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Lewis Maltby is president of the National Workrights Institute (formerly the ACLU’s national employment rights project). 2619 (2010), the Supreme Court held that a police officer had no expectation of privacy in the text messages he sent over an employer-issued device, even though his commanding officer promised him his messages would not be monitored.

He has been consulted by the sponsors of every major congressional privacy bill since 1990 and has testified before Congress numerous times. The court reasoned that the officer should have ignored what his commanding officer told him and relied upon the boilerplate language in a form he was given with the device.

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The employer need not even allege a justification for reading the message in question. Under the Electronic Communications Privacy Act (ECPA), 18 U. In practice, this means very little because the employee whose call is being monitored has no way to know that the employer is listening, much less if the employer hangs up.

Employees have no reasonable expectation of privacy even when employers have promised it. ECPA also applies to audio monitoring of the workplace.

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