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SMS Ruling Sets New Trend |
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Written by Michael Wechsler
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Monday, 23 June 2008 |
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Oh those Californian Trendsetters! On June 18, 2008 the U.S Circuit Court of Appeals, in Quon v. Arch Wireless Operating (03 CV 00199) ruled that an employee had a reasonable expectation of privacy, under the 4th Amendment, in his or her text-messaging, even if the employer, here the Ontario Police Department and the City of Ontario, flips the bill for the test-messaging service. The Court reasoned that the SMS-provider needed permission from either the sender or receiver before disclosing information pursuant to the Stored Communication Act §§ 2701-2711 (1986). Here, the City did not have a clear policy on text-messaging specifically but had a general computer and email policy in place. I can just see all the corporate legal eagles revising corporate policies as we speak! Download the Case Here
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