Topic
Electronic Communications
149 published works
California Employment Law Update
Client Alert: Ninth Circuit Reversed in Sexting Privacy Decision
By Proskauer Employment Law Group
Today, in a decision authored by Justice Anthony Kennedy, the U.S. Supreme Court unanimously overturned a decision by the U.S. Court of Appeals for the Ninth Circuit in a case…
Employment & Labor
How Private Are Employees’ Electronic Communications?
Most employers provide their employees with all sorts of technology, including Blackberries, Internet access, and email accounts. And all of this technology typically flows through the employer's network and servers. Because this…
Privacy & Information Security Law Blog
Failure to Secure Wireless Network Defeats ECPA Claims
A computer user’s failure to secure his wireless network contributed to the defeat of his claim that a neighbor’s unwelcome access to his files violated the Electronic Communications Privacy Act…
Labor Law Prof Blog
Herbert on Workplace Consequences of Electronic Exhibitionism and Voyeurism
Bill Herbert (NY PERB, writing independently) has posted on SSRN his new piece: Workplace Consequences of Electronic Exhibitionism and Voyeurism. Bill prepared the pieced for the 2010 IEEE International Symposium…
New Media and Technology Law Blog
New Jersey Appellate Court Says, Take “Loving Care” with Employee Personal Communications
In Stengart v. Loving Care Agency, 2009 N.J. Super. LEXIS 143 (App. Div. June 26, 2009), a New Jersey appellate court refused to enforce a provision in an employer’s electronic…
Labor Law Prof Blog
Hirsch on Email and the NLRA
Jeff Hirsch (Tennessee) has just posted on SSRN his article E-Mail and the Rip Van Winkle of Agencies: The NLRB’s Register-Guard Decision, to be published in the Proceedings of the…
Media Law Prof Blog
Sixth Circuit Certifies Questions Concerning Electronic Communications To Ohio Supreme Court
In American Booksellers Foundation v. Strickland, the Sixth Circuit certified the following questions to the Ohio Supreme Court.We certify the following questions of state law to the Supreme Court of…
The Legal Watercooler
I’ve got this feeling, somebody’s watching me
On a daily basis, I continue to uncover, discover and appreciate all the benefits of e-communication.I started the Legal Watercooler for two main reasons: 1) to provoke conversations that I…
California Employment Law Update
Police Officer Had Reasonable Expectation Of Privacy In Text Messages Sent And Received On Pager
By Tony Oncidi
Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008) Arch Wireless contracted to provide wireless text-messaging services for the City of Ontario, including its police department. Pursuant to…
Labor Law Prof Blog
Fourth Amendment Protection for Electronic Communications
Orin Kerr has a nice post at the Volokh Conspiracy on an interesting new case out of the Ninth Circuit, Quon v. Arch Wireless Operating Co. The case involved a…