Definitions
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Examples
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As litigated in Quon, then, the legal question was whether Arch was acting as a “remote computing service” or an “electronic communication service” in its storage of the texts.
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To make matters worse, Quon is being argued in late April, near the end of the Term, when there is very little time amidst all the other major cases to overcome these limitations and really get it right before opinions are out at the end of June.
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Notably, Quon is one of only two Fourth Amendment cases to be decided this Term.
The Volokh Conspiracy » “Where Is the Fourth Amendment Docket?” 2010
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The litigants in Quon agreed that the City of Ontario was the “subscriber” of the text messages, in that it had actually purchased the service, but that the city was not an “originator or an addressee or intended recipient of such communication.”
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The transcript of the oral argument in City of Ontario v. Quon is now available here.
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To understand the issue in Quon, you need to know a bit about how the Fourth Amendment applies to some earlier technologies.
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This is an issue in Quon because Quon is a civil case brought by both the senders and the recipients of text messages over a city-issued pager.
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As I understand the facts, Quon is a city employee who was texting with three people — his wife Jerilyn; some other private party named Steve Trujillo; and city employee April Florio, with whom Quon was having an affair.
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To make matters worse, Quon is being argued in late April, near the end of the Term, when there is very little time amidst all the other major cases to overcome these limitations and really get it right before opinions are out at the end of June.
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Ontario v. Quon is a Fourth Amendment case, but it is not an exclusionary rulecase.
The Volokh Conspiracy » “Where Is the Fourth Amendment Docket?” 2010
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