Supreme Court Finds that Employer had Right to View Text Messages

Employer did not violate the 4th Amendment by reviewing an employee's text messages sent from a work pager. US Supreme Court Ruled 9-0, in favor of the Ontario, CA Police Department.  The OPD's warrantless audit found Officer Quon had sent or received 456 messages, but only 57 were work-related. The OPD Computer Policy included the following provisions that the OPD "reserves the right to monitor and log all network activity including e-mail and Internet use, with or without notice. Users should have no expectation of privacy or confidentiality when using these resources." The Court ruled that the "warrantless review of Quon's pager transcript was reasonable ... because it was motivated by a legitimate work-related purpose, and because it was not excessive in scope." Today so many employees use cell phones and PDA provided by employers that surely the Supreme Court's ruling will impact all employees, not just government employees.

Click this link to the LexisNexis Legal Technology Blog. to see how this decision may impact other social media such as Facebook and MySpace.