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"Quon v. Arch Wireless Operating Co., Inc." - Check Your Monitoring Policy Now.

Publication: Mondaq Business Briefing
Publication Date: 08-JUL-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: "Quon v. Arch Wireless Operating Co., Inc." - Check Your Monitoring Policy Now.(Electronic Communications Privacy Act)

Article Excerpt
The Ninth Circuit recently interpreted the Stored Communications Act in the context of text messaging. The decision has broad implications for employers and others who monitor electronic communications, and also addresses the impact of public record laws on electronic monitoring. The Quon case arose from the monitoring of employee communications on police department-provided cell phones. The employees, police officers in this case, used department-provided cell phones in the course and scope of their employment, and also allegedly used them for personal use, including sending sexually-explicit messages. The department had a policy of monitoring e-mail and other forms of communications, and also banned personal use of systems, but the policies did not explicitly cover text messaging. There were later meetings where the department...

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