Google, the global internet giant known for storing the world’s information, has reportedly instructed its employees to delete messages and avoid using certain terms to sidestep antitrust lawsuits, according to a report. These practices, aimed at limiting internal documentation, have allegedly been in place since 2008. This strategy reportedly began when Google faced antitrust scrutiny over a proposed advertising deal with Yahoo, as revealed by a New York Times investigation.
The report claims that a confidential memo circulated during that period advised employees to avoid speculation, sarcasm, and discussions about contentious issues unless all relevant facts were known. Employees were urged to be cautious with their internal communications and were discouraged from writing anything that could potentially be misconstrued during legal proceedings. This approach extended to altering technology settings, including changing the company’s instant messaging tool to “off the record,” which ensured that conversations would automatically be deleted the following day.
The New York Times report pieced together this alleged culture of secrecy through hundreds of documents, exhibits, and witness testimonies presented in three separate antitrust trials against Google over the past year. Testimonies and evidence highlighted steps taken by Google to restrict internal communication, allegedly including tactics such as marking documents as “attorney-client privileged” and including legal counsel in correspondence even when no legal issues were involved. This practice, according to the report, served to shield communications from potential scrutiny.
US law mandates companies involved in litigation to preserve relevant documents. However, the report suggests that Google’s policies exempted instant messaging from automatic legal holds. Employees involved in lawsuits were responsible for manually enabling chat history, but evidence presented in the trials indicated that very few did so. This exemption allowed for significant gaps in documentation, raising questions about compliance with legal preservation requirements.
The revelations have sparked discussions about Google’s internal culture and its response to regulatory scrutiny. The company’s alleged efforts to manage its communications and limit documentation highlight broader concerns about corporate accountability in the face of growing antitrust scrutiny. As legal proceedings continue, these practices are likely to remain under the microscope, potentially influencing how regulators and courts view Google’s actions in high-profile antitrust cases.
