Do we know that the devise was issued by the city? Was there and 
expectation that the texts would be monitored for inappropriate 
behavior, and is there a policy statement to that effect? Is there a 
policy document from "SkyTel, the Mississippi-based company that 
provided text devices to the city, confirmed the existence of messages 
to the Free Press." that warns customers that their activity will be 
monitored and will be released to any interested "party"? Without such 
a policy and proof of notification to users about the policy, the City, 
and SkyTel for that matter, may not have a "safe harbor" argument.


On Friday, January 25, 2008, at 02:20 PM, WALLIS Dwight D wrote:

> Folks, if the device was issued to the city, there should be no
> expectation of personal privacy in its use. Any public servant sending
> sexually explicit messages on such a device is dumb dumb and dumber. My
> guess is the Free Press got access to the messages via a public records
> request. Has nothing to do with the larger concerns regarding 
> government
> surveillance, and in fact could be a positive sign of government
> transparency.
>
> Dwight Wallis, CRM
> Records Administrator
> Multnomah County Fleet, Records, Electronics, Distribution and Stores
> (FREDS)
> 1620 S.E. 190th Avenue
> Portland, OR 97233
> Phone: (503)988-3741
> Fax: (503)988-3754
> [log in to unmask]
>
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