Since WikiLeaks first came to global prominence in 2010, an increasing number of vigilantes, activists, and allegedly even state actors have obtained and published large troves of information that were never meant for public consumption. Earlier in 2016, the Panama Papers leak revealed how a Panamanian law firm created complex structures of questionable legality to enable its clients to secrete funds around the globe. This past fall, hacked emails obtained by WikiLeaks generated daily headlines in the run-up to the presidential election.
The documents contained in these leaks have no doubt piqued the interest of prosecutors and even civil plaintiffs’ lawyers. However, there are significant legal and ethical pitfalls in taking information illegally obtained by hackers and using it in litigation, whether criminal or civil.
Criminal Prosecutions
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