The U.S. Supreme Court will decide whether a police officer had a reasonable expectation of privacy in text messages sent on an employer-issued pager in City of Ontario v. Quon. The court will review the decision of the federal Ninth Circuit Court of Appeals, initially reported in our February 2008 FEB Update [http://www.fenwick. com/publications/6.5.4.asp?mid=31], that plaintiff had an enforceable expectation of privacy based upon a city administrator’s statement that the city would not audit pager use so long as the employee paid for any excess use. The statement was contrary to a written employer policy that employees should expect no privacy in their use of the employer’s electronic resources.