My Opinion is that eventually these will be perceived by the courts and the
public at large not as "personal message exchanges" but as "business message
exchanges". That MAY indicate that the organizational owner of the messaging
systems is entitled to know exactly what people are doing with their paid
labor during their use of the organization-owned system. My guess entirely. 

What would be interesting for us would be if there were any attorneys on
this list that could comment about how oranizations within the jurisdictions
of a particular Circuit court must immediately accept and implement any
rulings. Maybe once an appeal is filed, an organization is not as
immediately resposible for taking actions. My guess again.

John

********************************
John T. Phillips
MSLS, CRM, CDIA, FAI
Electronic Records Management
Consulting, Education, Research
Information Technology Decisions
www.infotechdecisions.com
865-966-9413


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of pakurilecz
Sent: Thursday, July 03, 2008 12:22 PM
To: [log in to unmask]
Subject: Legal Ruling Shakes Up E-mail Archiving

if the links don't work access the blog via this link
http://shrinkster.com/zy0

Sent to you by pakurilecz via Google Reader: Legal Ruling Shakes Up E-mail
Archiving via The Intelligent Enterprise Blog on 7/3/08 The whole issue of
E-mail Archiving and Management (EAM) has come under the spotlight recently,
triggered by a ruling by the Ninth US Circuit Court of Appeals in San
Francisco - a ruling that touches on the Fourth Amendment "Protection from
unreasonable search and seizure." Plaintiffs argued that when employers read
the content of text messages sent by their employees - text messages that
were held by a hosted vendor, Arch Wireless - that the employees' fourth
amendment privileges were breached. In other words, even though the
employees were using company-paid messaging systems, the employer should
still respect their privacy and the confidential nature of personal message
exchanges.

Things you can do from here:
- Subscribe to The Intelligent Enterprise Blog using Google Reader
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sites 

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