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Article: Fourth Amendment Protection Extends To Electronic Messages On Employer Owned Devices Ninth Circuit Rules.(Quon v. Arch Wireless Oper. Co)(Reprint)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- June 30, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published June 26, 2008
Keywords: Quon, Arch Wireless Oper. Co., unlawful search and seizure, email, text messages, employer-owned devices, Stored Communications Act, SCA, privacy, Fourth Amendment
In a unanimous three-judge panel decision, Quon v. Arch Wireless Oper. Co., Inc., No. 07-55282, (9th Cir. June, 18 2008), the Ninth Circuit ruled that the Fourth Amendment, which prohibits unlawful search and seizure, applies to email and text messages on employer-owned devices. While private employers are not subject to the Fourth Amendment, similar standards for reasonable expectation of privacy may apply. The Ninth Circuit ruling applies ...