NDAs are a civil matter

Molly has a really good explanation of the legal issues involved in the Apple-vs-web sites (not really “bloggers”) suits:

The violation of non-disclosure agreements (NDAs) is – read this carefully – not a criminal act. This is why comparing the actions of those who might have violated a NDA and those who published the information to murderers and thieves is erroneous by the standards of U.S. law.

What may exist if a NDA is proven to have been breached is what is known as a tortious interference with business. Breach of a NDA may result in fines, or other civil ramifications, but most decidedly not criminal ones.

You see, here in the U.S. we aren’t supposed to mix our business interests (which are heavily regulated by the government already) with those civil liberties granted us via the Constitution and its amendments.

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