Corporate compliance chiefs and general counsel are bombarding outside attorneys with questions about how to design a policy to retain employee messaging on encrypted software, white-collar lawyers say.
The intensifying dilemma for companies is fueled by recently stepped up Justice Department pressure in white collar investigations to produce encrypted chats on apps like Signal and WhatsApp. The enforcement push follows a wave of civil settlements on Wall Street over bankers’ inaccessible messages.
Clear solutions remain elusive. A DOJ policy announced March 3 directed prosecutors to levy steeper penalties against firms under investigation that are unable to preserve workers’ business-related messages.
Source: DOJ Crackdown Prompts Compliance Scramble on WhatsApp, Signal