Link: Death By Email Blog: Does Hosted Email Archiving and E-discovery Violate the 4th Amendment?. In case you didn't think that electronic data discovery issues were complicated enough, they just got more complicated. By now, you should be familiar with the recent ruling by the Ninth Circuit out in California, which held that employees of companies who used text and email services hosted by third party providers had a reasonable expectation of privacy in their communications, and that such messages were protected from access by the employer. Previously, most pundits and researchers believed that, if the employer paid for the computers and services, they owned the material. Not so, says the Ninth Circuit. This one will get appealed and reviewed. However, it has created a firestorm of comment and controversy in the blogosphere. Check out this detailed post from Roger Matus for more.
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