Friday, April 26, 2019
Assignment Example | Topics and Well Written Essays - 250 words - 396
assigning ExampleThere are two issues that come out clearly in this case. Quons, Duke, boss tells him in that respect would be no make to carry out an size up of the school text messages as long as he paid the overages. On the other hand, the OPD puzzle outs it clear that none of the pager messages would be private. Quon went ahead to make an assumption that his boss pronouncements could override he provisions of the OPD. No part of the OPD provisions indicate that an employees pronouncements were superior to documented OPD provisions. Quon thus wrongfully expected privacy due to a mere incident his boss had promised not to audit the messages so long as he paid the overages. Such a pronouncement, therefore, does not suspend the OPD provisions. That renders Quon culpable.If the case had involved an employer-supplied device other than a pager, it surely would have been distinguishable the differently. The OPD provisions are very particular/specific on the device involved. It on ly refers to the pager text message as not being private. If a device had been involved other than the pager, the provision wouldnt have applied. The case would have been decided differently. Quon demand for privacy would have been validated.Auditing text messages is obviously little intrusive than phone wiretapping. This is because in the case of auditing text messages, the device user is made aware of the need to carry out an audit. In the case of phone wiretapping, the users device such as telephone is covertly monitored. This is considered unlawful in most cases. Phone wiretapping is more intrusive than carrying out an audit of the messages.There is no broad ground for find out Quons case. There a number of adept aspects of the case, all of which must be weighed. If the broadly applicable rules for electronic intercourse had been applied in determining the case, the court would have looked at how Quons use of the work device for other personal communication had affected his use of
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