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by jbmorgado 3272 days ago
> "If you're really truly worried about false accusations then here's another fix you can have for free: record your meetings, texts, emails, and calls with founders and/or don't meet alone."

Well, there are two problems with that.

1 - It puts the burden of proof on the accused. I.E. it totally throws out of the window what has become a de facto human right and an universally established legal one in every democracy: "Innocent until proven guilty", into a: "Guilty until you can shows us some footage that proves you are not guilty" (which let's face it, it's basically impossible if the accuser is lying on purpose and knows how to do things).

2 - In America I think you are free to record other people interacting with you or in your office/home (perhaps some American can clarify this), but in many other countries, specially in most of EU, that's a crime. You can't go around recording people unless they are of public interest and in a public situation or they expressly consent to it.

2 comments

It may or may not be legal to record conversations in the U.S. depending on the state, and depending on whether or not other people consent to being recorded. California has 2-party consent law when it comes to recording conversations. In other words, it's a crime to record a conversation with another person and not tell them: https://www.google.com/search?q=california+conversaion+recor....

(Law enforcement is exempt from this restriction, of course).

As has been pointed out, no one is suggesting non-consensual recording. Starting a meeting with, "do you mind if I record this?" is hardly alien.

As for burden of proof, I don't see it. It's like saying that asking people to lock their houses is a burden, when thieves are the criminals.

If you are a VC having a meeting with a founder, arrange for for more than 2 people to be there, such as a co-VC, a co-founder, a secretary, or whoever. Are business meetings with 3 people suddenly a human rights violation?

The burden argument seems really disingenuous given the context. This is a business meeting, not picking dinner with your friends, and the process is full of negotiation, records, and witnesses. Would anyone protest writing down terms or having a secretary at the meeting to avoid the chance of a contractual dispute later?
> "As for burden of proof, I don't see it. It's like saying that asking people to lock their houses is a burden, when thieves are the criminals."

This is surely the poorest analogy I've ever read in my all life, comparing a burglar trying to enter your house with someone falsely accusing you of something.

What about the burden of proof you don't see if you go casually dressed to shop in some fancy shop and they falsely accuse you of trying to shoplift and you - oh bummer - didn't record everything?

You also don't see any burden of proof on you if you go to some corrupt country and the police falsely stops you for speeding and you didn't record your all trip after the moment you got there (though luck, if you didn't record everything is because you surely did something wrong)? You don't see that burden of proof on you, right?