[throwaway858]

This isn't how it works. If a website is hosting content that infringes on some NDA, then you are supposed to sue the website (and not the person who posted it to the website -- who are often anonymous and can't be directly sued).

So Twitter would need to sue itself to demand that it take down the content. And the judge would reject the suit and scold Twitter for wasting the courts time, and tell Twitter that if it wants something removed from its own website then it should just remove it.

[ytpete]

I don't believe that's true. For copyrighted work, you can issue a takedown notice to the website - but copyright is federal law. NDAs are just private contracts. If you could sue someone for hosting/posting NDA content, then any leaks or whistleblower content could be hidden from the public just by suing the all the news websites.

Generally I think you can only sue the person who violated the NDA, not anyone further down the chain who posted the material. The same is even true for classified info in most cases - the NY Times won a famous Supreme Court cases about that over publishing the Pentagon Papers in the Vietnam era. Same principle that protected publishing the Snowden leaks, etc.

[dylan604]

> If a website is hosting content that infringes on some NDA, then you are supposed to sue the website

> So Twitter would need to sue itself to demand that it take down the content.

is this how it actually works, or is it make a request to the website and sue if request is deemed unduly denied? if the latter, then some Twitter HR/lawyer person can make a request to a Twitter moderation person and the request would be immediately approved. At that point, there's no "difference" in the procedures for internal/external moderation requests.

[olliej]

> This isn't how it works. If a website is hosting content that infringes on some NDA, then you are supposed to sue the website (and not the person who posted it to the website -- who are often anonymous and can't be directly sued).

That's nonsense, because under that interpretation of the law no news agency could ever report anything with anonymous sources, or people "familiar with the situation", because under your definition they are now violating an agreement about which they know nothing.

[heavyset_go]

You could sue the website, but it wouldn't go very far, because website operators are not liable for user uploaded content because of Section 230 of the CDA.