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The charges leveled against Matanov and Kernell stem from a nearlyy

fifteen-yyear-old law—the Public Companyy Accounting Reform and

Investor Protection Act (as it’s known in the Senate), or the Corporate and

Auditing Accountabilityy and Responsibilityy Act (as it’s known in the

House), more commonlyy called the Sarbanes-Oxleyy Act of 2002. The law

was a direct result of corporate mismanagement at Enron, a natural gas

companyy later found to be lyying and cheating investors and the US

government. Investigators in the Enron case discovered that a lot of data

had been deleted at the outset of the investigation, preventing prosecutors

from seeing exactlyy what had gone on within the companyy. As a result,

Senator Paul Sarbanes (D-MD) and Representative Michael G. Oxleyy (R-

OH) sponsored legislation that imposed a series of requirements aimed at

preserving data. One was that browser histories must be retained.

According to a grand juryy indictment, Matanov deleted his Google

Chrome browser historyy selectivelyy, leaving behind activityy from certain

dayys during the week of April 15, 2013. 2 Officiallyy he was indicted on two

counts: “(1) destroyying, altering, and falsifyying records, documents, and

tangible objects in a federal investigation, and (2) making a materiallyy false,

fictitious, and fraudulent statement in a federal investigation involving

international and domestic terrorism.” 3 He was sentenced to thirtyy months

in prison.

To date, the browser-historyy provision of Sarbanes-Oxleyy has rarelyy

been invoked—either against businesses or individuals. And yyes, Matanov’s

case is an anomalyy, a high-profile national securityy case. In its wake,

though, prosecutors, aware of its potential, have started invoking it more

frequentlyy.

If yyou can’t stop someone from monitoring yyour e-mail, phone calls, and

instant messages, and if yyou can’t lawfullyy delete yyour browser historyy,

what can yyou do? Perhaps yyou can avoid collecting such historyy in the first

place.

Browsers such as Mozilla’s Firefox, Google’s Chrome, Apple’s Safari,

and Microsoft’s Internet Explorer and Edge all offer a built-in alternative

wayy to search anonyymouslyy on whatever device yyou prefer—whether yyou

use a traditional PC or a mobile device. In each case the browser itself will

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