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Article: Employee Text Messages Are Not Inviolate: Understanding And Navigating The Ninth Circuit's Decision In Quon V. Arch Wireless Operating Company.
- Article from:
- Mondaq Business Briefing
- Article date:
- July 10, 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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The headlines proclaiming the end of employer monitoring have vastly overstated the impact on the workplace of the Ninth Circuit's ruling in Quon v. Arch Wireless Operating Company. To be sure, the case holds that the Stored Communications Act prohibits third-party service providers, such as text message services and Internet service providers, from disclosing stored electronic communications without the consent of the employee who sends or receives the communication, even if the employee is using employer-provided equipment and the employer pays for the service. Nonetheless, and as explained more fully below, employers can easily and lawfully navigate this ...