Press "Enter" to skip to content

NDA’s and searches in the US

California is re-examining NDAs.  Why?   While a new law, CP 1001, protects the right to speak out about sex based discrimination … it does not cover race or racism.      This is leading to the introduction of SB331, which expands the law to speak out about workplace abuse, even after signing an NDA.

California law is critical for the tech industry, with such a significant portion based in Silicon Valley.  

While I’m covering laws, the US appeals court has ruled that Customs and Border Protection agents can conduct searches in depth of phone sand laptops.  This overturns an earlier victory.   There have been a number of conflicting opinions on this from different appeals courts.    Quoting the Verge:

Customs officials are able to conduct basic searches without “reasonable suspicion,” and they can conduct basic and advanced searches without obtaining a warrant. The exception is primarily intended for finding contraband or unauthorized entrants, but it applies to federal agents working within 100 miles of the US border — an area that covers most metropolitan areas.

Why do we care?

There’s always the cliché thrown around that “oh, you can’t enforce an NDA”… but you both can, and it’s a tool used to make speaking out more difficult.  There’s where it shouldn’t be.    

Let’s observe that I’ve cited how I believe the regular warrant process should hold up.  Here, it seems CBP can proceed without one.   And broadly, too.    Within 100 miles of the border, which includes the coast… is most places.   

And so why we care.  

Source: Protocol

Source: The Verge