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154 points tysone | 1 comments | | HN request time: 0s | source
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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.

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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.

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summerlight ◴[] No.42199492[source]
> If you have communications that can be used as evidence you're probably in the wrong.

The problem is that most employees are not lawyers so they cannot make a proper legal judgement on their routine works. And even lawyers are frequently making mistakes. And if you think prosecutors are not good at "creative legal interpretation", then you probably don't know much about them. Seemingly innocent things can become the greatest weapon at the hand of competent prosecutor.

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1. fsckboy ◴[] No.42200242{3}[source]
>The problem is that most employees are not lawyers so they cannot make a proper legal judgement on their routine works.

but the executives are much closer to understanding the legal issues, so when an unsophisticated employee suggest something that is against anti-trust, the boss should say "no, we can't do that, it's anti-competitive"

the issue is not speaking against interest, it's engaging in illegal behaviors.