Question:
Reno, Nevada, police officers John Bohach and Jon Catalano communicated with each other on the Alphapage computer system, typing messages on a keyboard and sending them to each other by use of a “send” key. The computer dials a commercial paging company, which receives the message by modem, and the message is then sent to the person paged by radio broadcast. When the system was installed, the police chief warned that every Alphapage message was logged on the network, and he barred messages that were critical of department policy or discriminatory. The two police officers sought to block a department investigation into their messages and prevent disclosure of the messages’ content. They claimed that the messages should be treated the same as telephone calls under federal wiretap law. The department contended that the system was essentially a form of e-mail whose messages are by definition stored in a computer, and the storage was itself not part of the communication. Was the federal wiretap law violated? [Bohach v City of Reno, 932 F Supp 1232 (D Nev)]