[HN Gopher] How Google spent 15 years creating a culture of conc...
       ___________________________________________________________________
        
       How Google spent 15 years creating a culture of concealment
        
       Author : tysone
       Score  : 45 points
       Date   : 2024-11-20 11:45 UTC (11 hours ago)
        
 (HTM) web link (www.nytimes.com)
 (TXT) w3m dump (www.nytimes.com)
        
       | lupire wrote:
       | Is this different from retention policy at any other business
       | with competent lawyers?
        
         | infamia wrote:
         | Yes, these are terrible policies, which has gotten Google in
         | hot water during litigation. Overusing Attorney-Client
         | Privilege is a good way to get it neutered/curtailed during a
         | trial. Moreover, the company has an affirmative duty to
         | preserve data. Leaving it up to individual employees to retain
         | data risks adverse inferences about the lost data, sanctions,
         | default rulings, and worse depending on the circumstances.
         | 
         | > It encouraged employees to put "attorney-client privileged"
         | on documents and to always add a Google lawyer to the list of
         | recipients, even if no legal questions were involved and the
         | lawyer never responded.
         | 
         | > Companies anticipating litigation are required to preserve
         | documents. But Google exempted instant messaging from automatic
         | legal holds. If workers were involved in a lawsuit, it was up
         | to them to turn their chat history on. From the evidence in the
         | trials, few did.
        
       | mensetmanusman wrote:
       | It's possible with digital tech, always on mics, and remote work
       | that absolutely every communication within a company could be
       | recorded forever.
       | 
       | Would humanity be better off? Or are people stupider when they
       | are thinking out loud in front of recording devices?
       | 
       | How much do the lawyers deserve to know?
        
         | bananapub wrote:
         | you don't need to wonder, go and read up on the madness that is
         | Bridgewater Associates
        
           | josefritzishere wrote:
           | wtf https://www.businessinsider.com/bridgewater-associates-
           | manag...
        
             | calmbonsai wrote:
             | As much as I think Dalio's "principles" are a "good thing"
             | for personal practices they don't scale to groups--let
             | alone a corporation.
             | 
             | All of these "radical transparency" and "radical honesty"
             | practices are just justifications for being lackadaisical
             | about the nuances of human relations.
        
         | xnx wrote:
         | > every communication within a company could be recorded
         | forever.
         | 
         | Within 15 years we will probably wear a necklace or other
         | device that will record [at least the audio] of our entire
         | lives. This will have a number of positive benefits (memory
         | augmentation, etc.) but also as train data for AI.
        
           | jakubmazanec wrote:
           | Did you read The Circle? I definitely won't wear any such
           | devices.
        
           | Syonyk wrote:
           | No.
           | 
           | Some people will. Others will refuse, and very likely refuse
           | to interact with people with such devices. The "gargoyles" of
           | Snow Crash (people living their lives with full recording
           | devices on them at all times to upload to the metaverse) were
           | not well liked.
           | 
           | And lest we forget more recent history, the term "Glassholes"
           | came into existence to refer similarly to people with "I
           | don't know if their camera/mic on their face is recording me
           | or not!" devices on their heads.
        
         | wkat4242 wrote:
         | > How much do the lawyers deserve to know?
         | 
         | Nothing IMO. They can look at the company's actions. There's no
         | need to invade the privacy of individual employees.
         | 
         | If they were trying to confiscate my personal mobile that I use
         | for work I will never go along with that.
         | 
         | Luckily I live in Europe where the atmosphere is far less
         | litigious.
        
           | marssaxman wrote:
           | > If they were trying to confiscate my personal mobile that I
           | use for work
           | 
           | That is a good reason never to use your personal mobile for
           | work! If you really need a phone to do your job, your
           | employer should be paying for it anyway.
        
             | doubled112 wrote:
             | Exactly.
             | 
             | People look at me like I have two heads when I tell them
             | that my work devices are for work things and personal
             | devices are for personal things.
             | 
             | There are very rare exceptions to this rule.
        
           | vineyardmike wrote:
           | > Luckily I live in Europe where the atmosphere is far less
           | litigious.
           | 
           | Not if your name is Google Inc.
           | 
           | > Nothing IMO. They can look at the company's actions.
           | There's no need to invade the privacy of individual
           | employees.
           | 
           | This refers to employees communicating in a work setting not
           | personal communications.
        
         | pydry wrote:
         | Better to just have a website for anonymous tip offs where you
         | can download a private key and collect a fat reward if it ends
         | up being used for a prosecution.
         | 
         | Or we could do the opposite and have corporate whistleblowers
         | like the boeing ones mysteriously die off while everyone just
         | makes jokes about it.
        
       | jakubmazanec wrote:
       | https://archive.ph/T8UOD
        
       | tqi wrote:
       | These policies are in place because companies have learned that
       | journalists will happily take any comment, from any employee,
       | from any context, and make it Crucial Evidence(TM) of
       | impropriety...
        
         | bargainbot3k wrote:
         | Milquetoast and corporatist shill take. People should be
         | snooping and questioning no matter how outlandish the
         | accusations. Courts are there to decide what matters.
         | 
         | As Eric Schmidt once remarked to us, if companies have
         | something they don't want journalists to know maybe they
         | shouldn't do it in the first place.
        
       | cadamsau wrote:
       | Seems like there's an opportunity to build an AI B2B SaaS that
       | flags companies' sketchy comms to be scrubbed.
       | 
       | No surprises here frankly; for a public company, sticking to
       | "don't be evil" conflicts with fiduciary duty, and only the
       | latter is law.
        
       | more_corn wrote:
       | Google 100% provided advice for concealment specifically targeted
       | at future litigation. Gchat logs were specifically reduced
       | company-wide explicitly to avoid court discovery.
       | 
       | I personally saw the advice to cc a lawyer with a legal question
       | in order to bring a conversation under attorney client privilege.
       | 
       | The penalty they're facing in now way accounts for the money they
       | saved by concealing evidence, which basically means "keep doing
       | it, it works!"
        
         | changoplatanero wrote:
         | It's illegal to destroy evidence of a crime but it's not
         | illegal to avoid creating evidence in the first place
         | especially if you genuinely believe that you're not doing
         | anything wrong. Generally speaking, companies are not obligated
         | to preserve every chat forever just in case they get sued later
         | on.
        
         | optimalsolver wrote:
         | >Gchat logs were specifically reduced company-wide explicitly
         | to avoid court discovery
         | 
         | While heavily pushing Gchat to corporate customers.
         | 
         | At least you can't accuse them of getting high on their own
         | supply.
        
       ___________________________________________________________________
       (page generated 2024-11-20 23:00 UTC)