Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

The Supreme Court talks about an employee’s right to private sexting

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
cory777 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 02:10 AM
Original message
The Supreme Court talks about an employee’s right to private sexting
Edited on Tue Apr-20-10 02:25 AM by cory777
Source: True/Slant

Today, the Supreme Court heard the case of the California SWAT officer who sued the city of Ontario for violation of his privacy after his employer reviewed the messages he sent on his work-issued pager. He had been using the pager for personal text messages — notably for steamy SMSes to his estranged wife and to his girlfriend with whom he worked. (More background here.)

At first glance, the case might seem like an easy one. Of course the police department has the right to look at messages sent on an officer’s work pager, right?

But then think about it in your own context. Do you assume that your employer is reviewing every text you send from your work phone? Is it fair for your employer to look at every email that goes out from your work computer? Does it matter whether it’s going from your work account or your personal gmail account?

This case is made more complicated because there were oral agreements between the SWAT officer and his lieutenant that the messages would remain private as long as he paid any overage fees for messages exceeding those allowed by his work plan. He regularly exceeded those limits and paid up.

Read more: http://trueslant.com/KashmirHill/2010/04/19/the-supreme-court-talks-about-an-employees-right-to-private-sexting/
Printer Friendly | Permalink |  | Top
boppers Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 02:21 AM
Response to Original message
1. Do I assume that company property is monitored? Yes, yes I do.
Perhaps that's because I've written monitoring systems, and had to deal with lots of ethical issues when dealing with email.

Not your phone, computer, network? No reasonable expectation of privacy. That being said, there is a reasonable expectation that, oh, texts with a doctor won't be leaked or abused by an employer.
Printer Friendly | Permalink |  | Top
 
MrModerate Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 02:25 AM
Response to Original message
2. My employer (most employers, I believe) is very explicit . . .
Edited on Tue Apr-20-10 02:26 AM by MrModerate
(pun intended) about the usage of its equipment and network resources for business purposes only -- with a caveat that a "reasonable" amount of personal business can be conducted using those resources (but they reserve the right to look at anything that goes out or comes in over their wires, and reinforce that right with a customized log-in screen).

The logic being that you don't want the employee to have to disrupt their entire day (and thus impact productivity) to make a call to the doctor or respond to a school message about their child.

But sending steamy messages? No way.
Printer Friendly | Permalink |  | Top
 
D-Lee Donating Member (457 posts) Send PM | Profile | Ignore Tue Apr-20-10 06:47 AM
Response to Original message
3. Chief Justice Roberts revealed a strange a view of public policy at the oral argument
http://www.nytimes.com/2010/04/20/us/politics/20scotus.html?th&emc=th

Chief Justice Roberts quoted: "Chief Justice Roberts warned against devising a legal rule that 'would require people basically to have two of these things with them, two of whatever they are — the text messager or the BlackBerrys or whatever.'”

Seems totally irrelevant to any legal consideration ...
Printer Friendly | Permalink |  | Top
 
rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 08:00 AM
Response to Reply #3
7. makes one think maybe Roberts is sexting on our nickel and our equipment.
Printer Friendly | Permalink |  | Top
 
hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 06:51 AM
Response to Original message
4. Their phone-their rules
Just like their computer, their rules.
Your phone and computer-your rules.
Printer Friendly | Permalink |  | Top
 
Fla_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 08:02 AM
Response to Reply #4
8. Ding, ding, ding, we have a winner!
How does such a simple concept require the Supreme Court's attention? :shrug:
Printer Friendly | Permalink |  | Top
 
Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 07:23 AM
Response to Original message
5. I assume that my employer reviews EVERY email I send on their computer.
Printer Friendly | Permalink |  | Top
 
GoldenOldie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Apr-20-10 07:39 AM
Response to Reply #5
6. This just calls for a cartoonist version of the Supreme's debating
while Justice Thomas sits by "sexting"
Printer Friendly | Permalink |  | Top
 
drbtg1 Donating Member (932 posts) Send PM | Profile | Ignore Tue Apr-20-10 08:05 AM
Response to Original message
9. Finally, a case that will cause Justice Thomas to stay awake!
Plus an extensive review of the evidence!

Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Wed Jun 19th 2024, 08:16 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC