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Re:Employee sues Google for 'illegal' confidentiality policies by sangnoir on Wednesday December 21, 2016 @04:25AM (#13227832)
> Why not though? What's wrong with it?

One of the reasons is jury trials: such emails are discoverable and Google has first-hand experience with this in Oracle v. Google. Oracle brought an email sent by a non-lawyer technical Googler[1] and used it as evidence that Google knowingly infringed on Oracle's copyright. Googles lawyers had to go to great pains to deflect that line of attack (including asking the guy if he was a lawyer on the stand as Oracle's hostile witness).

Even if the email is wrong, it still looks bad to someone who does not understand the nuance of law, like members of the jury.

1. http://arstechnica.com/tech-policy/2016/05/apache-e-mails-sh...

Re:Employee sues Google for 'illegal' confidentiality policies by josho on Wednesday December 21, 2016 @10:11AM (#13229672)
This is corporate policy to protect the corporation. It is power gone too far. People need to know that it's ok to speak up when something wrong occurs.

For example, If I were to see Jimmy stealing some GoogleBot servers then absolutely the company would want me to inform them about Jimmy's actions. Communication is largely done by email. So, there is no problem reporting illegal activity by email.

But, that's not what the corporation is fearful of, they are afraid of Jimmy's department which is infringing Big Corp.'s Patents. If I see this and email the company then the company has to respond with an inquiry to their lawyer and investigate, otherwise this could come out later in a court trial and cause financial harm. So the company doesn't want people to do what they believe is right. Oh sure, we can still report it verbally. But, that's absurd to have a policy that says email is fine for all communications except for anything that could potentially be detrimental to the company. What if I was harassed at work, I'm not supposed to say anything about that in email, it all has to be done face to face?

I hope this case wins, I hope that folks here understand that it's important to do what's right and not to do what their corporation tells them is right.

Re:Employee sues Google for 'illegal' confidentiality policies by md_ on Wednesday December 21, 2016 @01:55PM (#13231609)
As I said above, most corporations advise employees to raise legal concerns to lawyers. This makes those concerns privileged and ensures the concerns go to people who can, you know, professionally evaluate them.

So I don't think you can reasonably say this is a case of companies not wanting illegality to be disclosed. It's wanting disclosure to take the proper form.

(Indeed, they have a vested interest in proper handling of illegality to ensure that higher-ups are aware of and can mitigate legal risks.)

Re:Employee sues Google for 'illegal' confidentiality policies by the8472 on Wednesday December 21, 2016 @09:24AM (#13229281)
Well, then maybe not the speech between employees is the problem but jury trials or the discovery therein.

If lawyers are just fishing to soundbites and that leads to companies hassling their employees that's a flawed system.