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Important News Corporate Blackberry and Third-party e-mails & The Corporation Does Logic Defy Basic |
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The 9th Circuit rules text messages stored by 3rd parties are out of bounds. What does this mean? Well, if I use my personal blackberry to do some belligerent activity and I use my phone to take inappropriate photos with my camera. My employer’s recourse? Zilch!
Now looking to the practical implications in the e-discovery world and really records management space, employers are not able to get copies of their employees’ text messages or e-mail stored by third party ISP (such as Google mail), even if the employer pays for the service. Even if employers subpoena the employee’s messages they will have little success without the permission of the author or the intended recipient, which makes cc’ing e-mail tricky as well.
Some argue that this opinion might drive the mid-size companies to move things in-hous eat huge cost, any thoughts? One thing is clear, it is critical for companies, both large and small and public or private, to really make sure that their policies and practices align with their technology.
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