In United States v. Hamilton, 701 F.3d 404 (4th Cir. 2012) (No. 11-4847), the Fourth Circuit held that it was not an abuse of discretion by the district court to find waiver of the marital communications privilege where the email communications were made on the husband’s work computer.  The husband, who in 2006 was simultaneously an elected state legislator and a part-time public school teacher, was convicted of bribery for soliciting a job from a state university in exchange for his legislative support of a grant for the university.  Using his public school computer and email account, the husband sent incriminating emails to his wife discussing their financial difficulties and the terms the husband hoped to negotiate with the university.  In 2006, the school had no computer use policy.  Later, prior to the government’s investigation, the school adopted a policy stating that users had no expectation of privacy in their use of the school’s computer system and all information sent, received, or stored was subject to inspection and monitoring at any time.  The district court allowed the emails into evidence over husband’s objection, and husband appealed, arguing that the emails were protected by the federal marital communications privilege recognized by the Supreme Court in Wolfe v. United States, 291 U.S. 7 (1934).  The Fourth Circuit found no abuse of discretion on the grounds that husband had waived the privilege.  Although there was no computer use policy in 2006 when the emails were created, the husband was aware that a policy was subsequently adopted, and husband took no steps to protect the emails even after he was aware that his employer could review stored emails at its discretion. The court rejected the argument submitted by amicus, the Electronic Privacy Information Center, which argued that it was “extreme” to “require an employee to scan all archived emails and remove any that are personal and confidential every time the workplace use policy changes,” when “employees may not even be aware that archived emails exist or know where to find them.”