A modest step might be to allow a forum post author to restrict visibility of their post to those who enter a forum username/password (i.e., the post could not be indexed by search engines). You could go a step further and limit access to usernames that had been vetted in some fashion, but that would involve some time commitment and uncertain benefit. Perhaps during situations like FTX, you could allow posts to be limited to usernames created before the crisis happened . . . but that might give people a false sense of security as the odds of any mass communication leaking are non-trivial.
One caveat: any communication can become a “serious legal statement” if it’s not legally protected from disclosure in discovery. And although the topic of record retention is far more complex than this sentence (or even Molly’s backgrounder), as soon as a sufficient copy of the information exists, there may be an obligation to preserve it if relevant litigation is forseen. Any technology that allows recipients to view the information at their convenience will probably involve creating a sufficient copy. So this would not have helped with the FTX situation. I’m guessing that the people involved in that situation have been advised to rely on their telephones considerably.
A modest step might be to allow a forum post author to restrict visibility of their post to those who enter a forum username/password (i.e., the post could not be indexed by search engines). You could go a step further and limit access to usernames that had been vetted in some fashion, but that would involve some time commitment and uncertain benefit. Perhaps during situations like FTX, you could allow posts to be limited to usernames created before the crisis happened . . . but that might give people a false sense of security as the odds of any mass communication leaking are non-trivial.
One caveat: any communication can become a “serious legal statement” if it’s not legally protected from disclosure in discovery. And although the topic of record retention is far more complex than this sentence (or even Molly’s backgrounder), as soon as a sufficient copy of the information exists, there may be an obligation to preserve it if relevant litigation is forseen. Any technology that allows recipients to view the information at their convenience will probably involve creating a sufficient copy. So this would not have helped with the FTX situation. I’m guessing that the people involved in that situation have been advised to rely on their telephones considerably.