The usual argument (e.g.) for warrant canaries being meaningful is that the (US) government has much less legal ability to compel speech (especially false speech) than to prohibit it. I don’t think any similar argument holds for private contracts; AFAIK they can require speech, and I don’t know whether anything is different if the required speech is known by both parties to be false. (The one relevant search result I found doesn’t say there’s anything preventing such a contract; Claude says there isn’t, but it could be thrown out on grounds of public policy or unconscionability.)
I would think this ‘canary’ still works, because it’s hard to imagine OpenAI suing, or getting anywhere with a suit, for someone not proactively lying (when silence could mean things besides ‘I am subject to an NDA’). But, if a contract requiring false speech would be valid,
insofar as this works it works for different reasons than a warrant canary
it could stop working, if future NDAs are written with it in mind
(Quibbles aside, this is a good idea; thanks for making it!)
Yeah, the proposal here differs from warrant canaries in that it doesn’t ask people to proactively make statements ahead of time—it just relies on the ability of some people who can speak, to provide evidence that others can’t. So if e.g. Bob and Joe have been released, but Alice hasn’t, then Bob and Joe saying they’ve been released makes Alice’s silence more conspicuous.
(I am not a lawyer)
The usual argument (e.g.) for warrant canaries being meaningful is that the (US) government has much less legal ability to compel speech (especially false speech) than to prohibit it. I don’t think any similar argument holds for private contracts; AFAIK they can require speech, and I don’t know whether anything is different if the required speech is known by both parties to be false. (The one relevant search result I found doesn’t say there’s anything preventing such a contract; Claude says there isn’t, but it could be thrown out on grounds of public policy or unconscionability.)
I would think this ‘canary’ still works, because it’s hard to imagine OpenAI suing, or getting anywhere with a suit, for someone not proactively lying (when silence could mean things besides ‘I am subject to an NDA’). But, if a contract requiring false speech would be valid,
insofar as this works it works for different reasons than a warrant canary
it could stop working, if future NDAs are written with it in mind
(Quibbles aside, this is a good idea; thanks for making it!)
Yeah, the proposal here differs from warrant canaries in that it doesn’t ask people to proactively make statements ahead of time—it just relies on the ability of some people who can speak, to provide evidence that others can’t. So if e.g. Bob and Joe have been released, but Alice hasn’t, then Bob and Joe saying they’ve been released makes Alice’s silence more conspicuous.