Constitutional Rights Constitutional Law: Is Term Paper

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For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company system constituted an invasion of their right of privacy in violation of both the California Constitution and common law. But the court found that plaintiffs lacked a reasonable, objective expectation of privacy that their sexual and explicit e-mails would be private, because the company had given them notice e-mail could be reviewed without their knowledge or consent.

It should be noted that the right to privacy is not explicitly protected by the Constitution, but is generally accepted to exist implicitly in the penumbra of the Constitution. Another legal protection sought by employees embroiled in email workplace privacy issues is the 4 thAmendment which explicitly provides for "[t]he right of people to be secure in their persons, houses, papers and effects," and protects people "against unreasonable searches and seizures" (Rich, 1994). But even under the 4th Amendment, expectations of privacy are not guaranteed.

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In "United States v. Philip Bunnell" (Crim No. 02-13-B-S (D. Maine, May 10, 2002) the defendant's motion to suppress various pornographic images found in the recycle bin of his university computer was suppressed. Although the personal computer maintained by defendant at his home, it was issued used by the defendant at the university where he was employed, thus the defendant did not have a reasonable expectation of privacy and the searches did not violate the 4th Amendment, said the courts.

Given the findings of these cases, it is increasingly likely employers will issue notice that all emails will be monitored over email. However, because what constitutes a reasonable expectation of privacy remains quite subjective and difficult to determine, it is likely that a variety of rulings interpreting this notion will be handed down in different lower courts, and one day the Supreme Court may need to establish a more solid and fixed stance upon the ever-changing world of privacy in the age of e-mail and the Internet.

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