Signal-gate Unlocked:Striking the Balance Between Secure Communications and Legal Oversight in Government

Our guest Marisa chairs the White Collar, Government Investigations & Regulatory Compliance Practice Group at Benesch. A former state and federal prosecutor, she has successfully tried more than 15 complex criminal cases to verdict. Marisa handles a wide range of investigations, including bribery, corruption, Foreign Corrupt Practices Act (FCPA) violations, and high-stakes cybersecurity matters. She regularly advises companies and individuals facing civil or criminal investigations, guiding them through regulatory scrutiny and helping them develop proactive compliance strategies.

She’s recently authored client bulletins dissecting the so-called “Salt Typhoon” breaches and the conflicting or even contradictory stances taken by different U.S. agencies on secure communications—especially ephemeral messaging.  

This episode of The Lock & Key Lounge was initially slated to continue our discussion with Marisa on the advisability of using consumer E2EE apps like Signal for government communications, recent developments from 'Signal-gate' compel us to focus sharply on the serious legal and operational pitfalls exposed by such guidance. Today, we’ll delve into how these recommendations, aimed at bolstering operational security, clash with the intricate requirements of laws like the Presidential Records Act and broader operational security concerns that extend beyond mere encryption.