1. I directly contributed to the drafting of the motion to dismiss for that won this case. One of the things that you are overlooking is that DA never actually identified the email account which was purportedly accessed by my client. The DA’s accusatory instrument stated that the complainant used her employers computer ?for work-related purposes, including to access and use her personal e-mail?, which suggests that the personal e-mail account was not entirely personal, but a mixed used e-mail which included work-related e-mail transmissions–and indeed our records show that the complainant’s email was used in this manner. To the extent that the complainant used an e-mail account for work-related e-mail transmissions on a computer owned by the her employer, to that extent one must call into question whether any access thereof was truly unauthorized.

    This opinion does not deal a death knell to internet privacy in its entirety. It stands for the proposition that the concept of unauthorized access of a computer is unintelligible in the workplace when the computer is owned by the employer and internet access and transmission is provided by the employer. In such a context, there can be no “reasonable expectation of privacy” by an employee. Employees are on constructive notice–if not actual notice–that their internet usage is potentially being monitored–and rightfully so.

    This is a very context specific decision. Your analysis fails to recognize this.

  2. Actually, it mostly sounds like judges are simply giving up on the concept of internet privacy. And the thing about digital communications is that there’s a digital copy of everything that can eventually be accessed with the right passwords and protocol. Snail mail is starting to look better and better.

  3. John Dempsey

    I understand what Mr. Moccia is saying, but that’s not what the judgement is saying. I’m thankful to Mr. Brown for calling out this extreme view.

  4. charles

    What if?

    What if, employers created White List (of websites needed for employees to perform their jobs) and limited Internet access to the White List?

    What if, entertainment and webmail and other non-business related websites were blocked (at the router) so that “no employee” had access to other than the email provided for company business?

    This would be a different order of content management but nothing that is not already done within school systems to protect children from pedophiles.

    A “closed business system” used for business and not entertainment.

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