Record keeping rules might need a tweak to ensure content is preserved
The United States Department of Justice is considering new guidelines for how businesses use messaging apps, so that they’re not employed as a back channel to hide corrupt behavior.
The DoJ’s interest in messaging apps was first stated in a September 2022 memorandum [PDF] on Corporate Criminal Enforcement Policies penned by deputy attorney general Lisa Monaco.
In that document, Monaco called for US organizations to implement «effective policies and procedures governing the use of personal devices and third-party messaging platforms to ensure that business-related electronic data and communications are preserved» so they are available during criminal investigations.
A Thursday speech by acting principal deputy assistant attorney-general Nicole M Argentieri at the 39th International Conference on the Foreign Corrupt Practices Act (FCPA) hinted that proving compliance with the law may soon include similar requirements for messaging apps. The Act is the USA’s legal instrument to prevent citizens and entities bribing foreign officials.
Argentieri’s speech mostly concerned how the DoJ and its foreign partners police the Act.
