Saturday, October 15, 2016

Will the ‘Apprentice’ tapes remain secret?


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(CNN)The presidential campaign has been jolted by the leak of a tape from the show “Access Hollywood” that caught Donald Trump bragging about his ability to kiss and grope women at will. Since he spent years as the star of “The Apprentice,” the question has arisen of whether that show has tapes that could affect the course of the election and if there are legal constraints that would prevent their release.

On October 3, the Associated Press reported on interviews with people who were associated with “The Apprentice” and claimed “Donald Trump repeatedly demeaned women with sexist language” and “said he rated female contestants by the size of their breasts and talked about which ones he’d like to have sex with.”
    After much speculation about tapes, “Apprentice” producer Mark Burnett and his company’s owner, MGM, went so far as to issue a joint statement this week: “Mark Burnett does not have the ability nor the right to release footage or other material from ‘The Apprentice.’ Various contractual and legal requirements also restrict MGM’s ability to release such material.”
    That argument didn’t sit well with Barry Diller, the media entrepreneur, who backs Hillary Clinton. Diller told Politico, “There are no legal obligations. To who? For what? …They own the copyright. They can do whatever they want with it.”

    The

    Phrases like “confidential” or “secret” are thrown around offices and companies as if their invocation alone will ward off prying eyes. To a court, these are just words. A court has the power to open up the books and the vaults of even the most secretive companies; all it needs is a case, and someone — or something — or some prosecutor — willing to bring it.
    The dilemma facing MGM and Burnett illustrates a modern concern for companies. Technology has allowed us to keep an unprecedented volume of records, video and otherwise. However, the fact that we are all just a lawsuit away from having to hand over incredibly sensitive and damaging information encourages a Snapchat approach: companies have every incentive to delete or “lose” records as soon as possible. Unfortunately, the safest company from the reach of discovery is the company with the fewest records, and the fewest scruples.

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