Litigation Topics and News Relative to Accident Reconstruction
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This is a continuation of prior thread Are ALL of your e-mails being reviewed by your boss?
Sept 14, 2010: The Legal Intelligencer Can Employers Review Electronic Messages?
by Daniel J. McGravey and Amy C. Lachowicz
Several recent court decisions have highlighted the fundamental need for employers to have clearly worded policies addressing employee use of work-issued electronic devices.
- The Supreme Court held that an employee that violates department policy does not have a right to privacy.
In another court case the court held that the employee had a reasonable expectation of privacy in her private, password-protected internet e-mail account, and the act of sending and receiving e-mails via a company laptop did not eliminate the attorney-client privilege that protected them.
These decisions are instructive for employers. See the article for details:Can Employers Review Electronic Messages?
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Dec 2010: Email privacy, on appeal: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit
today issued a 98 page decision
on the latest round of appeals in the case captioned United States v. Warshak
- For the foregoing reasons, we AFFIRM Steven Warshak’s convictions. We also AFFIRM the forfeiture judgments against him, but we VACATE his 25-year sentence and REMAND for resentencing. We also AFFIRM TCI’s convictions. In addition, we AFFIRM Harriet Warshak’s convictions for conspiracy to commit mail, wire, and bank fraud (Count 1); and bank fraud (Count 27). However, we REVERSE her convictions for conspiracy to commit money laundering (Counts 30-31) and money laundering (Counts 99-101, 107), and we VACATE her sentence and REMAND. Lastly, we AFFIRM the proceeds-money forfeiture judgement against her, but we REVERSE the money-laundering forfeiture judgment against her.
This is the appeal from the case argued in June 2010 U.S. Court Weighs E-mail Privacy, Again
At issue: whether e-mail messages deserve the same privacy protection as telephone calls
In a replay of a court decision from two years ago, civil liberties groups are once again trying to persuade the U.S. Court of Appeals for the Sixth Circuit that e-mail messages deserve the same privacy protection as telephone calls. The Electronic Frontier Foundation, the ACLU of Ohio, and the Center for Democracy and Technology filed an amicus brief in support of appellant Steven Warshak.