The next time you pick up that car phone to conduct last-minute business on the way to the airport, take a second to consider whether it would matter if your conversation were overheard by an AT&T executive, or some other third party. Unless both parties are using encryption or scrambling devices, wireless communications are not secure. They may be intercepted and listened to, either intentionally or accidentally.

Although it is illegal to intercept, publish or use a cellular or other wireless communication without the consent of either one or both parties to the communication (depending on state law), there now are many well-publicized episodes of “personal” communications creating fertile fodder for the supermarket tabloids or being used to the detriment of the unknowing participants to the conversation. 

From our perspective, there are at least two major areas of concern with the security of wireless communications. First, as a general business matter, we need to ensure that any sensitive corporate information is not shared with the outside world unintentionally. Also, as a legal matter, it is likely that because they are susceptible to easy interception, wireless communications that otherwise would be shielded from disclosure by the attorney-client privilege would not be accorded this protection. 

While the contents of your business calls might not be juicy enough to merit headlines on the front page of the National Enquirer, unintentional disclosure could prove damaging to your competitive position in the marketplace. Likewise, unintentional disclosure could compromise your position in critical potential litigation. 

By incorporating simple measures into your routine, you can reduce potential risks to Corporate:

Make a conscious effort to limit your use of wireless communications devices to discussion of issues that are not sensitive;

At the beginning of your wireless calls, advise the other party that you are using a wireless device and that he or she should appropriately limit the discussion; and

When in doubt about the sensitivity of the information you may be discussing, err on the side of caution and do not discuss it over wireless devices.  Don’t let the ease and convenience of your wireless communications devices lure you into the trap of needlessly compromising the integrity of sensitive corporate information.

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