Analysis

Is Ephemeral Messaging an Evidence Foul? Not Necessarily

Uber is in the hot seat for its use of messaging apps such as Wickr with self-destruct features. But legal experts say evidence rules don't preclude such tools, and Wickr's CEO warns against "stigmatizing" information security.

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SAN FRANCISCO — The latest curveball in Waymo’s trade secrets lawsuit against rival Uber was the disclosure that employees at the ride-hail giant routinely used such messaging apps as Wickr and Telegram, where communications can be set to self-destruct. It’s one of the main reasons the trial, originally set to start Dec. 4, has been delayed until February.

Waymo has (perhaps unsurprisingly) made much of the revelation, which could add force to its prior claims that Uber intentionally destroyed evidence before and during the litigation. But even Uber’s new CEO seemed to suggest that the use of such apps was inappropriate when he took to Twitter to announce that he had put a stop to their use in September.

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Ben Hancock

Ben Hancock

Ben Hancock is the Data Editor for ALM Media and Law.com. He is based in San Francisco.

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