Public officials should not be able to sign NDAs with private businesses.
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Who would arrest them? The whole system is corrupt
An ignorant and unengaged electorate is just asking for it. When you're rich they let you do it, you can do anything.
I remind my friends all the time to pay attention. I plead with them to vote, but they just don't care. They think everyone is corrupt and nothing matters. I'm the only one in my friends group that gives a damn. Honestly, I think this country is cooked. I don't see any way other than pain to cure this apathy.
That's tragic. I'm appealing to people who believe far-right conspiracies (without realising the source is far-right) to be careful of what they consume, but they're voting.
Grab em by the ~~pussy~~ complete and utter lack of morality.
It should not be legal for elected officials to sign NDAs with corporations.
That was my reaction before I even read the text at the bottom of the post.
It should not be legal for elected officials to sign NDAs ~~with corporations~~.
Part of the price for being given the power of office should be the loss of privacy. If you are an official, you are no longer a private citizen. You are a representative and should not be doing anything you want to keep secret from your constituency.
I generally agree with that, but sometimes government officials have to perform official duties that require confidentiality.
If they're intervening on behalf of a constituent and it involves medical or otherwise personal information, then they should be required to maintain confidentiality. Whether that requires an NDA or something else is a different question.
No NDA necessary. That'd be under other laws/systems. Some would be under things like HIPAA in the US if they learned the information in the course of their work. At minimum, it would fall under civil liability if they publicised private information of private individuals and those people claimed that it caused them harm in some way.
Michigan Constitution Art. 4 § 11 protects state legislators from liability for speech in the legislature. A similar clause that applies to local councillors would prevent these sorts of contracts because they wouldn't be binding; the councillors could openly violate the non-disclosure agreement during the council sessions and would be immune from liability for breaching the agreement. That being said, being legally allowed to speak won't persuade a person who doesn't want to speak from staying silent. If the company in question offered a huge bribe to not talk, that's not something that can be solved by the legislature. That's a problem for the prosecutor's office.
So they're less worried about civil liability and more concerned about being sued for "breach of contract" and possibly having to return the bribe?
Contract law is a branch of the civil law and breach of contract gives rise to civil liability.
Let's talk about legal bribes vs illegal bribes.
A "legal bribe" would be something like offering some crazy incentive to a councillor that is tied to the project being approved, like saying "We're thinking about donating $100,000 to your re-election campaign" or "Your son should apply for our data analyst position with an annual salary of $100,000". There is no explicit agreement, just a wink and a nod. But the person being bribed knows that the receipt of the reward is contingent on their acting according to the bribe offerer's wishes. This form of bribery is legal in the United States and actually constitutionally protected according to the infamously fucked-up Supreme Court case Citizens United v. Federal Election Commission. If the councillor doesn't do what the data centre company wants, they'll simply not receive the donation or their son won't get the job.
An "illegal bribe" is just a classic bribe: an agreement that we will pay you X dollars cash if you do Y. That's illegal in the US and carries strict penalties. But since it's illegal, if the money has already been paid and the bribe recipient doesn't do what was agreed, or the bribe offerer doesn't pay after the bribe recipient does what they're told, there is absolutely no recourse to the legal system because courts will not enforce contracts for illegal activities.
The NDA is probably a legal bribe. The company invites the councillor to discuss the data centre project at the fanciest restaurant in town, makes them sign an NDA that "all details of the meeting will remain confidential", then discusses the possibility of the campaign donation or nepo job offer at the meeting. Then the company pays for the meal on the company card. All of that is technically legal, but of course, it's horribly corrupt so if the locals caught wind of it, they'd run the councillor out of town. Entire municipal councils have been recalled from office before as a result of unpopular data centre projects.
How insightful. Glad you shared these comments.
Breach of contract is a civil action.
PSA most NDAs are unenforceable BS. Same with non-competes. You can't prevent a person from making a living. The only thing NDAs can really cover are true trade secrets that could cause actual damages to the company. Otherwise in the US a company can't make you sign your right to free speech away.
If you can't afford the time or money to defend yourself from a SLAPP lawsuit, the legality doesn't matter much anymore. It is unfortunately in most peoples best financial interests to not personally test the legality of unenforceable BS.
Exactly, corporations care not for the legality. It's just that the very existence of a signed NDA opens up the power to suit, countersuit or in general drown a person in so many administrative fees that they are condemned to eternal poverty anyway. Whether the actual text is legal or not is irrelevant. An NDA is a weapon in many other ways.
The only thing NDAs can really cover are true trade secrets that could cause actual damages to the company.
Isn't it very easy for companies to argue any confidential information/agreement would damage them?
It has to be a specific trade secret AND cause actual damages.
If you leaked the secret recipe to coca cola and now competitors don't just make cokealikes, but literal coke for half the price, you get nuked from orbit.
If I help a company develop machine learning I can talk about my implementation, the problems I solved, how I did it, what design decisions I made .etc because all of that is reasonable to an experienced software engineer. If I had some novel idea nobody else had that company would have patented it, or specifically named it as a trade secret and not just "it's all a trade secret plz don't talk or we SLAPP you with a dumb lawsuit"
They're up against the constitution's 1st amendment in the US. In my home country of Canada we have the same or stronger protections for workers. My second example literally happened to me. I was on a ML project and signed an NDA and the only thing that NDA and a non-compete and all that really covers is me giving info to competitors while I worked there basically... Once I no longer work for them it's an uphill battle to even prove the basis of a lawsuit to go after me for the NDA or NC.
And as an elected official, you should not be able to sign away your constituents’ ability to have a transparent government.
PSA most NDAs are unenforceable BS.
They expose you to vexation litigation within the same public bureaucracy that these companies are buying up.
If you want to see what a private industry can do to fuck over an attorney with a spine and a bit of skill, just check out the history of Steven Donzinger.
Peak corruption
Corruption, corruption everywhere and not a drop to drink (because the data centers sucked up all of the good drinking water).
I think non-disclosure agreements and the existence of billionaires are mutually dependent.
I have worked with small businesses worth peanuts that use NDAs for meetings with third parties, they are a very common and easy to use tool
This is when a group of like minded, engaged citizens should band together with their own NDA. That way if the towns elected officials suddenly went missing, they wouldn't be at liberty to discuss it. Although they would all have each other as an alibi, so it would help ensure police don't waste a lot of time looking into obviously innocent people.
Can you have recall elections? Those are no longer your politicians, they are corporate employees.
Without punishment or consequences, it doesn't matter. We're cooked. Our leaders literally raped children and NOTHING has been done. We're overcooked.
What a shithole country
A similar "meeting with the public" had place in the small municipality where I live, in Italy. Similar in the sense that the mayor and members of her technical department refused to answer most questions, or took to mock the audience.
several governors already okayed the project in thier states
How the fuck is it even remotely legal for a politician to sign an NDA with a corporation to hide information from their constituents?
Who would prosecute, even if it was? Bet the DAs are wrapped up in this as much as anyone else.
I work in a government capacity in my country and I have a NDA in law form.
I can ask an applicant anything relevant to their application. Trade secret and all, and they MUST supply the answer. But I am obliged by law not to divulge anything that that could be sensitive for the company if it were to be know to the competition.
Anyone can make a complaint about my apartments handling and it would be investigated by one level up in the chain, but no one can let any trade secrets slip
This isn't about trade secrets, this is about elected officials doing backroom deals with corporations that actively harm their constituents, and taking active measures to reduce transparency.
"OK next question. Can your head fit into this basket?"