U.S. law protects whistleblowers who disclose information about potential misconduct to the government. But that protection doesn't necessarily cover taking corporate secrets to the media.
The company says it has been mischaracterized. “I think most of us just don’t recognize the false picture of the company that is being painted,” CEO Mark Zuckerberg wrote to employees on Tuesday.
In the same interview, asked if Facebook would sue or retaliate against the whistleblower, Bickert said only, “I can’t answer that.” Asked about her risk because she went to the media, Haugen's lawyer, Tye, maintains that because Haugen went to the SEC, Congress and state authorities, she’s entitled to whistleblower protections. He said any suit from Facebook would be “frivolous" and that Facebook has not been in touch.Courts haven't tested whether leaking to the media is protected under Dodd-Frank, but Colapinto said the U.S.
Haugen effectively used leaks to the media to turn up the pressure on Congress and government regulators. Colapinto said her disclosures had a public-interest purpose that could complicate enforcing the NDA if Facebook chose to do so.Facebook probably wants its veiled threats to unnerve other employees or former employees who might be tempted to speak out.
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