Case 15: Speaking Out Against Not Speaking Out

Question 1

Central Ethical Dilemma: When, if ever, are legal ______ ethically justifiable?

Answer 1

Non-Disclosure agreements

Question 2

Operational Definitions: A non-disclosure agreement (NDA) is a __________ that establishes a ________ between ______: one that holds sensitive information and the other that will receive that sensitive information. The latter agrees that the information they receive won’t be made available to others.

Answer 2

-legally binding contract
- confidential relationship
- two parties

Question 3

What are the two parties in an NDA?

Answer 3

One that holds sensitive information and the other that will receive that sensitive information.

The latter agrees that the information they receive won’t be made available to others.

Question 4

Who are the stakeholders in an NDA?

Answer 4

• companies
• organizations
• governments
• high net worth individuals who want to protect sensitive information from leaking to the public

Question 5

STANCE :We argue that NDAs with clearly defined parties, confidential information, consequences, scope, time-frame, and exceptions are ethically permissible in corporate/business relationships.

NDAs used in personal relationships or to contain matters related to ________or _____ are not ethically justifiable due to the _______ and infringement of personal autonomy.

Answer 5

• sexual harassment
• abuse
• power imbalance
• infringement of personal autonomy

Question 6

STANCE :We argue that NDAs with _____, _____, _____, _____, ______, ______, and ______ are ethically permissible in corporate/business relationships.

NDAs used in personal relationships or to contain matters related to sexual harassment or abuse are not ethically justifiable due to the power imbalance and infringement of personal autonomy.

Answer 6

clearly defined parties, confidential information, consequences, scope, time-frame, and exceptions

Question 7

Pirates Capture Castles Surrounding Tiny Estates

Answer 7

parties
confidential information
consequences
scope
time-frame

Question 8

Rule Utilitarianism:
We should strive to create rules that are designed to promote the ______ or well-being for the greatest number of people if ______.

Answer 8

• greatest happiness
• followed consistently

Question 9

NDAs used to cover personal or romantic relationships between people is a particularly difficult subject because the scope is _______, and the utility to society _________.

(Private NDA Agreements)

Answer 9

• difficult to define
• is not necessarily positive to society at large

Question 10

High-net worth individuals and institutions may require NDAs to protect their ______ if potentially damaging information gets leaked to the public.

The damages could be to if not more severe than those encountered in the______.

(Private NDA Agreements)

Answer 10

• reputation
• equal
• commercial realm

Question 11

The issue with these scenarios is the ____ of the NDAs and if their ____ outweighs the ______ entering these agreements.

(Private NDA Agreements)

Answer 11

• scope
• utility
• risk it places on individuals

Question 12

Firstly, the scope of these NDAs are difficult to define as they don’t necessarily pertain to clearly defined ______ or .

They are ________ and _____ defined to cover any and all possible reputational damages at great cost to _____ and to those who sign the agreement.

(Private NDA Agreements)

Answer 12

• intellectual property
• financial transactions
• broadly and ambiguous
• personal liberty
• freedom

Question 13

Why do we argue that in romantic, personal, or any non-business relationships NDAs should not be necessary in the first place as they are entirely different from business relationships and do more to hinder societal interactions than further them.

FOR BUSINESS: 3 reasons

(Private NDA Agreements)

Answer 13

• Business relationships are built with financial motivation
• Require consequences to ensure mutual interests are aligned
• NDAs are necessary for businesses to work together without necessarily requiring trust between parties

Question 14

Why do we argue that in romantic, personal, or any non-business relationships NDAs should not be necessary in the first place as they are entirely different from business relationships and do more to hinder societal interactions than further them.

FOR PERSONAL RELATIONSHIPS: 5 reasons

(Private NDA Agreements)

Answer 14

• built largely on the gradual building of trust
• don’t have a particular aim
• free to be built, strengthened, weakened, and broken with whomever one desire
• autonomy is crucial to freely speak when interests aren’t aligned

The moment an NDA is signed, trust is no longer needed, and the threat of litigation can be used to silence a person.