←back to thread

156 points tysone | 1 comments | | HN request time: 0.217s | source
Show context
getpost ◴[] 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.

replies(12): >>42199118 #>>42199195 #>>42199223 #>>42199254 #>>42199476 #>>42199565 #>>42199605 #>>42199877 #>>42199883 #>>42200785 #>>42201087 #>>42201671 #
lancesells ◴[] 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.

replies(9): >>42199221 #>>42199265 #>>42199338 #>>42199371 #>>42199492 #>>42199507 #>>42199626 #>>42199700 #>>42200398 #
Hasu ◴[] No.42199338[source]
> Mega-corporations should have their communications logged at a much higher level than a normal business.

I agree entirely. And it's not like it's unprecedented: we treat banks like this already. They have to keep records of all internal communications for years.

And it doesn't stop banks from breaking the law, or their employees from doing so in (recorded and logged) internal communications.

replies(3): >>42199717 #>>42199870 #>>42201204 #
1. lxgr ◴[] No.42199870[source]
> They have to keep records of all internal communications for years.

Except for those that happen in person, which is bizarrely arbitrary, especially in times of hybrid work. I do feel like there really should be a digital/remote equivalent to an in-person conversation – but (for specific industries only!), there isn't really.

One could even say that the status quo is a huge scope creep in terms of the original intent of the regulation, which was apparently focused more on "things one intentionally writes down", not "things that got written down because that's just the medium in which a conversation happened" or "things that were recorded because it's technically feasible" [1].

[1] https://www.bloomberg.com/opinion/articles/2022-09-28/the-de...