Chief Justice Roberts Knows the Difference Between E-mail and a Pager

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Everyone’s having a big laugh over the Supreme Court’s alleged lack of tech savvy, as illustrated during oral arguments in a case (Ontario vs. Quon) focusing on text message privacy for a city employee using a city-provided pager.

The gist of the case is that a SWAT team member had a government-issued pager with which he was sending racy text messages to his girlfriend. There was an official policy in the police department that messages sent on department-owned technology would not be private, but another of the SWAT team member’s bosses deemed that pagers could be put to personal use outside of work, as long as he paid for overages. At issue is how much privacy someone texting with such a device can expect from the government. It’s relatively new territory for the courts, and the SCOTUS decision could have a big impact on how Fourth-Amendment protection is extended to electronic material.

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