Having watched the concerns over this for a while, I think a note of
reflection is due here. Judicial decisions are subject to review, especially
due to the unpopular "juducial activism" that seems to come from this
particular court. Their interpretation of the law is not surprising
considering this court's history. The Ninth Circuit Court has very a well
known political perspective embedded in many of its rulings and is
apparently the most overturned Court in the country. See -
http://www.centerforindividualfreedom.org/legal/9th_circuit.htm
My comment is not intended to spark any political debate but to let us
remember that such legal perspectives can, and undoubtedly will, be
contested. We should consider this before Records Management Policies and
Procedures are questioned and re-written.
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
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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.
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