Tuesday, January 26, 2010

Supreme Court to examine employees' Fourth Amendment privacy rights in text messages

"This year, the Supreme Court will examine a number of complex and potentially important issues concerning employees' Fourth Amendment privacy rights in messages sent and received using employer-issued digital communications equipment and the employer's rights to conduct searches of related records for reasonable purposes. By taking review of the Ninth Circuit's decision in Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892 (9th Cir. 2008), the court has an opportunity to clarify the workplace search rules addressed two decades ago in O'Connor v. Ortega, 480 U.S. 709 (1987), and bring its Fourth Amendment teaching into the digital age (Sup. Ct. Dkt. No. 08-1332, review granted Dec. 14. 2009). Employers and employees both will want to keep an eye on this one."    
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