Patrick wrote:

"The Quon vs. Arch Wireless case is an outlier in the US. Even though the case involved communications via publicly paid devices, the courts found that the employer was unreasonable in obtaining copies of the communications. The public records aspect of this case was not considered and being the 9th Circuit, it is one of those "People's Republic of  California things" (to quote some cynics). I think the 9th Circuit's ruling left a lot to be desired, but it is the 9th Circuit and I'm not a lawyer, so what I think is irrelevant. On the other hand, in the cases involving the former Mayor of Detroit and his text messages, the courts in Michigan held them to be public records. So the court system is all over the place and that is relative to public records. Where these sorts of issues land for non-public enterprises remains to be seen."

And correct me if I'm wrong, Patrick, but didn't Quon vs. Arch Wireless also hinge on the fact that the city used an outside service provider (Arch)?  From what I've been told, if an organization is their own service provider for something like email, instant messaging, etc., then that decision wouldn't apply, and the employee has no right to privacy on those items.  However, if a business used an external service provider for their email, for instance, that's where things get sticky.  So that could be a problem for small businesses, perhaps.

Totally not a lawyer, so I might be misinterpreting what I've read and heard from them.

Thank you,
Deanna L. Brouillette, CRM
Records Manager
Chesapeake Energy Corporation
Office: (405) 935-4747
Mobile:  (405) 706-2745
Fax:  (405) 849-4747
E-mail: [log in to unmask]





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