Re:US passes emergency waiver over fuel pipeline cyber-attack
by titzer on Monday May 10, 2021 @03:17AM
(#27103515)
All internal communications, unless they are with an attorney and are clearly marked "privileged" and pertain to actual legal advice, are discoverable.
Re:US passes emergency waiver over fuel pipeline cyber-attack
by JumpCrisscross on Monday May 10, 2021 @03:43AM
(#27103647)
> All internal communications, unless they are with an attorney and are clearly marked "privileged" and pertain to actual legal advice, are discoverable
If a communication doesn't exist, it's not discoverable. If you legislate penalties for a certain type of communication, it shouldn't be surprising when it ceases to exist. This isn't the product of cover ups. It's the long-term effect of penalties dissuading the looking into of certain things. If discovering a breach is penalized, nobody competent will look for breaches--that leaves no discoverable liability.
Re:US passes emergency waiver over fuel pipeline cyber-attack
by titzer on Monday May 10, 2021 @10:37AM
(#27106418)
You're imagining that every company is going to transition some kind of nefarious mob-style wink-wink, nudge-nudge, no-written records speakeasy, or what? That's really taking things far.
This whole line of reasoning is specious, anyway. It's based on a fallacy that enforcing penalties is just going to make everyone lie their asses off to get out scott free. Is society so broken that they can get away with this? Come on.
When you do this, the documents never get created. Not due to nefarious cover-ups. But because if little incentivises the creation of documentation, and everything penalises it in the edge case, you get rubber stamped compliance stacks for decades until a crash.
If one has massive downside for reporting a potential risk, one better be 100% sure that risk is manifest before pulling the trigger. That delay and omission is the cost of such draconianism.