Ephemeral and Encrypted Messaging: DOJ Expectations, Compliance Risks, and Best Practices

This article explores DOJ’s expectations for preservation and accessibility of communications on third-party and ephemeral messaging tools, as set forth in various speeches, policy memos, and guidance; identifies key compliance risks associated with third-party communication platforms; and outlines practical considerations and best practices for companies seeking to align their policies with regulatory expectations.

By Megan Gerking, Joe Folio, Haydn Forrest & Adrienne Irmer[1]

I.