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Recent Cases Emphasize the Need for Technology Use Policies.

Publication: Mondaq Business Briefing
Publication Date: 08-NOV-02 		Format: Online - approximately 1220 words
Delivery: Immediate Online Access
Full Article Title: Recent Cases Emphasize the Need for Technology Use Policies.(United States v. Slanina is discussed; matters that should be addressed by a company's policy are discussed)

Article Excerpt
By Catherine Fancher and Harvey Dunn

Originally published in April 2002

On February 21, 2002, the Fifth Circuit handed down its decision in United States v. Slanina, ___F.3d___, 2002 WL 247141 (5th Cir. (Tex.)) (No. 00-20926). Slanina was a city fire marshall. His supervisors confiscated his office computer after they accidentally discovered e-pornography on that computer during a network installation. Slanina was convicted in a criminal prosecution arising out of those materials. One of Slanina's contentions in appealing his conviction was that he had a reasonable expectation of privacy in the materials stored on his city-owned office computer. Significantly, the city had never disseminated a policy that prevented storage of personal information on city computers or informed city employees that their Internet usage could be monitored. Accordingly, the court held that Slanina's expectation of privacy regarding his computer usage was reasonable.

The day after the Fifth Circuit decided the Slanina case, the U.S. Court of Appeals for the Tenth Circuit handed down its opinion in United States v. Angevine, 281 F. 3d 1130 (10th Cir. (Okla.) February 22, 2002). Angevine was a...

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