Shhh - the Internet is listening: Has technology eroded Attorney-Client Privilege and what can You do about it?

Abstract

The year 1912 marked the first time that mail was delivered by airplane. Now, 100 years later, mail is sent with the click of a button, instantly delivered to a designated recipient. The advent of the Internet and its global immersion has rapidly changed the means by which society communicates. Communications that were once personalized in handwritten notes and materialized through poetic phrases has evolved into a culture of electronic communication shortened by acronyms such as “LOL,” “TTYL,” and “BTW.” With almost 2.3 billion Internet users, communication through electronic media has become commonplace, with each message transmitted nonchalantly through cyberspace. The casual nature of the Internet has disguised significant concerns associated with its use. In the instance, when a message is sent from one device to another, a user is unaware of its locality, security and longevity. Many users, in fact, are ignorant to issues of privacy and data protection that consistently threaten the confidentiality of personal information. These technological threats do not only affect individual users, but also create adverse consequences for some of the most powerful companies in the world. Communications that once received protection through traditional doctrines such as attorney-client privilege are now susceptible to disclosure, forcing companies worldwide to reevaluate the applicable safeguards in electronic transmissions that could fail to adequately protect confidential information.