The “Double Edged Sword” of Quon

Andrea R. Waintroob presents "The 'Double Edged Sword'of Quon"  examining how states have responded to Ontario v. Quon, 130 S.Ct. 2619 (2010) and how school districts can best protect themselves from increasing their production burdens under the Freedom of Information Act (FOIA).

In Quon, the U.S. Supreme Court found that a SWAT team member did not have a “reasonable expectation of privacy” to personal emails he received on a Police Department issued pager. The ramifications of Quon have the potential to expand the ability of government employers to view an employee’s electronic communications. However, this increased employer power may come at the cost of an increased responsibility for those same employers to produce such communications in response to a FOIA request.