That's the loophole that the CEO of WholeFoods tried to use.
Of course, he was commenting about material company-oriented information on Yahooie Flumox, as well as where he and his wife went on vacation. He tried to use the argument that it was like being in a neighborhood bar, and he should be able to discuss what he wants online.
He paid a huge fine, and got his hand slapped, AND lost the dual CEO/Chairman job over it, if I remember right.