Tag Archives: expectation of privacy

“Liking” A Facebook Page Is Not Protected By The First Amendment

A Virginia district court recently held that an employee’s clicking of the Facebook “like” button is not comparable to speech. Accordingly, the court affirmed the dismissal of First Amendment retaliation claims brought by employees of a Virginia sheriff’s office finding that the employees’ action was insufficient to merit constitutional protection. Sheriff B.J. Roberts of the Hampton, Virginia … Continue Reading

Supreme Court Issues Decision in City of Ontario v. Quon – Search of Text Messages Held Reasonable, Ninth Circuit Reversed

The Supreme Court today issued its decision in City of Ontario, California v. Quon.  In a unanimous decision, the Court held that the search of Quon’s text messages, sent or received on his department issued pager, was reasonable and did not violate Quon’s Fourth Amendment rights.  As set forth in the opinion, the Court did not … Continue Reading

Employees Claiming Emotional Distress Must Produce Social Network (Facebook and MySpace) Information In Discovery

All information from plaintiffs’ social networking profiles and postings that relate to their general emotions, feelings, and mental states must be produced in discovery when they allege severe emotional trauma and harassment against their employer, a federal court in Indiana has ruled. (EEOC v. Simply Storage Management LLC, S.D. Ind., No. 1:09-cv-1223, discovery order 5/11/10). … Continue Reading

Keylogging–Jurisdictions at Odds Over Privacy Concerns

Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so  the keyboard user is unaware his activities are being monitored. Several cases throughout the country have examined an employer’s use of keylogging.  Recently, the Criminal Court of the City of New York held … Continue Reading

New Mobile Phones Capable of Monitoring Employee’s Every Move?

New mobile phone technology may allow employers to track very precise movements and activities of employees, such as walking, climbing stairs or even cleaning. As reported by Michael Fitzpatrick of BBC News, the technology developed by KDDI Corporation, a Japanese company, “works by analyzing the movement of accelerometers, found in many handsets.” This enhanced level … Continue Reading
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