Ephemeral Messaging (Savannah)
Introduction
Ephemeral messaging is a form of digital communication that erases conversation histories between users, either by default or through settings. Various applications use different terminology to describe the disappearance or deletion of the conversations, but the result is the same: “the message is either deleted permanently, no longer exists, or can no longer be accessed, read, or otherwise preserved, screenshotted, or shared by the sender or the recipient” (DLA Piper). There is a difference between end-to-end encryption and ephemeral protections. End-to-end encryption is specifically intended to prevent third parties from monitoring conversations (i.e. Apple’s iMessages). Again, ephemeral messages are deleted over a specific time period or when they are viewed. Some applications offer both securities.
The first form of ephemeral communication was introduced by Snapchat in 2011. Since then, the presence and usage of these platforms has increased around the world. Ephemeral messaging has specifically expanded into the business community to address concerns of protecting sensitive data/information and hacking. Therefore, this form of communication offers its users a wide range of practical benefits, including increased privacy, security, anonymity, and data protection (DLA Piper). However, potential harms of this style of digital communication include: a potential increase of organized crime, regulatory violations, and litigation challenges.
Regulation
In the United States, some government agencies, such as the SEC, CFTC, FTC, and DOJ, have ‘spoken’ on the use of ephemeral messaging in the marketplace. The SEC Rule 17a-4(b)(4) requires broker-dealers to retain originals of communications for a minimum of three years; the documents for the first two years must be in an easily accessible place (Legal Information Institute). In September of 2022, the SEC announced that it had charged 15 brokers and one affiliated investment adviser for their failure to maintain and preserve electronic communications. For overall violations, the SEC has collected billions of dollars in fines.
The Commodities Future Trading Commission “regulates entities involved in the derivatives markets, such as futures commission merchants, swap execution facilities, derivatives clearing organizations, designated contract markets, and introducing brokers” (Paul Hastings). Section 4(s)(h)(1)(B) of the Commodity Exchange Act, as well as regulations 166.3 and 23.602, speaks on supervision requirements across business activities, including forms of communication. Essentially, “if a CFTC-regulated organization’s employees are conducting firm business via ephemeral messaging, away from the eyes of the entity and the CFTC, that organization may run afoul of CFTC regulations for failing to properly supervise its employees” (Paul Hastings).
In January 2024, the FTC and DOJ revised their Evaluation of Corporate Compliance guidelines, requiring the preservation of data from ephemeral messaging platforms (Financier Worldwide). A failure to do so would be treated as spoliation or criminal obstruction of justice (Thompson Hine).
Ephemeral Messaging Apps Designed for Business
Signal: The platform was created as a non-profit organization, free of charge for its millions of users. The application has end-to-end encryption, as well as being ephemeral by default and customizable by the user. It uses phone data connection to avoid SMS rates, and there are no advertisements or tracking. It is typically used on a smaller scale rather than for large corporation use. However, it does seem as if it is growing in popularity for good reasons.
Wickr: This platform was recently purchased by AWS. It offers end-to-end encryption and ephemeral options, as it is intended for large companies or government entities. Users can set timers on messages that can disappear if (not) opened/read, which could potentially pose issues for some business operations. Wickr does store necessary information, but that does not include messaging content. There are three available models: Wickr, WickrGov, and Wickr Enterprise with a choice of purchasable plans.
Session: This application offers end-to-end encryption and is ephemeral for its millions of users. To create an account, there is no need for a mobile number or email address, and the username can be an alias; the identities of those who are communicated with are protected. With that being said, a user would have to personally confirm the identity of who is being contacted, which could be inconvenient. Interestingly enough, Session uses onion requests, or messages sent through a decentralized onion routing network similar to Tor. The description of this platform made it seem the most ‘locked down’ in comparison but with likely more ‘obstacles’. Perhaps ensuring privacy comes with slightly more inconvenience.
Wire: Similar to others, this platform uses end-to-end encryption and its users can control ephemeral settings. Wire is intended for (big) businesses but has a government option. It offers free, SMB (teams up to 100 people), Enterprise (organizations greater than 100 people), and Partner (resellers, service providers, and integrators) plans. In addition, there are global “hot-spots” with thousands of individuals actively using this service. Communication is cloud-based, but the application discovered that many communicate through independent backends, which would create an extra level of privacy.
Personal Takeaway
Ephemeral messaging is increasing in popularity, as it is being used to perform business functions around the world. Businesses rely on the protections this form of communication promises to secure sensitive information and operations. However, the inputs from various government entities are important, as they help balance and implement a form of checks and balances. In essence, the enforcement helps mitigate/expose suspicious or illegal acts hidden by corporations, which supports a form of transparency. The marketplace values the benefits of security, anonymity, and protection that other platforms simply cannot provide. Until a more sophisticated form of virtual communication is introduced, ephemeral messaging is here to stay and expand, especially in the business world.
Works Cited
Deering, Jordan. Ephemeral messaging: Don’t assume the details are in the documents. DLA Piper, 20 December 2022. https://www.dlapiper.com/en-us/insights/publications/2022/12/ephemeral-messaging-dont-assume-the-details-are-in-the-documents
Legal Information Institute. 17 CFR § 240.17a-4 - Records to be preserved by certain exchange members, brokers and dealers. Cornell Law School. https://www.law.cornell.edu/cfr/text/17/240.17a-4
Session. Session FAQs. Session, 2026. https://getsession.org/faq
Signal, 2026. https://signal.org/#signal
Spafford, Michael L., Giunta, Tara K., Wilmot, Brian. Ephemeral Messaging at the Office: Avoiding Pitfalls and Establishing Best Practices. Paul Hastings, LLP, 7 October 2022. https://www.paulhastings.com/insights/client-alerts/ephemeral-messaging-at-the-office-avoiding-pitfalls-and-establishing-best
Summerfield, Richard. Ephemeral messaging–pros, cons and obstructing justice. Financier Worldwide: Financier Worldwide Magazine, January 2025. https://www.financierworldwide.com/ephemeral-messaging-pros-cons-and-obstructing-justice
Thompson Hine, LLP. Cutting No “Slack”: Ephemeral Messaging Creates Significant Enforcement Risks. Thompson Hine, LLP, 28 March 2024. https://www.thompsonhine.com/insights/cutting-no-slack-ephemeral-messaging-creates-significant-enforcement-risk/
Wickr. AWS Wickr FAQs. AWS, 2026. https://aws.amazon.com/wickr/faqs/
Wire, 2026. https://wire.com/en/
I think this is a classic example of the trade-off between convenience and privacy. I personally think ephemeral messaging can be annoying since I often forget what was said in a text chain, and it's nice to be able to go back and reread. However, there are cases where the information being exchanged is so sensitive that privacy outweighs convenience, such as in government contexts. On the other hand, there are cases where the public's need to know outweighs personal privacy, which you bring up with the SEC.
ReplyDeleteHaving both traditional encrypted chats, such as whatsapp, and ephemeral messaging can be useful for when privacy is important. Like Will said, it's not always necessary for communications to have that extra layer of security, so I think it'll fill the specific market but not a vast share of communications. What does concern me is business records and crimes related to fraud or illicit books. Sure, individual criminals can also benefit from this, but there are other ways to communicate as well. Government can monitor its branches, so the real issue lies with private corporations. At the end of the day though, this technology is not going to disappear (or should I say this technology is not ephemeral haha), and it's something that must be worked around as it is.
ReplyDeleteWhile ephemeral messaging increases privacy, security, anonymity, and data protection for users I agree with Will in that it can actually make life more inconvenient. I'm not sure I would advocate for a full shift to ephemeral messaging. Say a company was alerted about a potential privacy breach through an ephemeral messaging system, but chose not to act on it. Individuals who may then be affected by a subsequent data breach would have a much harder time arguing their case without any lasting proof to bring to court. I worry about the lack of transparency and accountability with this technology.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteI don't know if ephemeral messaging will grow or not. I feel like it provides a promise of temporary information sharing that can easily be violated by screenshots or other ways of saving the information without other users knowing. I believe this and the fact that certain government agencies may require years of storage for important business communications may discourage serious long term demand for the ephemeral component of these platforms. The encryption, dynamic number of users in chats, specific regulatory compliance, and messaging methods, however, could still prove valuable for businesses. All of this said, while I don't view the ephemeral components as being particularly valuable (although it's not up to me to determine and I could be wrong), I think the use of messaging apps providing different advantages is likely to grow.
ReplyDeleteI believe that ephemeral messaging is going to expand greatly in the coming years IF government regulation is nonexistent. The drawbacks that Savannah presents are real and true. As an avid user of these messaging sites, it is no surprise that these sites may potentially be used as ways to cover up shady or potentially illegal activities. However, I believe that the privacy concerns deeply outweigh the concerns. I believe that in the coming future, and with the advent of little to no privacy on technology and digital devices, businesses active in sensitive infrastructure will come to rely heavily on these messaging sites. As long as these messaging sites remain encrypted and protected from searches.
ReplyDeleteCarsen's screenshot comment raises a good point that ephemeral messaging doesn't guarantee privacy if the other member in a conversation is not cooperating. I don't think there should be specific regulation on the use of ephemeral messaging for businesses, for example, unless the business is already required by regulation to keep records for a certain amount of time, where normal SEC or other relevant regulations will apply. If both participants in a conversation don't want a record of the conversation to exist, they should have the right to do so, just as if they chose to hold the conversation by speaking in person, and if one participant would like to keep a record, they will be able to send messages on a non-ephemeral platform.
ReplyDeleteThe use of ephemeral messaging, without a doubt, has its pros and cons. As Savannah highlighted, there is yet a series of protection services and operational systems of regulation that must be considered as we continue to use ephemeral messaging in the future. I think that the use of ephemeral messaging is most likely going to grow among the private department of users (your average day-to-day individual), more so than within the business realm. With the amount of transparency and tracking that several services use, I think that people are going to be drawn to a more private platform that is more secure and discreet, like ephemeral messaging. On the contrary, I don't necessarily think that businesses will use it to a much greater extent because there's too much regulation that corporations must face for their own management purposes. Ephemeral messaging services don't comply with the need for logging conversations that serve great importance in the business place.
ReplyDelete