Why would they use it at all? Women have been US military soldiers for a long time. Every one of them could have had their grip strength, body strength, etc. measure - if those additional details were predictive of anything useful.
But why? Do drone controllers require massive amounts of grip? The keys for the transport coordinator keyboards require 20 pounds of pressure?
Few things in the military require brute strength. And those women who have that strength shouldn't be rejected simply because they are women.
I understand freedom of speech and I understand she's free to speak but there may be consequences. I understand that there are huge complexities in the legal system. I understand you can enter into agreements (part of your speech) that effectively gives away your speech. But if you step back and look at this situation, it's just fucked up that a corporation can do this to you. If freedom of speech is supposed to be inalienable, these types of agreements should not be legal.
disclaimer: She lives in the UK and I'm speaking from a US perspective.
The corporation did not do this to her. It was a two party agreement. She bears just as much blame for the agreement as the corporation. She entered into it willingly. And that does and should have consequences.
Morally speaking I think the company is reprehensible. But nor do I think contact law should be changed because of it.
The antidote to a power imbalance is to recognize that there is no power imbalance and go about your life that way.
Pretending there is one lands you in an imaginary trap. Build a society where we recognize that and you build a society where the imaginary trap disappears.
You're the one pretending here. The economy is unfortunately designed around most people relying on an income stream that remains at the whims of someone else.
> I understand she's free to speak but there may be consequences
nit: this isn't generally a valid analysis. Rather, it's a common refrain used by people undermining freedom of speech while pretending to support it. This trope is often even trotted out in full-powertalk mode where it's applied to consequences coming from the government itself.
The UK is far worse, with draconian libel laws where the burden of proof is on the defendant. Originally designed to stop uppity commoners from challenging the aristocrats, now used by oligarchs to silence journalists.
In Germany, this sort of thinking is the reason you can't release anything into the public domain. People are presumed to be too stupid to be trusted with the decision to renounce their copyright and so they are "protected" from this possibility.
Have you ever been conned into releasing something into the public domain? Me either. Its not a real problem. But signing over the rights to some corporate party? That happens all the time, and is permitted in Germany. Germany is being very stupid here. They're letting abstract reasoning about principles blind them to common sense (many such cases in German history.)
Washington state does this with some parts of tenant law. There are certain tenant rights about habitability (heating, etc.) that are protected by law, and cannot be nullified by a rental/lease contract, even with consideration. The law states that the tenant legally cannot waive those rights.
Both non-disparagement and non-disclosure agreements should—just as many jurisdictions have for non-compete agreements, which do not even implicate free speech the way the others do—be sharply limited as a matter of public policy (non-disparagement even moreso than non-disclosure.) Both are routinely used to inflict public harm for private gain, and government enforcement of either is in tension with freedom of speech; while there is a legitimate case to be made that non-disclosure agreements within certain bounds have a certain degree of necessity in enabling legitimate business, this is a much harder case to make for non-disparagement agreements, at least for ones that are not temporally bounded within an active business relationship.
Depends on what type of non-disclosure. Disclosing technical guarded and not publicly known technical know-how - I am ok with those. Disclosing that boss treats people like trash should be allowed and I think lawmakers should have enough intelligence in their brains to make laws accordingly.
> Disclosing technical guarded and not publicly known technical know-how - I am ok with those.
I would love to see NDAs for trade secrets limited in a way that incentivizes companies to rely on patent protection instead, where the system is set up to ensure that knowledge eventually becomes public record and freely usable by anyone. It would be very interesting to see how eg. the tech industry would change if trade secret protection were limited to a meaningfully shorter duration than patents.
If you don't believe that people should be able to sell themselves into slavery, you should start by offering your list. If you do believe that people should be able to sell themselves into slavery, then unlimited freedom of contract is a basic freedom for you.
What you shouldn't do is pretend not to understand.
I'm not the one making a positive claim. I haven't even claimed such rights exist so why on earth would be the expectation be that I list them? You've assumed that I believe in this shared fiction.
We sell ourselves into a form of slavery every day. Some would argue that is a big driver of our current society and way of life.
Freedom of speech is far from inalienable. Non-disclosure agreements are most relevant, but every country on earth also has at least some regulations regarding hate speech, threats, incitement, purjury, or defamation — not to mention security clearances or state secrets.
And that's where the complexity arises in this argument that I don't know how to resolve. In the case of this woman vs Meta, to me it doesn't "feel" legal that one disparaging comment costs $50K. It feels that there's something wrong here that should not be allowed despite her entering the agreement. Maybe I don't believe she should have been allowed to enter the agreement.
But I understand that my point of view doesn't match legal code. Just feels fucked.
To be clear, I do agree with everything you've said here — I just disagree that freedom of speech is an inalienable right, and I don't think there's ever been a time or place where it has actually been considered one.
If it were up to me, I would require non-disparagement agreements to be standalone contracts, and cap the damages a company can claim to the amount they paid you to sign it. Once that number is met, the contract is void. That way the company only gets as much leverage as they're willing to pay for.
The majority of people will self-alienate themselves in exchange for power or even just survival
Think of a person digging their own grave under threat of immediate murder (tons of well documented examples). This is the maximum self alienation: do work to make life easier for your oppressors.
In my 41 years it seems like the majority of people are content digging their own graves
There's a basic list on that page. There are many LLMs out there that you can discuss this with if you want to waste your own time. I'm not going to waste any more time with this thread. You have an attitude that says "Debate me but you'll never convince me". If you'd like to learn something, there are many resources on the internet available to you.
Only for a very narrow definition of slavery. Arguably constructing society such that it costs so much to just exist (for example, by artificially restricting housing supply) and thus you have to work is not all that different to slavery. I would say the dollar is but company scrip with better PR.
Well now you're equivocating. We've established one that you can't deal in in a specific country. _Should_ is quite a different question. You can't establish should by establishing is.
Well that would seem to make the rights in question not particularly inalienable. In fact if we're talking about the US slavery _is_ legal in certain contexts. So it's definitely not inalienable. Only in the context of voluntary agreements between private citizens.
This has nothing to do with the founding fathers. The Ancient Greeks talked about natural law. The UN passed the Universal Declaration of Human Rights. 193 countries have ratified at least parts of it.
Again, I beg you to at least read a paragraph or two off Wikipedia.
The specific term 'inalienable' is heavily associated with the founding of the US. The others are different things but not very different in substance, i.e. ultimately some guy claimed these are universal rights. Wikipedia is not going to make appeal to authority work any better as an argument, I'm afraid.
> Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world...
Is the US not in the UN now or something? The whole UNUDHR was an Eleanor Roosevelt project. She literally drafted the documents! At least look it up before being rude. You need to get the knowledge before applying the sass.
Well this was really just a sub-argument about whether 'inalienable' is an Americanism, which it is. The real point about 'natural' rights, or whatever term you've switched to using, is that they're simply assertions. Not supported by anything else. Doesn't really matter who is asserting them. The argument takes the same form, and is equally bunk.
No I just mean in the sense that I give over the rights to my own words. I can't repeat them outside of the context that I've agreed to. They were both examples of the same kind of agreement. They'll keep those rights well after I'm dead, by the way.
You're not giving over the rights, you're selling the right to profit from them under contract.
You can argue that contract law is essentially a battle of relative political and economic power, and IP and employment contracts will always be unfair unless limits are set by statute and enforced enthusiastically.
And personally I would.
But generally you're signing away the rights to specific text, not the insights or commentary in that text, and if you freelance there's nothing to stop you making your points through some other channel, and/or some other text.
If you're a full-time employee then the usual agreement is that your words (code) are work product and owned by your employer, and you're in that situation because your political and economic power is relatively limited.
We're talking about whether people should be permitted to sign away their right to speech. I think you've conceded that such is permissible at least for a limited duration. Shall we quibble the permissible durations, or are you done?
Sure; we have to resolve conflicts between two sets of people with rights sometimes. The inalienable right to free speech doesn't extend to defamation and fraud; the inalienable right to freedom of movement doesn't apply to jailed murderers.
Unconscionability is a bit like obscenity; hard to perfectly define, but sometimes quite clear.
Those are not inalienable rights either, they're legal rights. Here, courtesy of Cornell law:
"An inalienable right is a fundamental entitlement inherent to every person that cannot be sold, transferred, or taken away by the government. These rights, often called natural rights are considered essential, cannot be surrendered by the individual, and are not dependent on laws."
Just Google "is x an inalienable right" next time.
> You asserted that free speech was an inaliable right, they provided an example showing it's not.
No.
"Inalienable right", like the "right to bear arms", has never meant you get to do anything with it. Free speech doesn't extend to defamation; free expression doesn't extend to murder; freedom of the press doesn't extend to sneaking into the CIA's archives, freedom of movement doesn't apply to jails.
I'm of the opinion that arbitration clauses and non-disparagement agreements of the scope involved in this particular case are unconsionable, because they unreasonably infringe upon such inalienable rights.
(I don't agree - re-read my wording carefully - but some certainly take that position. My point: those who do still tend to take the "but there are limits!" position on, say, home-brewed nukes.)
In each case, though - constitutional right, human right, inalienable right, natural right - the fundamental concept of "sometimes two people have rights that conflict, and society has to resolve this" applies.
You just lost your job, through no fault of your own, or maybe because you did the right thing and blew the whistle on illegal and/or unethical behavior. You don't know how long it will be before you find a new job or how you are going to pay the bills until then. Your employer offers you some money to tie you over, and maybe some resources to tide you over until you get a new job, but you have to agree to a hundred pages of legalese. And you only have a few hours to decide, not enough time to have a lawyer look at it, even if you could afford to pay a lawyer. You are highly stressed, so even if you take the time to read it, you probably don't take it all in, and feel pressured to agree. And your employer also makes vague threats that about what will happen if you don't sign it, like having a hard time finding a new job or maybe having legal action taken against you.
Does that seem like a free informed decision?
Looking at it another way, anti-disparagement agreements are basically bribes to keep quiet even if disclosure would benefit the general population.
I would argue yes. If you have the choice to sell to sell it, you can be forced to sell it.
One can still give up their basic rights if they so choose. The woman in question can cease from disparaging Meta for the rest of her life. A person can opt to enter in to being a slave to another for the rest of their life. I can choose to follow one religion or another or none at all. But one should never have those options taken from them.
A good reminder not to sign contracts with non-disparagement clauses, if you can help it. Seems like good territory for California to ban like they did with non-competes. At the very least they should be restricted from inclusion in severance agreements - at that point the company already has you over a barrel.
I'm not sure we can hold individuals responsible for signing these non-disparagement clauses. They often don't have a lawyer to review the paperwork and, I am sure, employers like Facebook aren't going to wait for a new hire to have a lawyer review that paperwork. There's a real pressure to sign everything with HR and get on to starting your new role.
In this case the author is an attorney, so can presumably understand a contract she signed.
And the non-disparagement wasnt in her hire agreement, it was in her severance agreement, in exchange for a negotiated amount of money. Author was wealthy enough to afford dedicated lawyers to review.
If you can't hold individuals responsible for signing contracts on the premise that they might not read them, you've simultaneously invalidated most contracts, increased the cost to enter a contract (essentially subsidizing the law industry), and severely limited the ability for individuals to enter into contracts — not to mention infantilizing adults who are fully capable of reading a document before signing it.
Furthermore, this was a severance agreement, not employment agreement, so having a lawyer review your contract is not going to delay you from starting your role.
I have my issues with this situation, but "they might not have read/understood the contract" isn't one of them.
Oh no, I wasn't clear: I am sure people read these agreements. I think most of the time, they don't understand them. Also, we can't always understand how these agreements might be applied even if we do think that we understand them.
I don't think we can hold people responsible for these types of contracts if they are under duress, for instance, under threat of the loss of their job. In this case the person signed in order to get the promised severance package, without which they wouldn't be able to continue with life-saving medical coverage, in my opinion that would also be under duress.
I mean, a reasonable non-disparagement clause for your current employees makes sense. You don't want your employees actively undermining the company in public. If they don't believe in what you're doing, they should be able to quit and say whatever they want. It should end immediately when your employment ends. It should be illegal to make it compulsary for severance packages, as many companies do.
And there need to be serious regulations about how these agreements can be used, and those regulations should protect whistleblowers at all costs. Like a public figure suing for libel/slander/defamation, the burden of proving statements false should rest entirely with the company.
The clause in question didn't even arise until after employment ended. Again, this person faced no obligation to sign this contract. They wanted the payment, so they signed it.
>However, nicotine can also act non-associatively. Nicotine directly enhances the reinforcing efficacy of other reinforcing stimuli in the environment, an effect that does not require a temporal or predictive relationship between nicotine and either the stimulus or the behavior. Hence, the reinforcing actions of nicotine stem both from the primary reinforcing actions of the drug (and the subsequent associative learning effects) as well as the reinforcement enhancement action of nicotine which is non-associative in nature.
You can find other studies about the addictiveness differences between cigarettes, vapes, chew, patches, pouches, etc. Basically, the methods with the most ceremony and additional stimulus are more addictive.
The demand for oil will likely never truly go to zero; too many products (outside of energy generation) rely on their byproducts.
As for the bigger picture — yes, higher prices for oil might spur extraction in regions outside of the middle east, but that's a local only viewpoint. Globally, higher oil prices reduce consumption and make green alternatives more attractive on net.
I'm not convinced. As those other things become less byproduct and more the product that oil is pumped for the costs change. Oil is cheap today in part because of volume. However as volumes go down a lot of the infrastructure doesn't make sense to run at all. We will need to build new smaller refineries to handle the smaller world demand - when oil companies look to do that they are going to ask for who will sign a long term contract (even a small refinery is expensive) and a lot of users of oil are going to realize that alternatives to oil are perhaps more expensive, but they don't involve the same long term contracts. Poorly managed companies are the ones who won't sign the contract and when they discover they can't get oil anymore they will be forced to look for an alternative, and that will drive investment in the alternative. (we already know how to make plastics from plants - it is just more expensive - but someone forced to use plant based plastics will be sure to market their green features)
The article lede reads: "Senator Ron Wyden says that when a secret interpretation of Section 702 is eventually declassified, the American public “will be stunned” to learn what the NSA has been doing."
Technically the full quote from Wyden is: "when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information."
It's a small thing, but I find the click-bait editorializing from techdirt a bit off-putting.
reply