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Court Limits Bosses' Access to Staff Emails

Landmark ruling extends constitutional protections to electronic communication

By Peter Fearon,  Newser Staff

Posted Jun 19, 2008 2:10 AM CDT

(Newser) – A federal court has ruled that emails and text messages on work accounts—routinely monitored by some employers—are protected by constitutional safeguards against unreasonable search and seizure. The ruling only applies to electronic communications supplied through outside servers, not internal systems. The ruling forbids service providers from handing over records to employers, and requires police to obtain search warrants to access messages, reports the Los Angeles Times.

It was the first federal appellate decision to provide 4th Amendment protection to electronic messages. A cyberspace civil liberties organization hailed the ruling as a "tremendous victory for online privacy" that affords many of the same protections to electronic communication that currently safeguard letters and packages.

A ruling by a US Court of Appeals will make it harder for employers to routinely read workers' e-mails and text messages.
A ruling by a US Court of Appeals will make it harder for employers to routinely read workers' e-mails and text messages.   (AP Photo/Orlin Wagner)
Clark Kent glasses
Clark Kent glasses   ((c) Andrew*)
Kevin Bankston attorney for the Electronic Frontier Foundation, devoted to protecting privacy rights on the Internet. The group hails a ruling protecting e-mails and text messages as a landmark.
Kevin Bankston attorney for the Electronic Frontier Foundation, devoted to protecting privacy rights on the Internet. The group hails a ruling protecting e-mails and text messages as a landmark.   (AP Photo/Paul Sakuma)
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