Tuesday, February 7, 2012

BNA INSIGHTS: Sixth Circuit Finds Stored Communications Act Unconstitutional, Providing Further Momentum for Electronic Communications Privacy Act Reform, Possible Supreme Court Review

A recent decision by the United States Court of Appeals for the Sixth Circuit invalidating part of the Stored Communications Act (SCA) casts doubt on law enforcement’s ability to access e-mail communications without a warrant, and renews questions about updating the Electronic Communications Privacy Act (ECPA)…

Supreme Court Rules City’s Search of Police Officer’s Text Messages Not Privacy Breach

A California city did not violate a police officer’s Fourth Amendment privacy rights by reviewing personal text messages he…

Privacy Groups Urge Supreme Court to Tread Cautiously in Quon Work Texting Case

The U.S. Supreme Court should exercise caution in reviewing whether a police officer had a reasonable expectation of privacy in personal text messages sent from and received by his employer-issued pager, because the court’s ruling may reverberate beyond the public sector workplace, privacy groups argued in a friend of the court brief filed March 23.