How Tech Cos. Can Guard Against DOJ Gag Orders

By Kellen Dwyer and Kim Peretti (July 22, 2021, 4:59 PM EDT) -- A company that receives a gag order from a federal magistrate used to face a very easy choice: Comply or risk being held in contempt. It is therefore unsurprising that most companies have reflexively complied with gag orders and that prosecutors, facing little resistance from courts or companies, have sought such orders almost as a matter of course.

But that is all changing. Companies now have to worry about complying, not just with U.S. legal process, but with worldwide data privacy regulations.

Europe, in particular, has taken aim at U.S. gag orders. The European Commission recently approved standard contractual clauses, or...

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