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> Prosecutors also charged the two executives with ....... and obstructing justice by .... and using encrypted messaging programs to limit scrutiny of their act

> Prosecutors also charged the two executives with ....... and obstructing justice by .... and using encrypted messaging programs to limit scrutiny of their actions. So, is using encrypted messaging illegal or not? I get that if the court orders you to keep records and you take actions to avoid leaving records, that has been considered obstruction of justice. But the article doesn't say anything about them being ordered to keep records before their arrest.

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pvg 2y ago
It's clearer in the DOJ writeup at https://www.justice.gov/opa/pr/founderceo-and-clinical-president-digital-health-company-arrested-100m-adderall-distribution https://www.justice.gov/opa/pr/founderceo-and-clinical-presi... "The indictment also alleges that He and Brody conspired to obstruct justice after a grand jury subpoena was issued to another telehealth company and in anticipation of a subpoena being issued to Done, including by deleting documents and communications, using encrypted messaging platforms instead of company email, and ultimately failing to produce documents in response to a subpoena issued to Done by a federal grand jury."
aaronmdjones 2y ago
> So, is using encrypted messaging illegal or not? It depends what you're using it for. Several encrypted messaging programs offer the option of auto-deleting messages, in which case using that program and feature, or using that program without that feature but then refusing to divulge the communications when asked, while discussing certain business matters or arriving at business decisions, would be a violation of at least that state's implementation (if any) of the Uniform Preservation of Private Business Records Act. Many other state and federal requirements apply depending on the circumstances; for example, HIPAA requires retention of any medical information or information used in evaluating medical decisions for a period of 6 years.

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pvg 2y ago

It's clearer in the DOJ writeup at https://www.justice.gov/opa/pr/founderceo-and-clinical-president-digital-health-company-arrested-100m-adderall-distribution https://www.justice.gov/opa/pr/founderceo-and-clinical-presi... "The indictment also alleges that He and Brody conspired to obstruct justice after a grand jury subpoena was issued to another telehealth company and in anticipation of a subpoena being issued to Done, including by deleting documents and communications, using encrypted messaging platforms instead of company email, and ultimately failing to produce documents in response to a subpoena issued to Done by a federal grand jury."

aaronmdjones 2y ago

> So, is using encrypted messaging illegal or not? It depends what you're using it for. Several encrypted messaging programs offer the option of auto-deleting messages, in which case using that program and feature, or using that program without that feature but then refusing to divulge the communications when asked, while discussing certain business matters or arriving at business decisions, would be a violation of at least that state's implementation (if any) of the Uniform Preservation of Private Business Records Act. Many other state and federal requirements apply depending on the circumstances; for example, HIPAA requires retention of any medical information or information used in evaluating medical decisions for a period of 6 years.