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Confidentiality was always an important part of the joint drug agreement, but enforcement hasn't always been up to snuff.

When the Major League Baseball Players' Association agreed in 2003 to a "survey" round of drug testing in order to gage how widespread the use of steroids and other performance enhancing drugs was, they did so with the assurances that the tests and the results would remain confidential. It was a good-faith effort on the players' part to show their openness to battling the steroid problem everyone (namely Congress) felt was ruining baseball.

The samples provided by the players were to remain coded, with a key to that code kept separate and away from the specimens (one in Long Beach and one in Las Vegas). Eventually, the two pieces were to be destroyed. Before that could be done, however, the specimens and the list were subpoenaed and seized by the U.S. Attorney's office. Players were upset. Not only had their confidence been betrayed, but the evidence hadn't been destroyed in the agreed-upon time frame, and now the players themselves could potentially be subpoenaed and compelled to speak to prosecutors.

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