1. Evan Brown

    Ben: Definitely. I didn't emphasize in the post (though I should have) that the court found the reasonable expectation of privacy to come from the representations the employer made, i.e., that it wouldn't search the messages so long as Quon paid the overages. If the situation was contrary to that, and the employer had made it clear all were subject to search, the holding would have been different.

  2. would the ruling in the Qoun case apply had the employer been a private entity as opposed to a police department noting the implications of such distinctions under the 4th amendment?

  3. gnome

    In Detroit, the Mayor and his Chief of Staff have been charged with perjury after text-messages revealed that they had indeed fired two Police Officers who had been investigating the rumor of a wild party at the mayor's mansion.

    According to llocal legend, the mayor had "dancers" at his Mansion; the dancers happened to turn up dead a couple of months later.

    Mayor and Cheif of Staff testified at a "wrongful discharge" trial that they had only re-assigned the Police Officers.

    After the trial eneded, the Detroit Free Press got their hands on copies of text messages which revieled that not only did the Mayor and Chief of staff indeed fire the Cops for stiffing around the "Party" but that the Mayor and Chief of Staff had been knocking boots.

    The Mayor and Chief of Staff are arguing that the Text-Messages between them are in fact private, even though they were sent on city-owned pagers during business hours.

    Have you been following the case?

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