Comment by somenameforme

21 days ago

A company is absolutely free to choose whether or not to do business with them, but an employee acting to try to undermine them as a customer or their relationship with the business is what would open the door to all these sort of laws and consequences, especially when that relationship is precisely in the furtherance of a law enforcement purposes, and the interference was motivated by an effort to impair that enforcement.

Stuff like actively expressing opposition to taking them on as a customer, trying to persuade management to do otherwise, and so on would all be perfectly kosher. But the stuff the top post in this thread alludes to, let alone what it links to, is how you end up in prison for a very long time after the 'I didn't know it was illegal' defense fails.

An employees actions would be a matter of judgment between the company leadership and themsleves, I don't understand how it's a criminal matter. To the outside entity it's a business contract, to the company it's an internal matter if and how to deal with any specific activities of the employee.

  • > An employees actions would be a matter of judgment between the company leadership and themselves

    There has been a few news articles (and court cases) where this question has been raised and it is not strict true. Employee actions are only actions for which the employee has been given as an task as part of their employment and role. Actions outside of that is private actions. When this end up in court, the role description and employee contract becomes very important.

    A clear case example is when a doctor is looking up data on a patient. Downloading patient records from people who they are not the doctor for can be criminal and not just a breech of hospital policy, especially if they sell or transfer the data.

    • I was tempted to add this very line when I wrote my message but I hoped it would be obvious I don't mean things like illegally stealing private data. I was talking about things like "falsifying" data to the contractor, which doesn't seem like a crime to me just a contract violation.

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  • You're granting an employee a special status that doesn't exist. Imagine a random person working to undermine a contract between the government and a business, motivated by an effort to obstruct law enforcement from enforcing the law. I'm sure you'd agree that this would obviously be illegal - that doesn't change simply because the person happens to be working for the business in question.

    • It's still not clear to me, where did I anywhere imply it's any different if a single individual or company is in question. I said it's a matter between the company and the employee because a company may dislike the employees actions and choose to deal with it eg by firing them, the contracting party isn't involved here. It still seems to me at most a matter of contract whether it's directly a single person being contracted or a person as part of a company.

    • And no I don't think it's illegal. You seem deeply confused, where is the "obstruction"? If there is obstruction there should be a specific court order and the parties involved, otherwise it's just business. Do you think say, telling a amazon delivery driver who's asking for the location of some address a bs route is illegal?

    • If it's still not clear, I am saying my understanding is unless it is very specifically part of an investigation and involves the party in question, the entity whether an individual or a company is irrelevant, they are just as far as it seems to me engaging in a business deal.

The other side of this is, if you don't obstruct, you will eventually have to be the guy saying "I was just following orders" [0]

[0] https://en.wikipedia.org/wiki/Superior_orders

  • The Nazis were engaging in systematic and large scale genocide. ICE is deporting people in the country illegally back to their home countries, free of charge. I'm not being snarky there either, immigration offenses are taken seriously worldwide and in many places you can end up in indefinite detention, required to pay for your own deportation + fines, and more. The 'penalty' being a free ticket home is a pretty sweet deal.

I mean why not, if they are just taking on a blanket software or data proposal, its no different than say a local government contracting the construction of some accounting software. At most they could claim failure of contract, I don't see how it should be a criminal matter if non functional or bad outcome was delivered.