A confidentiality agreement is a promise to keep something private, or a pledge to keep something private.
Stormy Daniels signed a 2016 confidentiality agreement supposedly prepared by an attorney representing candidate Don Trump. Trump did not sign; the attorney, a non-party to the agreement, did not sign. The attorney advanced $130,000 of his own money to pay Daniels. Don Trump and his minions now claim the candidate did not know of the agreement with Stormy Daniels; Trump has not repaid the attorney for advancing the money. The reasons to disclaim knowledge of the agreement and of the money appears campaign finance law violations.
Under these facts a third party, the attorney, is trying to interpose a confidentiality agreement on Daniels (1) which has been disclaimed by the principal on other side, (2) which was never executed by the principal on the other side and (3) an executed fully enforceable agreement presents a prima facie case of a crime.
Stormy Daniels’ situation is like circumstances of victims, suspects, and law enforcement, on one hand, and internet companies and computer/telecommunication companies, on the other hand. The so-called electronic privacy agreements between the Internet/computer companies and suspects who commit crimes is the same as Stormy and the attorney. The Agreements drafted by Internet/Computer companies can be modified at will by the drafting parties e.g. Apple Computer routinely grants the Chinese government any access it wants. Consideration can be gone. Yet some Internet/Computer companies assert the right to keep secret the actions which may constitute an obstruction of justice; or they be aid the commission of the crime and be an ancillary after the fact; or they may interfere with an investigation, or they may lie to law enforcement. [When a person omits to disclose pertinent facts which are known or easily available to a person, individual or corporation, that is lying and may be a crime.] These omissions may arise in a number of circumstances: After a police shooting when the cops circle the wagons against investigators; when someone with foreign help (government or organization) commits a crime within this country; when an American kills another American and interposes an electronic privacy agreement.
Most Americans know what privacy is: home, family, talking. Benjamin Franklin warned (paraphrased) The only way a secret can be kept among three persons is for two of them to die. If something needs to be private don’t tell anyone. However, relying on agreements prepared by third parties which may not be executed, or is changed or violated at the whim of the drafting party, means there is no privacy at all.