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    Aug. 19, 2026

The Next Saga in the End-to-End Encryption Debate: When the Cure Becomes the Crisis

A landmark New Mexico verdict against Meta is reshaping the debate over end-to-end encryption (E2EE), raising questions about whether platforms that serve minors can continue to defend encryption as a default feature. In this guest article, Crowell & Moring attorneys Rajeev Raghavan, Matthew Ferraro, Joanna Rosen Forster and Emily Welsch examine how E2EE became a central issue in the litigation, the growing regulatory and political pressure on encrypted services, and arguments advanced by state AGs, lawmakers and child-safety advocates. It also explores the operational, legal and compliance considerations organizations may need to weigh when evaluating the future of E2EE, from content moderation and law enforcement requests to privacy obligations and AI-generated harms. The analysis offers a timely look at how encryption decisions are increasingly being scrutinized through the lens of platform safety and risk management. See our three-part series on the keys to encryption: “Uses and Implementation Challenges” (Mar. 4, 2020), “Legal and Regulatory Framework” (Mar. 11, 2020), and “Effective Policies, Legal’s Role and Third Parties” (Mar. 18, 2020).

What the Delaware and New Jersey Privacy Law Amendments Mean for Compliance

Just a few years after enacting comprehensive privacy laws, New Jersey and Delaware’s legislatures are already revising them, illustrating how quickly the state privacy landscape continues to evolve. Although the amendments have little in common substantively, they signal a shift toward more prescriptive requirements and heightened scrutiny of data practices. This article examines distinctive aspects of these two amendments, the compliance challenges that they pose and enforcement trends. It also offers practical compliance tips for companies, with insights from Hintze, Covington & Burling and Anderson Kreiger. See “Vermont’s Stringent Privacy Law and Louisiana’s Fast Compliance Timeline Amplify Enforcement Risk” (Jun. 24, 2026).

Compliance Reps and Warranties: Verification and Enforcement

The effectiveness of compliance representations and warranties depends not only on how they are drafted but also on how they are monitored and enforced. Without meaningful verification, compliance assurances may fail to identify underlying legal and regulatory risks. This third article in a series on representations and warranties examines the diligence, auditing, monitoring and enforcement mechanisms of companies. Parts one and two addressed the relevance, lifespan and negotiations of compliance representations and warranties. The final installment will cover changes that should be made to these provisions as risks shift. See our two-part series on how to maintain effective and secure long-term vendor relationships: “Understanding the Risks” (Jun. 20, 2018), and “Finding and Addressing the Issues” (Jun. 27, 2018).

Pillsbury Welcomes Katie Sluss As Partner and Co‑Lead of New Emerging Technology Practice

Pillsbury has welcomed technology regulatory and litigation strategist Katie Sluss as a partner and co-lead of the firm’s newly launched technology – emerging laws and litigation practice in Washington, D.C. She arrives from TikTok. For insights from Pillsbury, see “Compliance Reps and Warranties: Definitions and Goals” (Aug. 5, 2026); and “Breaking Down the Trump AI Executive Order and Its Implications for the Private Sector” (Jul. 8, 2026).

Privacy and Data Protection Lawyer Joins Jones Day in Atlanta

John Brigagliano has joined Jones Day’s Atlanta office as of counsel in its cybersecurity, privacy and data protection practice. He arrives from Kilpatrick Townsend & Stockton. For insights from Jones Day, see “Disney Settlement Offers a Playbook for CA AG’s Opt-Out Expectations” (Mar. 11, 2026); and “New Duties Around Pseudonymized Data After E.U. Court Decision” (Oct. 15, 2025).

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