Hi Mark, 

First, I still haven't read the entire opinion but the remarks I have read
comport with yours so my note may have been premature. However, at a minimum
email messages sent on an agency-owned Blackberry would presumably fall
under the same guidance. I will leave the rest of your first graf alone
because I just don't know. And of course I am not a lawyer either so any
comments I have may have no legal basis. 

With regards to external media, consider a government employee who posts on
Facebook from his/her desk. Clearly the government doesn't own the
communications system where those posts are stored, but it also clearly
could own the system used to make the posts (the government's network and
computer). Is there an inherent right to privacy there under this rubric? I
don't know but under the guidance above I'd suspect not. I think it also
further muddies the waters and I think we'll see these cases much sooner
than later. 

And to bring it full circle, should the employee expect privacy for a
Facebook message or Twitter direct message posted from an agency Blackberry,
neither of which are considered "public" in the same sense that a wall post
or normal Tweet are?

Ain't technology grand? :)

Jesse Wilkins, CRM
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(303) 574-0749 direct
Twitter: http://www.twitter.com/jessewilkins


jesse

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