On June 18, the Court of Appeals for the Ninth Circuit held in Quon v. Arch Wireless Operating Co., No. 07-55282 (9th Cir.), that employee text messages are subject to the Stored Communications Act of 1986, and that employees have an expectation of privacy in such messages under certain circumstances pursuant to the Fourth Amendment. This case is of particular interest in that it highlights the traps that can ensnare employers that monitor such communications, but also suggests ways that employers can protect themselves from stumbling into similar situations. For the Full Story, Click Here. |