In the News Press Release

White Collar 'Goes Dark' With Rise Of Secret Messaging Apps

September 20, 2017

Jed Davis was quoted in an article, "White Collar 'Goes Dark' With Rise Of Secret Messaging Apps," published in Law360. As the article discusses, the rise in encrypted messaging apps and other new technology may challenge police and prosecutors, who have grown accustomed to harvesting damning evidence from email and other electronic communications of white collar suspects. Davis, a former federal cybercrimes prosecutor, noted that the government is not without options when it comes to impediments posed by encrypted apps. An app may be secure, but the government sometimes has means to compromise the app by compromising the device running it, Davis told Law360. According to the article, the rise of encrypted messaging apps also raises the question to what extent, if any, the app developers would have to cooperate with law enforcement or provide them with access to the technology in the face of a court order. "Some of this points to the fact that our statutes are very old, and there has not been a resolution on the part of Congress or any other sort of legislative authority to decide what you do with these new challenges — that's the open question," Davis said.

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