“Ceci n’est pas une pipe”

In the great hall of mirrors that is corporate communications, addressing issues raised by government court orders whose contents you can’t disclose and whose existence you can’t acknowledge represents a high degree of difficulty.  Imagine you are in receipt of such a court order which has become the subject of widespread public controversy and you wish to be heard on the subject without violating the law.  What would you do?  In this age of social media, you have some interesting options, including the one chosen by a company we will not name which tweeted out to the world an internal memorandum addressed to employees which said in part: “The alleged court order that [Newspaper Y] published on its website contains language that:

  • Compels [Company X] to respond
  • Forbids [Company X] from revealing the order’s existence
  • Excludes from production the “content of any communication…..or the name, address, or financial information of any subscriber or customer.”

…if [Company X] were to receive such an order, we would be required to comply.”

A good effort in which every word has been scrubbed within an inch of its life.  We could quibble with “alleged court order.”  Unless the company is suggesting the document published by the newspaper is a forgery this should surely read “the court order, whose existence we can neither confirm nor deny…”  In the last sentence we would also prefer “if [Company X] had received such an order…” but this is a mere bag of shells.  We can continue this discussion on April 12, 2038 when the alleged court order may be made public.

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