An agent attends a conference where officers of publicly held companies give talks about their companies to increase investor awareness and to put a "positive face" on the company for the investing public. while taking a break from the lectures, the agent overhears an officer of a company, who is next up to give a speech, talking on his cell phone in the hotel lobby, where he says: "you are telling me that we have just received a wells notice from the sec! " the agent knows that this is new information that is not public. the agent would be permitted to: