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The International Encryption Debate: Privacy Versus Big Brother
Many governments, including the United States, are attempting to restrict the use of encryption services like WhatsApp and Snapchat to allow for a greater opportunity for surveillance. Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, in part because many communications are now memorialized forever, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
Turning the traditional concept of privacy on its head, governments appear to be positing that the totality of every individual's digital communications should be left open for scrutiny by government investigators in case some come to be suspected of wrongdoing at a later time. Not surprisingly, this Big-Brother-is-watching approach has met with resistance from public rights and civil liberty activists.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.