The Supreme Court talks about an employee’s right to private sexting

[cory777]

Source: True/Slant

Today, the Supreme Court heard the case of the California SWAT officer who sued the city of Ontario for violation of his privacy after his employer reviewed the messages he sent on his work-issued pager. He had been using the pager for personal text messages — notably for steamy SMSes to his estranged wife and to his girlfriend with whom he worked. (More background here.)

At first glance, the case might seem like an easy one. Of course the police department has the right to look at messages sent on an officer’s work pager, right?

But then think about it in your own context. Do you assume that your employer is reviewing every text you send from your work phone? Is it fair for your employer to look at every email that goes out from your work computer? Does it matter whether it’s going from your work account or your personal gmail account?

This case is made more complicated because there were oral agreements between the SWAT officer and his lieutenant that the messages would remain private as long as he paid any overage fees for messages exceeding those allowed by his work plan. He regularly exceeded those limits and paid up.

Read more: http://trueslant.com/KashmirHill/2010/04/19/the-supreme-court-talks-about-an-employees-right-to-private-sexting/

[boppers]

1. Do I assume that company property is monitored? Yes, yes I do.

Perhaps that's because I've written monitoring systems, and had to deal with lots of ethical issues when dealing with email.

Not your phone, computer, network? No reasonable expectation of privacy. That being said, there is a reasonable expectation that, oh, texts with a doctor won't be leaked or abused by an employer.

[MrModerate]

2. My employer (most employers, I believe) is very explicit . . .

(pun intended) about the usage of its equipment and network resources for business purposes only -- with a caveat that a "reasonable" amount of personal business can be conducted using those resources (but they reserve the right to look at anything that goes out or comes in over their wires, and reinforce that right with a customized log-in screen).

The logic being that you don't want the employee to have to disrupt their entire day (and thus impact productivity) to make a call to the doctor or respond to a school message about their child.

But sending steamy messages? No way.

[D-Lee]

3. Chief Justice Roberts revealed a strange a view of public policy at the oral argument

http://www.nytimes.com/2010/04/20/us/politics/20scotus.html?th&emc=th

Chief Justice Roberts quoted: "Chief Justice Roberts warned against devising a legal rule that 'would require people basically to have two of these things with them, two of whatever they are — the text messager or the BlackBerrys or whatever.'”

Seems totally irrelevant to any legal consideration ...

[rurallib]

7. makes one think maybe Roberts is sexting on our nickel and our equipment.

[hobbit709]

4. Their phone-their rules

Just like their computer, their rules.
Your phone and computer-your rules.

[Fla_Democrat]

8. Ding, ding, ding, we have a winner!

How does such a simple concept require the Supreme Court's attention? :shrug:

[Iggo]

5. I assume that my employer reviews EVERY email I send on their computer.

[GoldenOldie]

6. This just calls for a cartoonist version of the Supreme's debating

while Justice Thomas sits by "sexting"

[drbtg1]

9. Finally, a case that will cause Justice Thomas to stay awake!

Plus an extensive review of the evidence!