@revelette1,
Another specious argument offered in that article:
Quote:The memorandum of understanding between the GSA and Trump— advises the Trump transition that “Office of the President-elect staff members will be required to individually sign and accept [government furnished] laptop and Smartphone while accepting IT Rules of Behavior to safeguard the assets and the integrity of the network infrastructure.”
Those rules of behavior include a privacy waiver, which notes that, “Users have no expectation of privacy on GSA IT resources since all activities are subject to monitoring.”
The "reasoning" here is worthless for at least three reasons:
1. Agreeing to follow rules designed to "safeguard the assets and the integrity of the network infrastructure," does not mean, and cannot mean, that they are agreeing to accept terms which apply only to government employees, which they are NOT. The work product of government employees pertaining to government business on government time is not their private property, so, naturally, FOR THEM, there is no expectation of privacy. Not so with transition team members.
2. As I have said before, any waiver of a constitutional right (such as to be free from unreasonable search and seizure of your private property) MUST be explicit. Even assuming the quoted language applied to the transition team (it doesn't) this boilerplate fine print would not suffice to establish an informed consent to waive your constitutional rights.
3. Likewise, (to address an argument advanced in another post) acknowledging that the GSA had the right to "audit" and "monitor" the use of it's resources to protect against waste, fraud, and theft, is not a CONSENT to confiscate all your private emails. I have already cited authoritative articles which clearly state, for example, that even if a tenant gives (consents to) a landlord a right to "inspect" his premises for limited management purpose, that consent CANNOT be used to justify an warrrantless search for evidence of a crime. Same deal here.