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Unformatted text preview: ot; including the use of a firewall-defeated any expectation*1144 of privacy in "the record or fruits of [one's] Internet use."
206 F.3d at 395, 398. A supervisor had reviewed "hits" originating from Simons's
computer via the firewall, had viewed one of the websites listed, and copied all of the
files from the hard drive. Id. at 396. Despite that the computer was located in Simons's
office, the court held that the "policy placed employees on notice that they could not
reasonably expect that their Internet activity would be private." Id. at 398.
As the government suggests, similar circumstances inform our decision in this case.
Though each Frontline computer required its employee to use an individual log-in,
Schneider and other IT-department employees "had complete administrative access to
anybody's machine." As noted, the company had also installed a firewall, which,
according to Schneider, is "a program that monitors Internet traffic ... from within the
organization to make sure nobody is visiting any sites that might be unprofessional."
Monitoring was therefore routine, and the IT department reviewed the log created by the
firewall "[o]n a regular basis," sometimes daily if Internet traffic was high enough to
warrant it. Upon their hiring, Frontline employees were apprised of the company's
monitoring efforts through training and an employment manual, and they were told that
the computers were company-owned and not to be used for activities of a personal nature.
Ziegler, who has the burden of establishing a reasonable expectation of privacy,
presented no evidence in contradiction of any of these practices. Like Simons, he "does
not assert that he was unaware of, or that he had not consented to, the Internet [and
computer] policy." Simons, 206 F.3d at 398 n. 8.
Other courts have scrutinized searches of workplace computers in both the public and
private context, and they have consistently held that an employer's policy of routine
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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.
- Spring '08