(b)(8)
and 1.6(d) of Executive Order 12333, as amended, the Director of the CIA is also responsible for
protecting CIA intelligence sources and methods from unauthorized disclosure.
12. Personnel employed by or affiliated with the CIA, before beginning their official
duties, as a condition of their contractual relationship or staff employment with the CIA and as a
condition of being granted access to classified information, are required to execute a secrecy
agreement. This requirement is in furtherance of the Director of the CIA’s responsibility to protect
intelligence sources and methods from unauthorized disclosure.
13. The National Security Agency operates within the Department of Defense and is
part of the Intelligence Community. Pursuant to section 105(b)(1) of the National Security Act of
1947, as amended, 50 U.S.C. § 3038(b)(1), the Secretary of Defense, under the direction of the
Director of National Intelligence, shall ensure “through the National Security Agency . . . the
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continued operation of an effective unified organization for the conduct of signals intelligence
activities.”
14. Pursuant to sections 1.4(f) and 1.7(c)(7) of Executive Order 12333, as amended,
the NSA’s responsibilities include protecting the security of its activities and information by
appropriate means, and prescribing security regulations covering its operating practices.
15. Personnel assigned to perform work on contracts which require access to classified
information with the NSA, before beginning their official duties, as a condition of their assignment
to contracted employment with the NSA and as a condition of being granted access to classified
information, are required to execute a secrecy agreement. This requirement is in furtherance of
the NSA’s responsibility to protect the security of its activities, information, and practices.
Snowden’s Employment and Secrecy Agreements With CIA
16. Snowden was employed by the CIA from August 2006 until 2009, and prior to this
he worked for CIA as a contractor from 2005 to 2006. For ease of reference, these are collectively
referred to herein as his CIA employment.
17. Snowden signed materially identical secrecy agreements with the CIA on
November 22, 2005; August 28, 2006; and April 16, 2009. True and correct redacted copies of
these secrecy agreements are attached as Exhibit A to the Complaint (hereafter “CIA Secrecy
Agreements”).
18. Each of these CIA Secrecy Agreements was signed by Snowden at a CIA facility
located within the Eastern District of Virginia. During the course of his employment with CIA,
Snowden’s salary and benefits were processed through CIA facilities located in the Eastern District
of Virginia. Pursuant to Snowden’s CIA employment, he was frequently present in the Eastern
District of Virginia, including for training, processing, and other work-related activities.
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19. Snowden voluntarily, willingly, and knowingly entered into these CIA Secrecy
Agreements. These CIA Secrecy Agreements were executed as a condition of his employment
with the CIA and as a condition of him being granted access to classified information and other
information which, if disclosed in an unauthorized manner, would jeopardize intelligence activities
of the United States Government.
20. By signing the CIA Secrecy Agreements, Snowden expressly acknowledged that
he understood and accepted that the United States Government was placing special confidence and
trust in him by granting him access to classified information. See CIA Secrecy Agreements ¶ 2.
21. As a condition of employment, and under the terms of the CIA Secrecy
Agreements, Snowden was required never to disclose in any form or manner, to any person not
authorized by the CIA to receive it, any information obtained in the course of his employment or
other service with CIA and that is classified or in the process of a classification determination. See
CIA Secrecy Agreements ¶ 3.
22. As a condition of employment, and under the terms of the CIA Secrecy
Agreements, Snowden was required to submit to the CIA for its review any writing or other
preparation in any form, including a work of fiction, that Snowden contemplates disclosing
publicly or has prepared for public disclosure, that “contains any mention of intelligence data or
activities” or “contains any other information or material that might be based on” information
obtained during the course of his CIA employment that is classified or in the process of a
classification determination. See CIA Secrecy Agreements ¶ 5. This prepublication obligation
applies both during his employment or other service with CIA and at any time thereafter. See id.
23. Snowden was required to submit his material for prepublication review “prior to
discussing [the work] with or showing it to anyone who is not authorized to have access to”
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classified information. CIA Secrecy Agreements ¶ 5. Snowden was also required not to “take any
steps towards public disclosure until [he] received written permission to do so from the Central
Intelligence Agency.” Id.
24. As Snowden acknowledged in the CIA Secrecy Agreements, the purpose of this
prepublication review “is to give the Central Intelligence Agency an opportunity to determine
whether the information or material that I contemplate disclosing publicly contains any
information or material that I have agreed not to disclose.” CIA Secrecy Agreements ¶ 6.
25. Snowden acknowledged and agreed in the CIA Secrecy Agreements that the
obligations undertaken by him in executing the CIA Secrecy Agreements would remain valid and
binding upon him after the termination of his employment with the CIA, unless he obtained a
written release from the CIA. See CIA Secrecy Agreements ¶ 13.
26. Snowden also agreed in the CIA Secrecy Agreements that all classified information
acquired by him during the course of his employment was the property of the United States
Government, see CIA Secrecy Agreements ¶ 7; that there were established procedures for
reporting any concerns about unlawful or improper intelligence activities, id. ¶ 9; and that if he
violated any of the terms of the CIA Secrecy Agreements, the Government could institute a civil
proceeding seeking compensatory damages or other appropriate relief, id. ¶ 10.
27. Snowden specifically agreed that, “[i]n addition to any other remedy to which the
United States Government may become entitled, I hereby assign to the United States Government
all rights, title, and interest in any and all royalties, remunerations and emoluments that have
resulted or will result or may result from any divulgence, publication or revelation of information
or material by me that is carried out in breach of [the prepublication obligation in] paragraph 5 of
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this agreement or that involves information or material prohibited from disclosure by the terms of
this agreement.” CIA Secrecy Agreements ¶ 12.
28. Snowden signed additional nondisclosure agreements during his employment with
the CIA.
29. Upon separating from the CIA, Snowden signed a Security Exit Form certifying
that he understands that his CIA Secrecy Agreements’ obligations continue to apply to him. A
true and correct redacted copy of the Security Exit Form is attached hereto as Exhibit B. Snowden
signed this Security Exit Form at a CIA facility located in the Eastern District of Virginia.
30. At no time has Snowden received a release from the terms and conditions of his
CIA Secrecy Agreements.
31. During his employment with the CIA, Snowden was assigned to various positions
of trust and was granted regular access to classified information, including information regarding
intelligence sources and methods. In assigning Snowden to such positions and granting him access
to such information, the CIA relied on the expectation that Snowden would respect the rights and
obligations created by the CIA Secrecy Agreements and his fiduciary duties, including the
prepublication review requirement.
Snowden’s Affiliation and Secrecy Agreements with NSA
32. At various points in time between 2005 and 2013, Snowden served as a contractor
for the NSA on contracts that required him to have access to classified information. When
Snowden served as a contractor for the NSA most recently in 2013, his employer was Booz Allen
Hamilton, a company headquartered in McLean, Virginia.
33. Snowden signed materially identical secrecy agreements with the NSA on July 7,
2005; May 6, 2009; and March 27, 2013. True and correct redacted copies of these secrecy
agreements are attached as Exhibit C to the Complaint (hereafter “NSA Secrecy Agreements”).
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34. Snowden voluntarily, willingly, and knowingly entered into these NSA Secrecy
Agreements. These NSA Secrecy Agreements were executed as a condition of his employment as
a contractor with the NSA and as a condition of him being granted access to classified information
and other information which, if disclosed in an unauthorized manner, would jeopardize
intelligence activities of the United States Government.
35. By signing the NSA Secrecy Agreements, Snowden expressly acknowledged that
he understood and accepted that the United States Government was placing special confidence and
trust in him by granting him access to classified information. See NSA Secrecy Agreements, pmbl.
36. As a condition of employment, and under the terms of the NSA Secrecy
Agreements, Snowden was required never to discuss matters pertaining to information obtained as
a result of his relationship with NSA that is classified or in the process of a classification
determination, except when necessary for the proper performance of his duties and only with
persons who are currently authorized to receive such information and have a need-to-know. See
NSA Secrecy Agreements ¶¶ 1, 6.
37. As a condition of employment, and under the terms of the NSA Secrecy
Agreements, Snowden was required to submit to the NSA for its review “all information or
materials, including works of fiction, that [he] prepared for public disclosure which contain or
purport to contain, refer to, or are based upon” information obtained as a result of his relationship
with NSA which is classified or in the process of a classification determination. See NSA Secrecy
Agreements ¶ 9. This prepublication obligation applies both during his affiliation with the NSA
and afterwards. See id. ¶ 9(a).
38. Snowden was required to submit any material for prepublication review “prior to
discussing the information or materials with, or showing them to anyone who is not authorized to
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have access to them.” NSA Secrecy Agreements ¶ 9(b). Snowden was also required “not to
disclose such information or materials to any person who is not authorized to have access to them
until I have received written authorization from the NSA that such disclosure is permitted.” Id.
¶ 9(c).
39. As Snowden acknowledged in the NSA Secrecy Agreements, the purpose of this
prepublication review “is to determine whether material contemplated for public disclosure
contains protected information and if so, to give the NSA an opportunity to prevent the public
disclosure of such information.” NSA Secrecy Agreements ¶ 9. Snowden further acknowledged
that “the burden is upon me to determine whether information or materials within my control are
considered by the NSA to be protected Information and whether the person(s) to whom disclosure
is to be made is/are authorized to receive it.” Id. ¶ 2.
40. Snowden acknowledged and agreed in the NSA Secrecy Agreements that the
obligations undertaken by him in executing the NSA Secrecy Agreements would remain valid and
binding upon him after the termination of his affiliation with the NSA, unless he obtained a written
release from the NSA. See NSA Secrecy Agreements ¶ 13.
41. Snowden also agreed in the NSA Secrecy Agreements that all classified
information acquired by him during the course of his employment was the property of the United
States Government, see NSA Secrecy Agreements ¶ 2, and that if he violated any of the terms of
the NSA Secrecy Agreements the Government could institute a civil proceeding seeking
compensatory damages or other appropriate relief, id. ¶ 8.
42. Snowden specifically agreed “to assign to the United States Government all rights,
title and interest and all royalties, remuneration, or emoluments of whatever form that have
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resulted, will result, or may result from any disclosure, publication, or revelation of protected
information not consistent with the terms of this agreement.” NSA Secrecy Agreements ¶ 9(d).
43. Snowden signed additional nondisclosure agreements during his affiliation with the
NSA.
44. At no time has Snowden received a release from the terms and conditions of his
NSA Secrecy Agreements.
45. During his affiliation with the NSA, Snowden was assigned to various positions of
trust and was granted regular access to classified information, including information regarding
NSA’s signals intelligence activities and information. In assigning Snowden to such positions and
granting him access to such information, the NSA relied on the expectation that Snowden would
respect the rights and obligations created by the NSA Secrecy Agreements and his fiduciary duties,
including the prepublication review requirement.
The CIA’s Prepublication Review Process
46. The CIA Secrecy Agreements’ prepublication obligation is further reinforced by
CIA’s administrative regulations. See CIA Administrative Regulation 13-10, Agency
Prepublication Review of Certain Material Prepared for Public Dissemination (hereafter “CIA
Regulation”). A true and correct redacted copy of the CIA Regulation is attached hereto as
Exhibit D.
47. The CIA Regulation “sets forth CIA policies and procedures for the submission and
review of material proposed for publication or public dissemination by current and former
employees and contractors and other individuals obligated by the CIA secrecy agreement to protect
from unauthorized disclosure certain information they obtain as a result of their contact with the
CIA.” CIA Regulation, pmbl. The CIA Regulation “applies to all forms of dissemination, whether
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in written, oral, electronic, or other forms, and whether intended to be an official or nonofficial
(that is, personal) publication.” Id.
48. Within the Eastern District of Virginia, CIA has established an office known as the
Publications Review Board (PRB), which is responsible for reviewing and approving all proposed
non-official, personal publications for both current and former CIA employees. See CIA
Regulation § II(B).
49. The CIA Regulation sets forth instructions on how authors may submit material to
the PRB for prepublication review and may appeal any decision by the PRB denying approval to
publish. CIA Regulation § II(C), (G).
50. The CIA Regulation provides that, as a general rule, the PRB will complete
prepublication review for non-official publications within thirty days of receipt of the material, but
that lengthy or complex submissions may require a longer period of time, especially if they involve
intelligence sources and methods. CIA Regulation § II(C)(4).
51. The CIA Regulation is explicit that all current and former CIA employees and
contractors must obtain the written approval of the PRB prior to publication. See CIA Regulation
§ II(E) (former employees and contractors); id. § II(F) (current employees and contractors). The
CIA Regulation also provides that, for former employees and contractors, the PRB will review
material proposed for publication solely to determine whether it contains classified information,
and that permission to publish will not be denied solely because the material may be embarrassing
to or critical of the Agency. Id. § II(E)(2).
52. The CIA Regulation also makes clear that the prepublication review requirement
applies to all forms of disclosures, including oral disclosures. When former employees and
contractors “mak[e] intelligence-related speeches, media interviews, or testimony, they must
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submit all notes, outlines, or any tangible preparatory material to the PRB for review. Where no
written material has been prepared specifically in contemplation of the speech, interview, or oral
testimony, the individual must contact the PRB Chair or his representative to provide a summary
of any and all topics that it is reasonable to assume may be discussed, and points that will or may
be made.” CIA Regulation § II(D)(3)(a).
The NSA’s Prepublication Review Process
53. The NSA Secrecy Agreements’ prepublication obligation is further reinforced by
Department of Defense (DoD) and NSA administrative regulations. As a DoD agency, NSA and
its affiliates are subject to Department of Defense Instruction 5230.09, Clearance of DoD
Information for Public Release (Jan. 25, 2019) (hereafter “DoDI 5230.09”). A true and correct
copy of DoDI 5230.09 is attached hereto as Exhibit E.
54. Pursuant to DoDI 5230.09, prepublication review is required for “[a]ny official
DoD information intended for public release that pertains to military matters, national security
issues, or subjects of significant concern to the DoD.” DoDI 5230.09, § 1.2(b).
55. In order to implement the requirements of DoDI 5230.09 with respect to NSA
employees and contractors, NSA has issued NSA/CSS Policy 1-30, Review of NSA/CSS
Information Intended for Public Release (May 12, 2017) (hereafter “NSA Regulation”). A true
and correct copy of the NSA Regulation is attached hereto as Exhibit F.
56. The NSA Regulation similarly sets forth the processes by which the appropriate
Prepublication Review Authority reviews submissions. The NSA Regulation provides instructions
on how authors should submit materials for review, see NSA Regulation § 6(b)(4), as well as how
authors may appeal adverse prepublication review determinations, id. § 7. The NSA Regulation
also provides that the Prepublication Review Authority “shall, as practicable, issue the
determination to the affiliate within 25 business days of receipt.” Id. § 6(b)(7).
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57. The NSA Regulation underscores that, with respect to former employees and
contractors, “prepublication review is required” where “the material contains official NSA/CSS
information that may or may not be UNCLASSIFIED and approved for public release[.]” NSA
Regulation § 6(b). The NSA Regulation also underscores that the prepublication review obligation
applies not only to written works, but also to oral disclosures such as “videos, speeches, [and]
conference briefings.” Id.
Snowden’s Publication of a Book Entitled Permanent Record
58. On August 1, 2019, Snowden publicly announced that he had written a book
entitled Permanent Record. He made this announcement via Twitter:1

1 https://twitter.com/Snowden/status/1156916530527035393
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59. Shortly afterwards that same day, Snowden also wrote on Twitter:
2

2 https://twitter.com/Snowden/status/1156920361537200133
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60. Also on August 1, 2019, Macmillan issued a press release announcing the
upcoming publication of Permanent Record. See Macmillan Publishers, Macmillan announces
global publication of Edward Snowden’s memoir Permanent Record (Aug. 1, 2019).3
Macmillan
stated that “Macmillan is proud to be publishing Permanent Record, in which Edward Snowden
will tell his story for the first time, on 17 September 2019.” Id.
61. Macmillan’s press release described Permanent Record as “tell[ing] the story of
[Snowden’s] time working as a CIA agent and NSA contractor, and the disillusionment he felt
with the American intelligence establishment that led him to give up his future to share the truth
about the US government’s pursuit of a mass surveillance system.” Id.
62. Macmillan’s press release also described Permanent Record as Snowden “tell[ing]
his story for the very first time, bringing the reader along as he helps to create this system of mass
surveillance, and then experiences the crisis of conscience that led him to try to bring it down.”
Id.
63. Macmillan’s press release further promoted Permanent Record as follows:
“Edward Snowden, spy, whistleblower and the Internet’s conscience, reveals the story of his life
for the first time, from his suburban childhood to clandestine CIA and NSA postings and his
decision to try to bring the US government’s system of mass surveillance down. Permanent Record
is a crucial memoir for our digital age.” Id.
64. Snowden was obligated to submit Permanent Record to the CIA and NSA for
prepublication review and not to publish it, or share drafts of it with others, until receiving written
permission to do so from CIA and NSA.

3 https://www.panmacmillan.com/blogs/general/edward-snowden-book-permanent-record
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65. Snowden did not, at any time, submit the manuscript for Permanent Record to
either the CIA or NSA for prepublication review. Nor did Snowden obtain written approval from
CIA or NSA prior to sharing manuscripts with Macmillan or prior to the book’s publication.
66. Snowden’s book Permanent Record was published and made publicly available for
sale on September 17, 2019.
67. Pursuant to the terms of Snowden’s secrecy agreements, all rights, title, and interest
in any and all royalties, remunerations, and emoluments that have resulted, or will result, from
Permanent Record have been assigned to the United States Government.
Macmillan’s Possession of Proceeds Related to Permanent Record
68. Macmillan is publishing Snowden’s book Permanent Record. Upon information
and belief, Macmillan has possession over ill-gotten funds, and will continue to come into
possession of such funds, held on behalf of Snowden but that properly belong to the United States.
69. Upon information and belief, when an author’s book is being published by a
publishing company such as Macmillan, the author has typically signed a contract assigning to the
publishing company the right to publish and sell the book (and perhaps other rights), and in
exchange the publishing company agrees to provide the author a certain percentage of the proceeds
earned from each copy of the book sold (commonly known as a royalty). Upon information and
belief, the publishing company will sometimes agree to pay an author an advance on royalties
earned—i.e., payment of a fixed sum to an author even before that sum of royalties is actually
earned by the author.
70. Upon information and belief, a publishing company such as Macmillan typically
gains possession of the proceeds earned from a book’s sales; the publishing company will
thereafter calculate the royalty payments owed to the author and then disburse those payments to
the author at certain intervals. Upon information and belief, depending on the contract negotiated
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between the publishing company and the author, a publishing company may disburse royalty
payments directly to the author, or may disburse the royalty payments to an agent, assignee, or
other person or entity acting on the author’s behalf.
71. There is no publicly available information regarding the financial arrangement
between Snowden and Macmillan with respect to Permanent Record. See Associated Press,
Edward Snowden book coming out Sept. 17 (Aug. 1, 2019) (“Financial details were not disclosed
for a book that was itself a covert project, quietly acquired a year ago by Macmillan and identified
under code names in internal documents.”).4

72. The Associated Press reported in connection with Permanent Record that
“Snowden’s primary contact with the publisher was his principal legal adviser, Ben Wizner,
director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project.” Id.
Mr. Wizner’s biography on the ACLU website describes him as being, since July of 2013, “the
principal legal advisor to NSA whistleblower Edward Snowden.” Biography, Ben Wizner,
Director, ACLU Speech, Privacy, and Technology Project.5
73. Upon information and belief, as a result of Snowden’s contract with Macmillan,
Snowden (and/or his agents, assignees, or others acting on his behalf) have earned, and will
continue to earn, monetary proceeds stemming from the sale and publication of Permanent Record
(hereafter “Snowden’s Earnings”). Upon information and belief, Macmillan currently has
possession over some or all of Snowden’s Earnings. Upon information and belief, Macmillan will,
in both the immediate and long-term future, continue to come into possession of some or all of
Snowden’s Earnings.

4 https://www.apnews.com/eaf726bd05e3491bb03852a10e10b1bf
5 https://www.aclu.org/bio/ben-wizner
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74. Snowden’s Earnings have resulted, and will continue to result, from Snowden’s
unlawful breaches of his contractual obligations and fiduciary duties to the United States, CIA,
and NSA. Macmillan has no legitimate claim to Snowden’s Earnings, which properly belong to
the United States. With respect to Macmillan, the United States asserts herein only claims
regarding Snowden’s Earnings as defined above.
75. Upon information and belief, pursuant to Snowden’s contract with Macmillan,
Macmillan will disburse Snowden’s Earnings to Snowden and/or his agents, assignees, or others
acting on his behalf. Upon information and belief, Macmillan may disburse some or all of
Snowden’s Earnings to those people or entities before a final judgment can be reached in this
matter.
76. It is significantly more difficult, if not impossible, for the United States to enforce
a domestic judgment against assets that exist outside the United States. Accordingly, Macmillan’s
disbursement of Snowden’s Earnings to any person or entity outside the United States, or to any
person or entity who intends to facilitate the transfer of those assets outside the United States, will
result in irreparable harm to the United States and its ability to recover Snowden’s Earnings.
77. Macmillan is therefore a necessary party because “in that person’s absence, the
court cannot accord complete relief among existing parties[.]” Fed. R. Civ. P. 19(a)(1)(A).
Snowden’s Speeches
78. Since approximately 2014, Snowden has been giving speeches and is frequently
compensated for those speeches. According to media reports, Snowden has sometimes earned
more than $10,000 per appearance. See N.Y. Times, Snowden Sees Some Victories, From a
Distance (May 19, 2015) (“Mr. Snowden’s main source of income, his lawyer said, is speaking
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fees, which have sometimes exceeded $10,000 for an appearance.”)
6
; Yahoo! News, In exile,
Edward Snowden rakes in speaking fees while hoping for a pardon (Aug. 11, 2016) (“Over the
past year, he has collected more than $200,000 in fees for digital speaking appearances that have
been arranged by one of the country’s elite speakers’ bureaus, according to a source close to
Snowden who is intimately familiar with his business affairs.”).
7
79. Many of Snowden’s speeches discuss intelligence-related activities at the CIA and
NSA, and/or contain, refer to, or are based on information that is classified or in the process of a
classification determination.
80. Snowden was obligated to submit such speeches—and/or notes, outlines, or other
summaries of his speeches—to the CIA and NSA for prepublication review, consistent with the
relevant CIA and NSA regulations, and not to give such speeches until receiving written
permission to do so from the CIA and NSA.
81. Snowden did not, at any time, submit his speeches—and/or notes, outlines, or other
summaries of his speeches—to the CIA and NSA for prepublication review. Nor did Snowden
obtain the Government’s written approval prior to giving his speeches.
82. Pursuant to the terms of Snowden’s secrecy agreements, all rights, title, and interest
in any and all royalties, remunerations, and emoluments that have resulted, or will result, from
Snowden’s speeches divulging information in violation of his prepublication review obligations
have been assigned to the United States Government.

6 https://www.nytimes.com/2015/05/20/world/europe/snowden-sees-some-victories-from-adistance.html

7 https://www.yahoo.com/news/edward-snowden-making-most-digital-000000490.html
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CAUSES OF ACTION
Count One: Breach of Contract and Fiduciary Duty Related to the Publication of
Permanent Record
83. All preceding paragraphs are incorporated by reference, as if fully set forth herein.
84. Snowden voluntarily, willingly, and knowingly entered into contractual agreements
with the United States of America when he signed his CIA Secrecy Agreements and NSA Secrecy
Agreements and he agreed to be bound by their terms and conditions. Among those terms and
conditions was an express requirement that Snowden submit certain materials to the CIA and NSA
for prepublication review, and that he refrain from publishing any such materials until he received
written permission to do so from CIA and NSA.
85. Snowden knowingly, willfully, and deliberately breached both his CIA Secrecy
Agreements and NSA Secrecy Agreements by failing to submit his Permanent Record manuscript
to the CIA and NSA for prepublication review before disclosing the manuscript to Macmillan and
before causing the manuscript to be published.
86. Under both the common law and the CIA and NSA Secrecy Agreements, Snowden
had a fiduciary relationship with the United States of America, the CIA, and the NSA based on his
placement in positions of trust and special confidence. Snowden was a contractor and staff
employee for the CIA and was a contractor for the NSA, transacted business on behalf of both
agencies, was given regular access to classified national security information, and entered into
secrecy agreements with both agencies.
87. Snowden owes to the United States, the CIA, and NSA a fiduciary duty of loyalty
to protect from unauthorized disclosure information pertaining to intelligence sources and
methods, including signals intelligence activities and information; to submit to the CIA and NSA
for review any materials subject to his prepublication review obligations; and to not publish or
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disseminate those materials or information unless and until the CIA and NSA completed their
prepublication review processes and provided written approval of public disclosure.
88. Snowden breached his fiduciary duties by publishing Permanent Record without
submitting it for prepublication review or receiving the Government’s permission to publish.
89. As a direct and proximate result of Snowden’s breach of his contractual and
fiduciary duties, the United States has been damaged and irreparably harmed by, inter alia, the
undermining of confidence and trust in the CIA, NSA, and their prepublication review processes,
thereby hampering the ability of those agencies to perform their respective duties, including the
protection of sensitive national security information. Additionally, Snowden has been, and will
continue in the future to be, unjustly enriched in the amount of profits, advances, royalties, and
other advantages resulting from the unauthorized publication of his book.
90. To the extent Snowden and/or his agents, assignees, or others acting on his behalf
have received, or will receive, proceeds resulting from the unauthorized publication of Permanent
Record and the proceeds are transferred outside the United States, or are intended to be transferred
outside the United States, the United States has been, and will continue to be, irreparably harmed
based on the significant difficulty of recovering those proceeds.
91. Snowden has engaged in a course of conduct evidencing a propensity to commit
further breaches of his contractual and/or fiduciary duties and to cause further damage to the
United States, including irreparable injury for which the United States has no adequate remedy at
law.
Count Two: Breach of Contract and Fiduciary Duty Related to Speeches
92. All preceding paragraphs are incorporated by reference, as if fully set forth herein.
93. Snowden knowingly, willfully, and deliberately breached both his CIA Secrecy
Agreements and NSA Secrecy Agreements by giving speeches subject to his prepublication review
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obligations, without submitting those speeches or associated materials for prepublication review
and without receiving written permission from CIA and NSA to disclose the information publicly.
94. Snowden also breached his fiduciary duties to the United States, CIA, and NSA by
giving speeches subject to his prepublication review obligations, without submitting those
speeches or associated materials for prepublication review and without receiving written
permission from CIA and NSA to disclose the information publicly.
95. As a direct and proximate result of Snowden’s breaches of his contractual and
fiduciary duties, the United States has been damaged and irreparably harmed by, inter alia, the
undermining of confidence and trust in the CIA, NSA, and their prepublication review processes,
thereby hampering the ability of those agencies to perform their respective duties, including the
protection of sensitive national security information. Additionally, Snowden has been unjustly
enriched by the proceeds and all other advantages resulting from his unauthorized speeches.
96. Snowden has engaged in a course of conduct evidencing a propensity to commit
further breaches of his contractual and/or fiduciary duties and to cause further damage to the
United States, including irreparable injury for which the United States has no adequate remedy at
law.
PRAYER FOR RELIEF
WHEREFORE, the United States of America respectfully requests that the Court award
the following relief:
A. Declare that Snowden has breached his contractual obligations, embodied in his
CIA Secrecy Agreements and NSA Secrecy Agreements, as well as his fiduciary obligations;
B. Impose a constructive trust for the benefit of the United States over, and require an
accounting of, all monies, gains, profits, royalties, and other advantages that Snowden and his
agents, assignees, or others acting on his behalf have derived, or will derive, from the publication,
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sale, serialization, or republication in any form, including any movie rights or other reproduction
rights, of Permanent Record;
C. Require Snowden and/or his agents, assignees, or others acting on his behalf to
relinquish to the United States all monetary proceeds earned by them from Permanent Record;
D. Impose a constructive trust for the benefit of the United States over, and require an
accounting of, all monies, gains, profits, royalties, and other advantages that Snowden and his
agents, assignees, or others acting on his behalf have derived, or will derive, from speeches he has
given disclosing information subject to his prepublication review obligations;
E. Require Snowden and/or his agents, assignees, or others acting on his behalf to
relinquish to the United States all monetary proceeds earned by them from such speeches;
F. To the extent that any proceeds, revenues, gains, royalties or other advantages
derived from Permanent Record or his speeches are no longer in Snowden’s possession or the
possession of his agents, assignees, or others acting on his behalf, award the United States
monetary damages against Snowden (and/or his agents, assignees, or others acting on his behalf)
for such proceeds wrongfully obtained as a result of his breaches;
G. Enter a temporary restraining order and preliminary injunction freezing all assets
in Macmillan’s possession relating to Permanent Record that belong to Snowden or his agents,
assignees, or others acting on his behalf; prohibiting transfer or encumbrance of any of those assets;
and requiring production of all contracts between Macmillan and Snowden (and/or his agents,
assignees, or others acting on his behalf), as well as an accounting of all proceeds earned by
Permanent Record, a description of all persons and entities with financial interests relating to
Permanent Record and the nature of those interests, and a description of the process of disbursing
funds to Snowden (and/or his agents, assignees, or others acting on his behalf);
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H. Enter a permanent injunction requiring Macmillan to transfer to the United States
all proceeds in Macmillan’s possession that Snowden and his agents, assignees, or others acting
on his behalf have derived, or will derive, from the publication, sale, serialization, or republication
in any form, including any movie rights or other reproduction rights, of Permanent Record;
I. Permanently enjoin Snowden from any further violations of his contractual and
fiduciary obligations, including but not limited to public speeches discussing Permanent Record;
any further written works; and any additional speeches that are within the scope of his
prepublication review obligations without first undertaking the prepublication review process; and
J. Grant to the United States such other relief as the Court may deem just and proper,
including, but not limited to, the Government’s costs herein.
Dated: September 17, 2019 Respectfully Submitted,

JOSEPH H. HUNT
Assistant Attorney General
G. ZACHARY TERWILLIGER
United States Attorney
JAMES M. BURNHAM
Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
/s/
R. TRENT MCCOTTER
Assistant United States Attorney
Office of the United States Attorney
2100 Jamieson Avenue
Alexandria, Virginia 22314
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Tel: (703) 299-3845
Fax: (703) 299-3983
Email: trent.mccotter@usdoj.gov
/s/
DANIEL SCHWEI
Senior Trial Counsel
ANTONIA KONKOLY
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L St. NW, Room 12024
Washington, DC 20530
Tel.: (202) 305-8693
Fax: (202) 616-8470
Email: daniel.s.schwei@usdoj.gov
Counsel for the United States
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