Updated DOJ Guidance on Devices and Ephemeral Messaging

On March 3, 2023, the Department of Justice (“DOJ”) issued long-awaited guidelines on how it will evaluate whether companies have implemented appropriate guidance and controls on the use of personal devices and third-party and ephemeral messaging platforms. That guidance allows for a fact-specific analysis rather than hard and fast rules — a welcome approach in this ubiquitous and ever-changing field. Yet the DOJ’s advice comes with a warning.