Communications Monitoring In Quon V. Arch Wireless

Law360, New York (July 23, 2008, 12:00 AM EDT) -- Last month, the Ninth Circuit Court of Appeals held that employees have a reasonable expectation of privacy in the content of text messages received or sent via employer-issued pagers. (Quon v. ArchWireless Operating Co. Inc. 529 F.3d 892 (9th Cir. 2008).)

The Ninth Circuit also ruled that the employer’s text message provider, Arch Wireless, violated the Federal Stored Communications Act, finding that it was an electronic communications service, and thus, it could not release the private data without the lawful consent of either the sender or...
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