According to the court, the employer repeatedly told its employees that "all email communications would remain confidential and privileged" and that "e-mail communications could not be used by [the company] against its employees as grounds for termination." Even with that promise, the employer intercepted the communications of Michael Smyth and fired him. The court held that:
We do not find a reasonable expectation of privacy in e-mail communications voluntarily made by an employee to his supervisor over the company e-mail system notwithstanding any assurances by management. Once plaintiff communicated the alleged unprofessional comments to a second person over an e-mail system which was apparently utilized by the entire company, any reasonable expectation of privacy was lost .... we find no privacy interests in such communications. We do not find that a reasonable person would consider the defendant's interception of these communications to be a substantial and highly offensive invasion of his privacy"A copy of the decision used to be available at: http://www.epic.org/privacy/internet/smyth_v_pillsbury.html