EPIC has filed an amicus brief in United States v. Hamilton, urging the Fourth Circuit Court of Appeals to uphold employee privacy interests in personal e-mails. The Government contends that it may obtain private emails from an employer even when they are privileged communications between spouses and there is no use policy in place, explaining that communications are subject to disclosure. The district court agreed. EPIC argued that employees in the modern workplace routinely communicate about private matters with spouses and that an employee's privacy interest cannot be retroactively waived by a use policy implemented a year later, as the lower court suggested. For more information, see EPIC: Workplace Privacy and EPIC: United States v. Hamilton.
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Communications Law and Policy
Jerry Kang and Alan Butler