Case Problem Analysis: Privacy and Internet Law

Jason was a driver for FloralSend, a flower delivery company. Jason used a company$-$owned cell phone and truck during his workday of delivering flowers to local homes and businesses. Jason regularly failed to meet his delivery quota, citing heavy traffic and mechanical issues with his truck. Without Jason knowing, Jason's manager logged in into the global positioning system on Jason's work phone during his workday. The manager discovered that the truck was taking substantial detours off its regularly scheduled route to local bars. Incensed, the manager called Jason into his office and demanded that Jason give him access to his private, friends$-$only Twitter account. On the account, the manager discovered multiple tweets of Jason bragging to his friends about how boring his job is at FloralSend because all he does is$,$ "drive around a truck all day." FloralSend immediately terminated Jason's employment. Did FloralSend commit the tort of intrusion by violating his privacy when it accessed Jason's work phone and Twitter account?

Identifying the Facts and Issues

Under the Fourth Amendment to the Constitution, courts recognize a right to privacy. In order to show this right to privacy, a

person must demonstrate that he possessed a$($n$)$ and

$$ expectation of privacy. A person must also demonstrate tha $$ accepts the person's privacy expectation as reasonable. The Fourth Amendment to the Constitution apply to private businesses. However, judges use this concept in many areas of privacy law.

In order to prove the tort of intrusion, a plaintiff must first show that a defendant

$$ intruded on the solitude or