Amidst an unprecedented flurry of enforcement actions and fines levied by the SEC for off-channel communication violations, some firms have raised concerns that emojis and video conferencing platforms will be the next frontier for regulatory scrutiny. Although the current suite of technology solutions for monitoring, capturing, and retaining emojis and video communications remains imperfect, there are reasons for optimism – both in terms of potential risk mitigation opportunities and the forecast on regulatory enforcement. This second article in a two-part series identifies challenges that emojis and video communications present for firms attempting to record, retain and monitor those forms of technology, and offers advice on corresponding compliance efforts. The first article provided an overview of the SEC’s ongoing scrutiny of off-channel communications to date, and addressed why emojis and video communications may be areas targeted by the Commission and other regulators. See “SEC Penalizes Adviser for Failing to Preserve Off-Channel Communications” (Sep. 18, 2024).