I'm on the fence about whether Justin's cache of Steem is private or not.

Most people are. For me, the main point is they keep mentioning their non-disclosure agreement. They are abusing this term to avoid transparent discussions. It's their right, but what outcome did they expect. There is definitely no smoking gun on either side to win a moral victory. The main issue is what would be accepted as a legal document? Which legal authority does any of this come under? I certainly don't want to be bound by the rules of the USA or China or EU when I act on Steem.