Constitutional guidelines

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 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.

Lesson(s) Learned.

  1. Contracts are not a 100% effective control against dissemination of information.
  2. Privity of contract not required for abetting a breach of contract.
  3. The First and Fourth Amendments are not really rules; they’re apparently more like guidelines.

Governance involves an obligation to follow the applicable rules.



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Filed under Business Case, Controls, Governance, Information, Internal controls, Legal, Ownership, Requirements, Risk, Third parties

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