BOLO! Just Because Your Mute Button is On Does Not Mean That Others Can’t Hear You!

Just because your mute button is on does not mean others can’t listen in on your private or privileged conversations…

Researchers at the University of Wisconsin-Madison have apparently reviewed a variety of videoconferencing apps to discover that despite a user “hitting the mute button”, the platform still records voices. The problem appears to be across all platforms – iOS, Windows, Mac, Android.  While the paper has not yet been published, it has been given some credibility given the authors “will present their results at the Privacy Enhancing Technologies Symposium in July.”  But should lawyers care either way?

A salacious but knowledgeable party could attempt to retrieve this data from a platform and use private and confidential conversations to their advantage:  Imagine a client talking to his attorney while on a break during a virtual hearing or while in a virtual caucus room.  It's easy to cover your webcam if you want to make sure people don’t see you.  But, it’s not always that easy or as obvious to cover a mic so others can’t listen to your private conversations.

Make sure your virtual meetings can’t be heard by third-parties!

Granted, if you don’t want someone to hear something, don’t say it.  (Along the same lines if you don’t want someone to read something either don’t write it down or e-mail it).  But in order for clients to get the best representation from their attorneys and for attorneys to do their job, communication free from intrusion is sacrosanct.

An attorney always looks around and makes sure their client cannot be overheard when the client wants to share something privileged with the attorney.  Now, you need to consider your electronic devices too!