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  Quon v. Arch Wireless Operating Co., Inc. (9th Cir. 2008)
Ford & Harrison LLP - January 29, 2010 For the first time, the U.S. Supreme Court will address the rights of employers to review text messages sent by and to employees on employer-provided equipment. See Quon v. Arch Wireless Operating Co., Inc. (9th Cir. 2008), cert. granted, 12/14/09. In Quon, the Ninth Circuit held that the City of Ontario violated a city employee's Fourth Amendment privacy rights when it read the employee's text messages. The messages were sent by the employee (a police officer and member of the city's SWAT team) from a text-messaging pager purchased and provided by the city and were stored by an outside service provider.  Employee Text Messages Are Not Inviolate: Understanding and Navigating the Ninth Circuit's Decision in Quon v. Arch Wireless Operating CompanyLittler Mendelson, P.C. - July 09, 2008 The headlines proclaiming the end of employer monitoring have vastly overstated the impact on the workplace of the Ninth Circuit's ruling in Quon v. Arch Wireless Operating Company. To be sure, the case holds that the Stored Communications Act prohibits third-party service providers, such as text message services and Internet service providers, from disclosing stored electronic communications without the consent of the employee who sends or receives the communication, even if the employee is using employer-provided equipment and the employer pays for the service. Nonetheless, and as explained more fully below, employers can easily and lawfully navigate this restriction. Employees Have Right to Privacy in Text Messages, Court of Appeals Rules.Jackson Lewis LLP - July 01, 2008 A police officer and the individuals with whom he communicated had a reasonable expectation of privacy in text messages sent from pagers provided by the employer, the U.S. Court of Appeals for the Ninth Circuit has ruled. Quon v. Arch Wireless Operating Co., Inc., No. 07-55282 (9th Cir. June 18, 2008). The employer, it said, violated the plaintiffs' rights under the Fourth Amendment of the U.S. Constitution and the California Constitution by reviewing text messages without the plaintiffs' consent. Accordingly, the court held that the plaintiffs prevailed as a matter of law and reversed the lower court's judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
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