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It's perfectly possible to build a chat system that never creates any logs or recordings. Their chat system doesn't make recordings and then immediately delete them if you're chatting "off the record".

Now, plaintiffs lawyers will presumably try an argument like yours but if they succeed it's not obvious why it wouldn't immediately require all meetings of all employees to be videoed and recorded in perpetuity (as a company like Google always has hundreds of in flight lawsuits), nor is it obvious why that wouldn't extend to meetings where all the participants are in the same room and thus don't need a video call at all - perpetual 24/7 surveillance.



The law isn't consistent with how it treats communication, so it's sort of obvious why a change to how one sort of communication is treated wouldn't necessarily impact a different sort of communication.


Is it put into RAM? That really is the creation of a record.


Not if it wasn't moved to somewhere more permanent. Otherwise speaking is also creating a record since you could have saved those air wave readings.




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