Re: Litigation: It sounds like your read of “much of our current efforts involve policy advocacy andlitigation, which we keep confidential” was something akin to “we are actively engaged in one or more already-filed lawsuits,” which is not how it was intended. What we meant was that litigation as a general strategy is one of our current efforts (as opposed to some other strategy, for example), and that confidentiality is important to us in that strategy. At this stage, this practically means things like researching issues and causes of action, searching for plaintiffs, consulting with potential witnesses, and other tasks performed in preparation for litigation. With that said, in the interest of disambiguation, we will edit the original post for clarity and note how it has been edited.
Thank you for fixing it.
Re: Confidentiality: As for why confidentiality is important, this is because opposition could take more effective countermeasures to lower the effectiveness of our interventions if they knew exactly what we were doing or preparing to do.
We’ve openly stated that in many circumstances, confidentiality is appropriate or even necessary. If you’re preparing for a lawsuit, we don’t object to keeping specific legal strategies or related information confidential. Our concern has never been about the existence of confidentiality—it’s about how confidentiality was used rhetorically to deflect criticism, and to suggest more progress and impact than the facts supported.
You asked us not to mention that SPI’s work is confidential, claiming it “could raise suspicion from industry.” This reason doesn’t make sense. Simply knowing SPI has some form of confidential work does not provide any meaningful information; everyone does work that could be self-labeled as confidential. Industry does not care about a charity that filed zero lawsuits, litigated zero cases, and operated with $0 in expenditures in their most recent fiscal year.
Further, there is no way for any opposition to develop “more effective countermeasures” in reaction to simply knowing SPI has some form of work that’s been self-labeled as confidential.
Re: Pending cases: As others have noted in this thread, there are multiple reasonable interpretations of the phrase “pending cases.” We thought it understandable from the context of the post, but again, to be as clear as possible, we will edit the original post and note how it has been edited.
When you say: “Much of our current efforts involve […] litigation, which we keep confidential for operational reasons—sharing details publicly would compromise pending cases.”
there’s a good chance many people will reasonably interpret that to mean:
You’ve actually done litigation, and
You have legal cases that are currently pending.
Since neither of those things is true, the statement was materially misleading.
Invoking confidentiality here discouraged additional inquiry, and furthered the false impression that SPI was engaged in sensitive, ongoing litigation, despite no cases having been filed.
Re: Policy advocacy: The types of policy advocacy actions we engage in range from organizational outreach, public outreach, and legislator/regulator outreach. These are ongoing initiatives and not yet fully realized outcomes. We do not think that having the words “Reform Pesticide Use” on our website next to our other initiatives implies that we have already finished the initiative.
Above is an image from SPI’s website.
“We try to reform pesticide use” and “We do reform pesticide use” are two completely different claims—just like saying “We try to discover aliens” versus “We do discover aliens.”
You can’t honestly claim to reform pesticide use until pesticide use is actually changing as a result of your work.
Thank you for fixing it.
We’ve openly stated that in many circumstances, confidentiality is appropriate or even necessary. If you’re preparing for a lawsuit, we don’t object to keeping specific legal strategies or related information confidential. Our concern has never been about the existence of confidentiality—it’s about how confidentiality was used rhetorically to deflect criticism, and to suggest more progress and impact than the facts supported.
You asked us not to mention that SPI’s work is confidential, claiming it “could raise suspicion from industry.” This reason doesn’t make sense. Simply knowing SPI has some form of confidential work does not provide any meaningful information; everyone does work that could be self-labeled as confidential. Industry does not care about a charity that filed zero lawsuits, litigated zero cases, and operated with $0 in expenditures in their most recent fiscal year.
Further, there is no way for any opposition to develop “more effective countermeasures” in reaction to simply knowing SPI has some form of work that’s been self-labeled as confidential.
When you say: “Much of our current efforts involve […] litigation, which we keep confidential for operational reasons—sharing details publicly would compromise pending cases.”
there’s a good chance many people will reasonably interpret that to mean:
You’ve actually done litigation, and
You have legal cases that are currently pending.
Since neither of those things is true, the statement was materially misleading.
Invoking confidentiality here discouraged additional inquiry, and furthered the false impression that SPI was engaged in sensitive, ongoing litigation, despite no cases having been filed.
Above is an image from SPI’s website.
“We try to reform pesticide use” and “We do reform pesticide use” are two completely different claims—just like saying “We try to discover aliens” versus “We do discover aliens.”
You can’t honestly claim to reform pesticide use until pesticide use is actually changing as a result of your work.