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D.D.C.: Reasonable expectation of privacy in DOJ e-mail system where personal e-mails could be sent on it

By John Wesley Hall, Jr.

DOJ prosecutor Jonathan Tukel had a reasonable expectation of privacy in personal e-mail to his lawyer sent from a DOJ computer where the government permitted personal use of the government e-mail account. It was his e-mails being sought, so he was permitted to intervene in another's case. Convertino v. United States DOJ, 2009 U.S. Dist. LEXIS 115050 (D. D.C. December 10, 2009): Mr. Tukel reasonably expected his e-mails with his personal attorney to remain confidential. (Id.) Case law in this jurisdiction is not directly on point but New York gives the Court some direction. "[T]he question of privilege comes down to whether the intent to communicate in confidence was objectively reasonable." In re Asia Global Crossing, Ltd., 322 B.R. 247, 258 (S...continue to full post

Full post as published by Fourth Amendment on December 11, 2009 (boomark / email).