Devjani Mishra Quoted in E-Commerce Times
“SC May Take Employer's Side in 'Sexting' Privacy Case"

Devjani Mishra was quoted in the April 20, 2010 E-Commerce Times article, "SC May Take Employer's Side in 'Sexting' Privacy Case." The article discussed how the U.S. Supreme Court heard oral arguments on April 19, 2010 in City of Ontario v. Quon, a case that could significantly expand employees' privacy rights in the workplace. According to the article, Quon sued after his employer viewed sexually explicit texts he had sent and received on equipment issued by his employer, the Ontario PD. The article also noted that questioning by the justices led some court watchers to conclude that the Court will decide it on very narrow grounds and likely side with the City of Ontario. Devjani observed that if that does happen, employers will breathe a sigh of relief. She added, "It will give employers some breathing room to fix their policies and make sure they are comprehensive and delineate what is acceptable and what is not with technology." 

The article explained that at the heart of the case is the question of whether the Ontario, Calif., police force had the right to read text messages sent by its employees. For instance, currently employers expect that the company would be able to access a terminated worker's communications and IT files, if necessary. It is possible that this case may upend that and other commonly held beliefs. However, according to Devjani, based on the questioning by the justices, there is a good chance those concerns will not materialize. She further noted that although both sides were peppered with questions, "the justices seemed to be leaning in the direction of the city."