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10 Case W. Res. J.L. Tech. & Internet [i] (2019)

handle is hein.journals/caswestres10 and id is 1 raw text is: JOURNAL OF LAW, TECHNOLOGY & THE INTERNET - VOLUME 10 -ISSUE 1 . 2019 KILLER APPs: VANISHING MESSAGES, ENCRYPTED COMMUNICATIONS, AND CHALLENGES TO FREEDOM OF INFORMATION LAWS WHEN PUBLIC OFFICIALS Go DARK Dr. Daxton R. Stewart' ABSTRACT Government officials such as White House staffers and the Missouri governor have been communicating among themselves and leaking to journalists using apps such as Signal and Confide, which allow users to encrypt messages or to make them vanish after they are received. By using these apps, government officials are going dark by avoiding detection of their communications in a way that undercuts freedom of information laws. This article explores the challenges presented by government employee use of encrypted and ephemeral messaging apps by examining three policy approaches: (1) banning use of the apps, (2) enhancing existing archiving and record-keeping practices, or (3) legislatively expanding quasi-government body definitions. Each of these approaches will be analyzed as potential ways to manage the threat presented by killer apps to open records laws. Keywords: government, encryption, messaging, freedom of information, record- keeping, communication, privacy I Ph.D., J.D., LL.M., Professor at Texas Christian University.

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