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How Google spent 15 years creating a culture of concealment

(www.nytimes.com)
154 points tysone | 2 comments | 20 Nov 24 11:45 UTC | HN request time: 0s | source
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getpost ◴[20 Nov 24 23:05 UTC] No.42199072[source]▶
If anything you ever say during routine business operations can end up as evidence, clear and honest communication will suffer. The effectiveness of organizations, including the ability to act ethically, will be seriously degraded.

There needs to be some kind of work product doctrine, which protects the privacy of routine business communication. Defining that, while allowing the collection of evidence of criminal activity, won't be easy, but the current state of affairs is unworkable.

I don't wish to facilitate corporate crime, and it's obvious that some of Google's anti-competitive behavior is unlawful. But, I don't see any realistic alternative to what Google is doing in the current legal environment.

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lancesells ◴[20 Nov 24 23:23 UTC] No.42199195[source]▶
> If anything you ever say during routine business operations can end up as evidence, clear and honest communication will suffer. The effectiveness of organizations, including the ability to act ethically, will be seriously degraded.

> There needs to be some kind of work product doctrine, which protects the privacy of routine business communication.

Wow. This is the opposite of how I feel. Mega-corporations should have their communications logged at a much higher level than a normal business. The things that have come out in court show how they manipulated their customers (advertisers). Regardless of how you feel about advertising a portion of those companies are small mom and pop shops trying to get by. If you have communications that can be used as evidence you're probably in the wrong.

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mattmaroon ◴[20 Nov 24 23:26 UTC] No.42199221[source]▶
“ If you have communications that can be used as evidence you're probably in the wrong.”

I’m surprised to see someone advocating for “if you haven’t done anything wrong you don’t have anything to hide” on HN. The cognitive dissonance must be in overdrive here!

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1. eftychis ◴[21 Nov 24 00:01 UTC] No.42199508{3}[source]▶
There is a difference between keeping one's privacy and actively abusing and masquerading attorney client privilege to conceal criminal actions, knowing they are criminal actions. Because that is what Google was doing. They knew extremely well how they were violating the law and the implications.

And even worse, actively recruiting individuals to commit obstruction of justice and evidence spoliation (two distinct categories), so you as a company can thrive from crime a few more years.

The law is there to protect consumers.

Privacy law is there to protect everyone. Google could have easily said: I have the evidence, but I plead the fifth and not going to provide that evidence that you seek in discovery. The issue of course is in civil proceedings this means, the Court can instruct adverse inference or strike the pleadings -- that is a default judgment.

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2. tetromino_ ◴[21 Nov 24 03:31 UTC] No.42200836[source]▶
That's not how any of this works, at all. Please take the time to at least take a look an introductory Wikipedia article about the legal system. (For starters, "pleading the fifth" applies only to testimony of a human being which may cause him to be personally accused of a crime. It has zero relevance to the question of accessing archived emails and chat logs sitting on a hard drive which is owned by a corporation accused of a civil violation.)