Id at 161 62 96 calapp4th at 451 52 117 calrptr2d 155

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Unformatted text preview: thal v. Knapek, 266 F.3d 64, 74 (2d Cir.2001). To warrant Fourth Amendment protection, an expectation of privacy must "be one that society is prepared to recognize as 'reasonable.' " Katz, 389 U.S. at 361, 88 S.Ct. 507 (Harlan, J., concurring). Accordingly, we note that at least one court has examined the reasonableness of an expectation of privacy in a workplace computer from the standpoint of "community norms." In TBG Ins. Services Corp. v. Superior Court, 117 Cal.Rptr.2d 155, 96 Cal.App.4th 443 (Cal.Ct.App.2002), the California Court of Appeal stated: We are concerned in this case with the "community norm" within 21st Century computerdependent businesses. In 2001, the 700,000 member American Management Association (AMA) reported that more than three-quarters of this country's major firms monitor, record, and review employee communications and activities on the job, including their telephone calls, e-mails, Internet connections, and computer files. Companies that engage in these practices do so for several reasons, including legal compliance (in regulated industries, such as telemarketing, to show compliance, and in other industries to satisfy "due diligence" requirements), legal liability (because employees unwittingly exposed to offensive material on a colleague's computer may sue the employer for allowing a hostile workplace environment), performance review, productivity measures, and security concerns (protection of trade secrets and other confidential information). ... For these reasons, the use of computers in the employment context carries with it social norms that effectively diminish the employee's reasonable expectation of privacy with regard to his use of his employer's computers. Id. at 161-62, 96 Cal.App.4th at 451-52, 117 Cal.Rptr.2d 155. The court, like the others cited above, held that workplace policies, including the employer's entitlement to monitor usage on an "as needed" basis, defeated a claim to a reasonable expectation of privacy in the computer. Id. at 163- 64, 96 Cal.App.4th at 452-54, 117 Cal.Rptr.2d 155. Surely, some lament the general lack of privacy in the modern workplace. See, e.g., Matthew W. Finkin, Employee Pr...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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