So, you have your employees and contractors sign an agreement that they will not disclose certain super secret stuff. Alas, one of them breaches his contract and discloses it. To a newspaper reporter, no less. Is the reporter “an aider, abettor and/or co-conspirator” in that employee’s breach of contract? Normally, no.
“Guilty Plea in Leak Of Intelligence Files,” Wall Street Journal, February 8, 2014 A3 http://on.wsj.com/1lMpIp6 Employee here is/was Stephen Kim, formerly a State Department contractor. The reporter is/was James Rosen, whose phone and email accounts were search by the government.
- Contracts are not a 100% effective control against dissemination of information.
- Privity of contract not required for abetting a breach of contract.
- The First and Fourth Amendments are not really rules; they’re apparently more like guidelines.
Governance involves an obligation to follow the applicable rules.