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Navigating the Changing Technological Landscape

By Fernando M. Pinguelo and Keya C. Denner

In City of Ontario v. Quon, 560 U.S. ___ (2010), the U.S. Supreme Court held that a government employer's search of an employee's communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the United States Constitution. The Court's narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive. (Internet Law & Strategy broke news of the ruling when it was issued. See, “Online Exclusive: Text Search Reasonable, Says Supreme Court,” available at www.ljnonline.com/issues/ljn_internetlaw/8_6/news/153860-1.html.) Even so, Quon offers useful guidance with respect to up-to-the-minute issues in this area, and reaffirms some preventative measures that forward-looking employers should already have in place.

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