FlyerTalk Forums - View Single Post - Super Elite suspended; lawsuit filed but amicably settled out of court
Old Jun 28, 2018 | 4:04 pm
  #678  
rehoult
 
Join Date: Oct 2008
Location: YYC
Posts: 4,035
Originally Posted by expert7700
FTers such as myself would love to know the eventual outcome of this. after all, knowing if the suit succeeded would help us know whether to pursue action if anything similar ever happened again.

knowing the plainfiff may eventually be pushed to a NDA, he could setup a modified warrant canary now... when/if it disappears we know if there is a settlement under NDA. could even have multiple pages such as 100kcanary.html, 200kcanary.html, etc which (ahem, do not refer a dollar amount).

or, just post a public link to a bank account balance funded with a penny. there are ways share a current balance via a bank account aggregation service. if it suddely gets several hundred thousand deposited we MIGHT have a GUESS where it came from.
Warrant canarys only work for government actions. They are based on the assumption that it's unconstitutional for the Government to compel speech, which is generally accurate in the US, less so in Canada.

However, in either country, it would be irrelevant to a civil settlement that prohibits disclosing the existence of said settlement. If removing the canary caused the existence of the settlement to be known, that would be a breach of the settlement, and as the action wasn't forced by the Government there would be no constitutional argument to make. You'd be fudged.
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