Serwin on Electronic Monitoring Laws

Recent cases, including Warshak v. United States, have signaled a shift in the law of electronic monitoring. Andy Serwin, a partner in Foley’s San Diego office, authored the article, “Case Could Signal Shift in the Law of Electronic Monitoring,” which was published in the July 10 issue of the San Diego Daily Transcript. Serwin said that Warshak was the first time the court considered the identity of the court order recipient, Yahoo!, and raised new questions. In several other recent cases, the court has considered whether an expectation of privacy exists merely through employer’s policies or whether the employer actually monitors e-mails.