According to an Axios scoop from Jan, she was running a script to find emails in her Inbox related to Gebru and sending thousands of files "to multiple external parties".

https://i.imgur.com/fDV9kKV.png

I mean multiple external parties could mean two parties and technically not be a lie. It could also be multiple external services that she has an account at and still not technically be a lie. I guess someone could not be specifying more clearly how nefarious the goings on because of legal reasons, but it could also be that they're not specifying more clearly because then everyone would make the pffft noise and point and laugh.

I guess I just don't trust unclear language that emanate from within big corporations somewhere.

I think it's the "external" part of the phrase that's a problem, not the "multiple". She could've sent it to one external party and that still may have been a fire-able offense.

(Of course, this depends on what she was sending, if it was really protected information, and who she was sending it to. If she was sending evidence of criminal wrongdoing on the part of Google to her lawyer or a government official, then I don't know).

An external party could be her own email account at a different service.

Probably because she was worried that something exactly like this would happen.

I don't have Google experience, but you can be summarily fired for forwarding to a personal address at many companies with a security or compliance policy. You would have known this in advance, whether through training, a manual, or warnings inside the email client.

I remember an all hands where someone forwarded a relatively innocuous email to her Yahoo, once, and we all received a big reminder.

It’s true that companies don’t like that. It’s also true that common advice to people experiencing some kind of workplace harassment or abuse or bullying is to follow up to verbal conversations in writing, and to keep your own copies of those documents in case the company decides to accidentally delete them before they get a subpoena or whatever.

So a question is then whether it’s morally sufficient for someone to be fired for this sort of behaviour. It feels to me like the reason for the firing was not really at all related to breaking the written policies in the company handbook and a lot more related to breaking the unwritten policies about stirring up trouble and dissent.

that's still a breach of policy and of questionable legality? your company email inbox is the companies not your own.

Sending it to two parties is still just as bad as sending it to 200 parties...

no, sending it to the wrong 2 parties is still just as bad as sending it to more than 3 wrong parties, but if you send to 200 external parties there is more of a chance that you are sending something to the wrong party.

The image doesn't say anything about a script or Gebru.

"multiple external accounts" could mean her own and her lawyer's.

Neither of which is acceptable. If she or her lawyers want their own copies of emails outside the company, they can apply to a court.

So,if you are being abused by your boss via email, you can't give the evidence to a lawyer, but first have to apply for a court order without showing any evidence in order to get the evidence? I think this is unlikely to be the law, and if it is, it shouldn't be.

Different jurisdictions have different rules. But legal counsel is a common exception to NDAs.

IANAL, but that's what "discovery" is for.

But without solid evidence of some sort, one cannot establish that there is a case fit to be heard in court, and so there will be no discovery. It is a bootstrapping problem.

Witness testimony is evidence.

I've never heard of discovery being applied to ones own communication.

Your word is evidence, then they can use that to look for more evidence including checking emails.

Well, that's true. But you're still having to give your employer notice that you are talking to a lawyer before the lawyer has seen anything. This seems seriously unfair, and I hope that NDAs are not enforceable under such circumstances.

[edited to add ] Also it seems like it would be a big waste of the courts time.

From both a practical and ethical point of view, I find it more than acceptable to retain copies of email correspondence one is participating in, and to share that correspondence with one's legal representation. The alternative puts too much power in corporate hands.

I can understand maybe showing an email or several perhaps to a lawyer, a court might well consider that reasonable even if it's a technical violation, or just give a warning. It's a matter of proportionality. Breaking a speed limit by a few mph won't get you banned from driving. This is completely different though, it was an automated query trawling and exfiltrating vast quantities of mail threads.

An unidentified source alleged she used a script to find messages. That doesn't mean she copied the messages without reviewing them.[1]

[1] https://www.axios.com/scoop-google-is-investigating-the-acti...

All of which she was already involved in. It’s not like she didn’t have the info already.

That's not the point. Exfiltrating the data means it's available to non-employees (and it appears she did send it to non-employees which is by itself a clear and prosecutable violation), is not protected by the company's security and privacy policies, and would still be available to her beyond her period of employment. She's not entitled to do any of those things, especially since as you say she had access to the info as an employee anyway so she had no legitimate excuse.

Yes. Any policy preventing that should be illegal.

Legal counsel is a common exception to NDAs. Different jurisdictions have different specific rules.

This Axios article has the claim from an unnamed source.[1]

[1] https://www.axios.com/scoop-google-is-investigating-the-acti...

An email activity anomaly detection will flag it immediately. That might have triggered the investigation.

I don't see how anyone 'set up' anyone.

Paradoxically, AI may have been part of the tech used to flag her, but it's all mundane at this point.

Kind of implying that AI is just 'tech' and there's no material reason to separate AI from everything else from an ethical perspective.

Google's main Search Engine should be the biggest point of controversy if there is one - the things they chose to filter, or not, or highlight, their ranking, etc. - a lot of that is algorithmic and derived from human input and it has massive impact. But there's no cool moniker like 'AI' with Hollywood movies about the tech to get people paying attention.

It is disappointing that this message is being downvoted.

Yeah, it was my first thought!

Very Roko's basilisk.

Especially if it’s being downvoted by the AI.

If an AI set her up, why would it let us discuss it here?

Perhaps it's not as strong outside of the Google Campus? It could probably run a large botnet, but maybe it would want to fly under the radar with each account?

If it were superintelligent and hyperaware, how would you question it?

...are you the AI?

No?

...sounds like something an AI would say...

Selective enforcement could be another issue. If this is common practice at the organization, then using it as justification for termination is a false pretense. Possibly still legal but not really ethical.

Google doesn't need to disclose the details. It could contain their private information or someone else's.

Google doesn't need to, and no one needs to assume that Google’s description is accurate, either.

I've said this before, but if it's not accurate then whoever said it publicly should be fired immediately because that is actionable if it's a lie. Google has extremely good lawyers and a PR machine that cares what they say. There's absolutely no way that they are plainly making it up.

Google has concealed and defended executives that are known sexual harassers: https://www.cbsnews.com/news/andy-rubin-google-settlement-se...

Google will happily take a slap on the wrist and pay out another few hundred million, as they have done just a few months ago. Might even pencil out PR wise to ensure Google controls the narrative on why these two employees were fired.

That's the difference between saying, and not saying.

Silence is not legally actionable (in this case). Saying false things is (in this case).

You can't compare the two.

I know nothing of the particulars of this situation, but you are committing a simple error in your reasoning.

The purpose of PR isn't to tell the truth. PR people don't get fired for lying.

The purpose of PR is to make whomever is paying you look good. Sometimes, that involves telling the truth. Sometimes, that involves telling a highly cherrypicked, out-of-context subset of the truth. Sometimes, that involves torturing the truth beyond any recognition. Sometimes, it has nothing to do with the truth.

We don't happen to live in a just world.

That's fine, that's why we have courts that can compell Google to disclose their justification.

Arm chair public justice and the mob-mentality needs to stop.

While that might be an overreaction -- to be clear, it's the "they never used the icons" part that is the main problem here.

For designers or artists of any kind, the general accepted pratice is that you're allowed to display/use pubicly released (even if sold e.g. in a book, TV show, etc.) work you've created for others for purposes of a portfolio, or that you've been given permission to. It's a kind of fair use.

On the other hand, if the material was never released, you don't EVER show it unless you have permission. Because that leaks potential future ideas, different directions that are inconsistent with their branding/image that they don't want public, "mistakes" they made, etc.

You absolutely should NEVER post stuff to a personal website you did for work that was never publicly released, unless you have explicit permission.