How Private are Text Messages and eMails?
A ruling in Quon v. Arch Wireless in June, 2008 in the 9th Circuit may influence how much privacy individuals may expect with text messages and eMails that they send. The same month the opinion was issued there were an estimated 75 billion text messages processed in the US. That’s an astonishing number, but no more astonishing that the estimated 97 billion daily emails sent (see my September 4, 2008 blog).
What happened in Quon?
The Ontario, California Police Department issued pagers to its officers and purchased 25,000 characters per month for each device and then paid an overage fee in excess of the 25,000 characters. The Department had employment agreements that stated that the text messages were covered by the Internet and eMail Policies. However, the Department told the officers that if they would just pay the overage fees, then the Department would not bother to read the text messages to see whether they were personal or for police business. Ultimately the Department tired of being a bill collecter and asked Arch Wireless to send copies of the text messages for review. The officers filed suit saying that the messages were private to them, violated their Fourth Amendment rights of unreasonable search and seizure, and ultimately the trial court and jury agreed.
Privacy of Text Messages and eMails
Generally in the US eMails and text messages are not private to the employees so employers can review them if they wish, however in the EU and Canada text messages and eMails are private to the employee. In Quon the 9th Circuit interpreted the Stored Communications Act (18 U.S.C. §2702 “Voluntary disclosure of customer communications or records”) in that Arch Wireless was providing an “electronic communication service” (ECS) rather than a “remote computing service” (RCS). However, even the 9th Circuit that this ruling was very fact specific. So if employers want to have access to employees’ text messages and eMails it would be wise to state that specifically in the employment agreement, which should be updated and resigned annually, and then the employer should also follow its company Internet and eMail Policies regarding enforcement of the policies.
Texas is a large State in geography, population, and local government, as we have 254 counties, more than 1,100 cities, and about 23 million people. Each of the 254 Counties are run by Commissioners’ Courts who also are responsible many other government functions, and there are over 400 District and County Clerks who receive documents filed in the various District and County Courts. Each City finances its own Municipal Court system. Generally local governments are responsible for financing the Court System except the 16 Appellate Courts which are funded by State funds, which include 14 intermediate Courts of Appeal, a civil Supreme Court called the 
Many of the trial courts around Texas are now automating the trial courtrooms so that trial lawyers and judges can use cutting edge technology to display evidence, PowerPoint, video, and websites to juries. .gif)
One statutory charge of JCIT was to implement an eFiling system for case documents. JCIT structured the eFiling project with TexasOnline since the Texas Legislature mandated that all State government agencies use the Texas eGovernment portal. TexasOnline has contracts with more than 36 Counties to provide eFiling directly to the District and County Clerks in a standard pdf format. We refer to 