Next week the U.S. Supreme Court takes up a question near and dear to digitally proficient texters: whether their personal messages are private when transmitted over an electronic device supplied by an employer."
http://www.npr.org/templates/story/story.php?storyId=125998549
Most of us understand that when your employer gives you something to use, its still theirs, and a certain level of "acceptable behavior" comes with the privilege of using said allowance. HOWEVER, we have all heard about people downloading explicit material at work, engaging in illicit chat room conversations on company laptops, and making long-distance phone calls to your family in Japan on the company's dime.
With this context in mind, the article linked above describes a situation involving cellular phones distributed to police officers in Ontario, California. When the phones were distributed to police officers, the lieutenant responsible for the equipment informed the users that the message content was private, and officers would be required to pay out of pocket for messages exceeding the 25,000 character limit per month.
A problem arose however, when officers DID exceed the limit, and the lieutenant described feeling like a "bill collector". He grew weary of this responsibility, and when he requested transcripts of the message content being transmitted by his officers, he was surprised to find explicit language being used between one particular officer, his estranged ex-wife, and another police officer.
I circle back now to my first point. Most of us understand that this kind of behavior is not acceptable on company time, and especially with company money. However, the officer and others who allegedly sent the "sexy" text messages sued the department for breaking their privacy rights.
If this situation only involved police issued equipment, then I'd probably side with the department on this one. HOWEVER it doesn't, as the estranged ex-wife DOES NOT use a department issued phone. What about her privacy rights?
George Washington University professor Orin Kerr provides the following insight:
"Does the government violate your rights when they take those messages off the server, even though you're not the government employee?" asks George Washington University law professor Orin Kerr. "And what does that mean for the rest of us, who do have privacy rights, when the government wants to get copies of those communications?"
If this were an isolated case without possible influence on the rest of the country, that would be fine. However this same kind of situation will inevitably continue to arise with other agencies, organizations, private companies and the like. What is reasonable privacy? What sort of protections can citizens and employees expect regarding their personal lives? What will prevent the government or others from getting into your "dirty little secrets"?
I submit the following guidelines: WATCH YOUR BACK JACK. Its sort of like the advice you get from an old sage like your grandparents, "If you can't say something nice, don't say nothin' at all". Obviously the issue only came to trial because of the DISCRETION used by police administrators to view transcripts of transmitted messages.
Discretion, its all around us!
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