What are ephemeral messages?
Messages once sent that are auto-deleted after a certain period of time are called ephemeral messages. Instant messaging applications like WhatsApp, WeChat, Telegram, Signal, and many others offer ephemeral messaging. Usually, the recipient would be required to delete any message. But, while using the ephemeral messaging feature, the recipient need not delete the message manually. The time limit set in the IM application will decide how long a message will be displayed. A third person cannot access these deleted messages, since they are not stored anywhere. Considering these facts, the ephemeral messaging feature offers a secure instant messaging solution for the user.
But when looking from a compliance point of view, ephemeral messaging is a serious risk. Consider a scenario where two parties are engaged in a trade-related communication in an IM application that supports ephemeral messaging, and one party decides to delete a trade-relevant message. If in any case, the person who sought to delete the message performs any malpractice, then the other person will not be able to prove this malpractice since the message is not stored anywhere.
FCPA Corporate Enforcement Policy and Its Revision
The United States Department of Justice (DOJ) first issued the FCPA Corporate Enforcement Policy in November 2017. During its introduction, the policy was applicable for FCPA violations only. But later on, all white-collar matters that were being handled by the criminal division were brought under this policy. The Corporate Enforcement Policy aimed to encourage companies to come forward and disclose all misconducts on matters of FCPA. The key requirements of the policy from companies were: “voluntary self-disclosure”, “full cooperation”, and “timely and appropriate remediation”’ in FCPA matters.
Through the policy, the DOJ made strict instructions on the usage of communication applications by the employees. DOJ demanded companies to retain business records and discouraged the destruction or deletion of these business records. Specific mention was made on the prohibition of any software that generates business records or communication but fails in their retention. This statement clearly indicates the restriction of IM applications that support ephemeral messaging, like WhatsApp, WeChat, Viber, Telegram, Signal, etc. WhatsApp users can delete their conversation within two minutes of sending it. The recall feature in WeChat also allows a user to delete a message that has already been sent. The time limit for the recall feature is also two minutes. Interestingly applications like WhatsApp, Signal, and Telegram allow their users to send self-destructing messages that are deleted automatically after a preset time.
The importance of the Corporate Enforcement Policy is better understood while considering the facts mentioned above. Ephemeral messaging is a hard nut to crack when seen from a compliance point of view. Improper handling of business communication can lead to serious compliance issues. Strict compliance with this policy is difficult as most employees and customers use these IM applications. Confusions still existed among firms on whether to prohibit the usage of these applications or to design and implement a risk-based approach over the messaging applications, specific to the company’s requirements.
Revised Corporate Enforcement Policy
In the wake of such confusions, and to clear its stance on certain other matters, the DOJ introduced updates to the FCPA Corporate Enforcement Policy in March 2019. The updated policy recommends that a company’s investigation must not conflict with witness interviews. The policy’s applicability during mergers and acquisitions and matters regarding the information provided by the companies about individual wrongdoers are also specified in the new update. But the major update in the policy will be the DOJ’s stance on the usage of ephemeral messaging applications by companies.
With the updated policy, the DOJ allows companies to use applications that support ephemeral messaging. But the companies are bound to implement the necessary guidelines required to control the use of personal communications and ephemeral messaging platforms. Hence, the companies are required to frame adequate procedures to preserve business records. The companies must also train their employees on these procedures.
The updated instruction from DOJ makes it clear that the companies must use a tool that provides them a secure instant messaging solution, which allows them to monitor phone calls and record mobile messages. The same tool must also perform activities like WhatsApp recording, WeChat recording, WhatsApp archiving, and WeChat archiving so that communication compliance can be ensured. The use of other IM applications that support ephemeral messaging, such as Viber, Signal, and Telegram, has also increased lately. Failure to take proper precautions to achieve communication compliance may attract severe penalties in the future. Hence it is wise to invest in a software tool that supports secure enterprise instant messaging.
TeleMessage offers solutions for capturing and retaining all conversations through WhatsApp and WeChat. WhatsApp Archiver and WeChat Archiver by TeleMessage can solve your ephemeral message confusion. Auto deleted and manually deleted conversations through WhatsApp and WeChat are also captured and retained by our archiving tools. Hence no conversation is left unrecorded, thereby ensuring regulatory compliance. Following the recent trend in the shift of users to Signal and Telegram, we are also on the path of developing archiving solutions for Signal and Telegram.
About TeleMessage
TeleMessage captures and retains mobile content, including mobile SMS messages, voice calls, and WeChat conversations from corporate or BYOD mobile phones to ensure compliance with various data protection regulations. The messages are securely and reliably retained within TeleMessage servers or forwarded to your choice archiving data storage vendor.
Our mobile archiving products securely record content from mobile carriers and mobile devices for various ownership models (BYOD, CYOD, and employer-issued). With our multiple archiving solutions, you can always find the right tools or blend for your requirements:
- Network Archiver
- Enterprise Number Archiver
- Android Archiver
- WhatsApp Archiver
- WeChat Archiver
- Telegram Archiver
- Signal Archiver
TeleMessage offers cross-carrier and international mobile text & calls archiving for corporate and BYOD phones. Visit our website at www.telemessage.com to learn more about our mobile archiving products.
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