On June 18, 2007, the 6th U.S. Circuit Court of Appeals handed down an important decision in Warshak v. United States that could have an impact on your company’s email monitoring policy. In the case, Steven Warshak’s emails were read by federal investigators under the provisions of the 1986 Stored Communications Act (SCA). This action required no warrant, nor did the government have to notify Warshak beforehand. Warshak, in his suit alleged that the action violated both the Stored Communications Act as well as his Fourth Amendment rights. The court agreed, upholding the District Court’s decision.
You may be wondering, “What does this federal investigation have to do with my email monitoring policy?” The answer lies in the details of the decision. This case specifically dealt with the issue of personal emails hosted by an ISP. In no way did it ever address the issue of business email monitoring. However, it states that “e-mail users maintain a reasonable expectation of privacy in the content of their e-mails.” This determination could have some important implications for businesses. There is a reason why it is OK for a business to have closed circuit cameras in a store, but not in a restroom. In the store, there is no expectation of privacy, but in the restroom there is. If the court upheld that there is a reasonable expectation of privacy when it comes to email, it is likely that one day this could be extended to include business email accounts as well, at least under certain conditions. (more…)