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203 points tysone | 1 comments | | HN request time: 0.228s | 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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_DeadFred_ ◴[] No.42199700[source]
Imagine you work as an aerospace engineer. Imagine having to couch/overthink everything your say in communication so that it can't be taken out of context later. You literally have yearly training on how you have to communicate and in hugely impacts how people work because one dumb one off comment in email can financially end the company when an accident occurs.

and that's before you get to the fact that you have to defer how your IT systems work to the lawyers from the big overseas insurance company that covers your company/products. It's a major pain to get them to sign off on collaboration systems because they are such a discovery risk not because you are hidings, but because of how people communicate especially around issues. As far as discovery goes with aerospace, if your engineers anywhere acknowledged any problems, you are hit. How can you have a good product/continuous improvement when you can't acknowledge issues in writing?

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lancesells ◴[] No.42208174[source]
Imagine your parents get on a plane and it crashes due to a malfunction. Then imagine five years later the maker of such plane had communications where an employee said "i think something is wrong with x. we should pause work on x" and their manager said "no, the tests with x are within range. you should continue". Then the relatives of people in the crash sue.

I'm not saying who is at fault or who is liable (that's for a judge to decide) but you don't think that communication should be in court? Do you really know the depths that capitalism will go to to make a dollar off of you and everyone you know?

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1. rileymat2 ◴[] No.42209122[source]
Isn't there a third option?

Where those statements are available to the plaintiff to evaluate for evidence of, but the underlying communication is not allowed to be presented to the jury because it is prejudicial until it is established that the x had a real foreseeable issue?