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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