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Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages

If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention. A seldom used doctrine allows prosecutors to charge executives with misdemeanor offenses just for being in the position of power when others commit the misconduct. Rather than take a wait-and-see approach, companies and their leaders would do well to prepare for prosecutors to reach deep into their toolbox.

7 minute read February 01, 2023 at 12:07 AM
By
Andrey Spektor and Laura S. Perlov
Regulators Reaching Deep In Their Toolbox to Prosecute Users of Encrypted Messages

If you use Whatsapp or similar platforms for work-related communications, then you've probably heard that regulators are putting an end to that practice. Ephemeral and encrypted messaging, they have noted, evades monitoring and prevents retention.

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