News recently broke that a top-secret document, obtained by the former National Security Agency contractor Edward Snowden, showed that the Australian government monitored communications between the government of Indonesia and its U.S. lawyers. In the wake of the story, some U.S. law firms issued strong statements indicating their defenses against such monitoring are strong and that they will continue to do everything they can to protect the confidentiality of communications with clients.
However, as Corporate America has already learned, there is only so much they can do. With government monitoring and other breaches inevitable, U.S. law firms should focus their collective attention on the fact that it is in their interests and their clients’ interests for the U.S. government to develop better safeguards to protect the confidentiality of government-intercepted attorney-client communication.
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