Employment Law | Expert Legal Commentary
November 14, 2008
Quon v. Arch Wireless: 9th Circuit Recognizes Privacy Expectation in Text Messages
Quon v. Arch Wireless
By
Jeremy J. Gray of Zuber & Taillieu
In Quon v. Arch Wireless, 529 F.3d 892 (9th Cir. 2008). the Ninth Circuit partly reversed the District Court and ruled that the Ontario, California Police Department violated the Fourth Amendment rights of one of its officers and three others with whom he exchanged text messages on a department-issued pager when it obtained and read transcripts of the messages. The court also held that Arch Wireless, the city's service provider, violated the Stored Communications Act, 18 U.S.C. sections 2701-2711, when it disclosed the messages to individuals who were neither the addressees nor intended recipients.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
