Template:Return of information: Difference between revisions

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+The {{confiprov|disclosing party}} will, of course, want to be able to conclusively get the {{confiprov|confidential information}} back out of your sticky mitts at the end of the {{confiprov|project}}. Hence the {{confiprov|Return of information}} provision.
 ===Return, or {{confiprov|put beyond practical use}}?===
-In this modern era of distributed network computing, the usual entreaties to “[[Return of information - Confi Provision|return all copies of information]]” are faintly absurd: as if they’ve been kept in a manila folder in a filing cabinet somewhere, only inspected by chaperoned employees wearing white cotton gloves. Of course, everything will have been transmitted electronically, will exist in clouds, on blockchains and on servers all around the world, and the very action of attempting to “return” it will oblige it to be copied onto other servers etc. etc. Some of these copies will be stored for years under legally mandated [[document retention policy|document retention policies]], but other entities will just be anal — or useless — about hoarding information.
+In this modern era of distributed network computing, the usual entreaties to “[[Return of information - Confi Provision|return all copies of information]]” are faintly absurd: as if they’ve been kept in a manila folder in a filing cabinet somewhere, only inspected by chaperoned employees wearing white cotton gloves. Of course, everything will have been transmitted electronically, will exist in clouds, on blockchains and on servers all around the world, and the very action of attempting to “return” it will oblige it to be copied onto other servers etc. etc. Some of these copies will be stored for years under legally mandated document retention policies, but other entities will just be anal — or useless — about hoarding information.
-So the real ask ought to be “to {{confiprov|put beyond practical use}}” and have an exception for regulatory retention.
+So the real ask ought to be “to {{confiprov|put beyond practical use}}” and have an exception for regulatory retention, and the practical realities of how information technology actually works: every internal email creates copies on all kinds of different servers and so on; non-magnetic erasures can in theory be undone. Theoretical eradication of a file is impossible; what matters is practical removal of the information from persons in whose grubby fingers the poor {{confiprov|discloser}}’s (cough) legitimate business interests can suffer.
-==={{confiprov|Derived information}}===
-There’s also a conceptual issue with [[Derived information - Confi Provision|information the receiving party has derived]] from the {{confiprov|confidential information}}: the fecund fruits of its own creative energies and analytical power.
-This is in no sense proprietary to the {{confiprov|disclosing party}}, and may indeed by as commercially sensitive to the {{confiprov|receiving party}} as the material the disclosing party gave, and on which it was based, it in the first place. Think Paul’s middle eight about having a shave and catching the bus in ''A Day in the Life''. We are in danger of getting into the [[jurisprudence|jurisprudential]] wisdom of treating intellectual endeavour as if it were tangible property - but let’s not go there just not<ref>Those who can’t resist the siren call, start with Larwence Lessig’s fabulous Code 2.0.</ref>
+===[[Derived information]]===
+There’s also a conceptual issue with [[Derived information - Confi Provision|information the receiving party has derived]] from the {{confiprov|confidential information}}.
-In any case {{confiprov|derived information}} should not have to be offered up to the {{confiprov|discloser}}. Query whether it should have to even be destroyed or {{confiprov|put beyond practical use}}. I mean. can you imagine a world without a McCartney middle eight, just because Lennon had the hump?
+{{derived information}}
+In any case, you should not have to offer up {{confiprov|derived information}} to the {{confiprov|discloser}}.Query whether it should have to even be destroyed or {{confiprov|put beyond practical use}}. I mean, can you imagine a world without a McCartney middle eight, just because Lennon had the hump?
+===Fussy elaborations===
+If your game is to engage in a protracted round of pointless horse-trading, you could try imposing some arbitrary formalities upon compliance with this clause: a 14 day period within which to comply, for example; an obligation for a director or officer of the {{confiprov|recipient}} to [[Certification - Confi Provision|certify]] that the clause has been complied with.