McCarthy Tetrault
George S. Tach
A different risk posed by Web 2.0 technologies involves the inadvertent disclosure of intellectual property. Consider trade secrets. The law will afford protection to an organization's trade secrets -- including its confidential information -- so long as the organization takes reasonable measures to keep the material confidential.
It is extremely easy, however, to let a secret slip out during a Web 2.0 chat, blog posting or tweet. Again, we have already had an analogue to this risk in the Web 1.0 environment, namely the errant e-mail (for example, adding a non-company name to the "cc" list on sensitive, trade secret laden e-mail, and then having to hope that the "recall" technology works).
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