Yes, I think the juicier issue regarding privacy will definitely be around social networking.  When it reaches the courts, I'm sure the major issues will be around the nature of the network (there are BIG differences among Facebook, Twitter and LinkedIn), and whether the employee is identifying him/herself as an employee of an organization.

Scenario 1: Employee posts, "My company is run by well-dressed orangutans" on Twitter (public posting, anyone can read it).  In past Twitter postings or in his public profile, the same employee identifies which company he works for.

Scenario 2: Employee posts, "My company is run by well-dressed orangutans" on Facebook (private status message, only open to friends and friends of friends).  Employee never identifies what company he works for.

Ideally, the employee in scenario 2 would be afforded much more privacy protection than employee in scenario 1.  I'm not a lawyer or a psychic (that I know of), but I'm sure the private sector privacy pendulum will swing the other way when a scenario 2 employee wins a major wrongful termination suit.

Mark Graves
Omaha, NE

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