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Darius Kazemi

If BigCorp meets with me under NDA and says "We are going to firebomb you all" then I can't say without personal legal repercussions "BigCorp is going to firebomb us". But I can say to everyone "Let's invest in some fire suppressant. If you think about it it's only a matter of time before we are firebombed."

The alternative is stay ignorant and then simply get firebombed

22 comments | Expand all CWs
scott f

@darius If BigCorp offers you a meeting, there has to be something they're getting out of it. And you can force them to drop the NDA if they want to get that.

Darius Kazemi

@scott A person can attend a meeting and not give information to the enemy except that which is already freely available.

Darius Kazemi

@scott Also BigCorp does stupid shit against their own interests all the time. It's important to remember that corporations make mistakes and we need to take advantage when that happens.

scott f

@darius For me, the normalization of meeting with BigCorp on its own terms, and the knowledge centralization (and power differential) that results from a select few participants having NDA'd info, goes against much of the point of the fediverse in the first place.

Julien Deswaef

@darius Exactly. And I'm not too surprised big corp is putting NDAs on people who join their meetings. NDAs don't mean you have to agree to anything in the meeting either. You can even stay silent during the whole meeting.

But if no one goes to the meeting, no one can say to the others to start working on fire retardant tech, either.

Darius Kazemi

When Tumblr announced they were planning to federate, I contacted them and we had a meeting. I told them they needed to put user safety first and foremost in all feature and protocol level decision making and gave them some pointers. I don't know the result of that or if it was effective but I'm glad I did it.

I would like to get a chance to yell about this stuff to Meta, too, you know?

Ryan Randall :OpenAccess: :hc:

@darius Thank you for sharing all this!

For whatever it's worth, I wonder if there's some workable way to adapt warrant canaries to NDAs. eff.org/deeplinks/2014/04/warr

What sort of collaborative system might let trustworthy, insightful folks like you and Are0h balance "adherence to NDA restrictions" and "transparent communication under legal constraints"?

Simon Brooke

@darius If you can talk to Meta without signing NDAs, by all means do so.

Amy (she/her)

@darius This is exactly why I don't get people being doom and gloom about the NDA meeting.

Do I trust Meta? hell no. But knowing what they're up to, and being able to do something about itβ€”even if you can't talk about it directlyβ€”is valuable AF.

It is precisely because we don't trust them that we need skeptics in the room at meetings like this.

@infosec_jcp πŸˆπŸƒ done differently

@darius

This has some of this type vibes, probably based on the past 20+ yrs on wot META has done, 'probably', allegedly, obvs. πŸ’©πŸ‘€πŸ‘€

Kevin Marks

@darius I have in the past looked at an NDA from a bigco and edited each clause to be mutually binding, signed it and handed it back.
When they say "I can't sign this, I don't have the authority" we can maybe have a useful conversation.

Darius Kazemi

@KevinMarks that's a good trick and one that I've done before

elle mundy

@darius that β€œif” is doing a lot of work!

Darius Kazemi

@exchgr πŸ™ƒ

Ricardo Harvin

@darius When BigCorp insists on an NDA, that's enough to warrant a public warning of possible impending harm.

Any entity wanting to privately discuss, under penalty of legal harm, any matter regarding participation with a network that explicitly functions under a principle of complete openness and transparency should always be met first and foremost with suspicion and concern for harms they may commit, intentional or not.

You understand that, surely.

Darius Kazemi

@ricardoharvin correct! And not incompatible with what I'm saying

Ricardo Harvin

@darius It seemed to me your post was claiming accepting the NDA was *required* in order to know if there was a possible danger approaching, and a warning necessary.

If I misunderstood, I apologize.

Darius Kazemi

@ricardoharvin it is simply required to know things that a corporation will only say under NDA

Ricardo Harvin

@darius I understand that.

:blahaj: Why Not Zoidberg? πŸ¦‘

@darius
Oh also... people should have the good sense to realize that if Big Corpo wants you to sign an NDA, you are probably doing something wrong.

Tormod Halvorsen

@darius

What REALLY rubs me the wrong way is that the Internet and the Web (and Fedi) is built on open, freely available standards. We WANT to disclose the contents of our developements, our protocols and APIs.

For a company to initiate talks with projects on the open web to require NDAs is running counter to core values in those projects. It's extremely tone deaf and a strong signal they are not interested in protecting our commons.

Dawn TΓ₯ke πŸŒ™:sparkletrans:

@darius
Pretty much what libraries did during the patriot act Era. There was an auto-gag order for any demanded information. Many libraries then instead put out something akin to, "your information may not be private her," if they got hit.

It also put compulsion below the subpoena level.

American Library Association and American Civil Librities Union v. The United States put an end to that year's before most of the act expired on its own.

Sorry for the infodump. Felt relevant adjacent.

@darius
Pretty much what libraries did during the patriot act Era. There was an auto-gag order for any demanded information. Many libraries then instead put out something akin to, "your information may not be private her," if they got hit.

It also put compulsion below the subpoena level.

American Library Association and American Civil Librities Union v. The United States put an end to that year's before most of the act expired on its own.

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