RE: [gnso-dow123] DRAFT redline of recommendation 2

["Bret Fausett" <bfausett@xxxxxxxxxxxxxxxx>]

Ø       You are an attorney.  As you know, disclosure of a 

Ø       pending criminal investigation can be a violation of law.

 

Thanks, Kathy.

 

Actually I don?t know this to be true, at least in the U.S. I can
certainly understand why the target of a criminal investigation might not
want to disclose that fact, but I am not aware of anything that would
require the target of an investigation to keep that fact quiet. I?m not a
criminal lawyer though, so please let me know what I?m missing.

 

Regardless, a criminal investigation could be one of those specifically
defined instances in which we permit confidentiality. My experience,
however, is that once you permit broad unbounded confidentiality it?s used
by everyone, whether appropriate or not. That?s why I suggested narrowly
defining the circumstances in which confidentiality is used ? if we choose
to go this route. 

 

Bret

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