Issue: whether the university had authority to search Biby's computer files
Held: Court ruled in favor of the university. It cited a university policy that it has the right to search the employees' computers for legitimate reason. In this case, not only was there a policy allowing the un university to search employees email but the search took place within the discovery period for arbitration.
This case likewise affirms that the employees have less expectation of privacy in the workplace …show more content…
The courts however have explicitly warned employers that consent must be an informed consent for the exception to apply. Thus, in Watkins v. L.M. Berry & Co_._, 704 F. 2d 577 (11th Cir. 1983) the court found that an employee's knowledge of her employer's capability to monitor private telephone calls was not prior consent under the Act. This case makes it clear that every employer should get its employees' informed consent to monitor electronic communications before doing