United States v. Long

I respectfully dissent from the majority’s holding that despite the Department of Defense (DoD) log-on banner and Appellee’s consent to monitoring, she had both the subjective and objective expectation of privacy in e-mails seeking advice from her friends regarding concealing her drug use. This case impacts on the DoD policy as set forth in the banner. “DoD computer systems may be monitored for all lawful purposes.... Use of this DoD computer system, authorized or unauthorized, constitutes consent to monitoring of this system.” This banner, which appears on nearly all DoD systems, constitutes…