The Alex Kozinski dustup has everyone clucking his tongue over the seemingly inevitable march toward realization of the dictum that there is no expectation of privacy for anything going on or through the Internet. One would think that is certainly the case of text messaging, following the sad case of Kwame Kilpatrick.
So what do we make of this, from Orin Kerr?:
The Ninth Circuit handed down a very important decision today in Quon v. Arch Wireless Operating Company holding that users of text messaging services ordinarily have a Fourth Amendment reasonable expectation of privacy in the contents of the text messages stored on the service provider’s network. Judge Wardlaw wrote the opinion, joined by Judge Pregerson and District Judge Ronald Leighton. It’s a bit of a surprise that the panel decided the issue so squarely, given that it was only lightly covered at oral argument, but it’s a noteworthy holding that I think is correct and very important.
Looks like it’s worth taking a look at.