Privacy And Employer-Issued Electronic Devices

Law360, New York (June 3, 2009, 12:00 AM EDT) -- On June 18, 2008, the Ninth Circuit ruled in Quon v. Arch Wireless Operating Co. Inc. that employees have a reasonable expectation of privacy in the content of their text messages sent via employer-issued pagers.

Rehearing en banc was recently denied by the Ninth Circuit and a petition for certiorari was filed on April 27, 2009. Although this would be an interesting topic for the Supreme Court to review, we will not hold our collective breath.

Factual Background

Jeff Quon worked as a sergeant for the...
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