Reading ComprehensionDifficulty: Medium

PT102 S1 P1 Q6 Explanation

Office Email Privacy

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsMust be FalseLaw

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Passage

Most office workers assume that the messages they send to each other via electronic mail are as private as a telephone call or a face-to-face meeting. That assumption is wrong. Although it is illegal in many areas for an employer to eavesdrop on private conversations or telephone calls—even if they take place has emerged as one of the more complicated legal issues of the electronic age.

People’s opinions about the degree of privacy that electronic mail should have vary depending on whose electronic mail system is being used and who is reading the messages. Does a government office, for example, have the right to destroy electronic messages created in the course of running the government, thereby denying public should thus have the right to review any documents created during the conducting of government business.

Questions about electronic mail privacy have also arisen in the private sector. Recently, two employees of an automotive company were discovered to have been communicating disparaging information about their supervisor via electronic mail. The supervisor, who had been monitoring the communication, threatened to fire the employees. When the employees filed a grievance owned the computer system, its supervisors had the right to read anything created on it.

In some areas, laws prohibit outside interception of electronic mail by a third party without proper authorization such as a search warrant. However, these laws do not cover “inside” interception such as occurred at the automotive company. In the past, courts have ruled that interoffice communications may be considered private only if unfortunately, such complex codes are likely to undermine the principal virtue of electronic mail: its convenience.

What this question is testing

Must be False

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
6.

Given the information in the passage, which one of the following hypothetical events is LEAST

Answer choices

  1. Compatible2% picked this

    A court rules that a government office’s practice of deleting its electronic mail is not in

    The passage spoke in the 2nd paragraph about the fact that there are people opposed to the idea of allowing government offices to delete their emails, since those emails usually contain info like "when it was sent / to whom it was sent" that paper versions don't contain. If a court were to find this rationale compelling, then it's reasonable that a court would say, "Yeah, they're right -- government offices, you're not allowed to delete email. It's in the public's best interest to have those emails available if needed."

  2. Compatible11% picked this

    A private-sector employer is found liable for wiretapping an office telephone conversation in which two employees exchanged disparaging

    The 1st paragraph says, "although it is illegal in many areas for an employer to eavesdrop on private conversations or telephone calls", so it seems very possible that an employer could be found liable for doing so.

  3. Correct71% picked this

    A court upholds the right of a government office to destroy both paper and electronic versions

    Why this is right

    The middle of the 2nd paragraph says that people who think government offices should be able to delete their emails point to the fact that these emails "already exist in paper versions whose destruction is forbidden." So it goes against something we were told if a court says, "Yes, government office, you're totally allowed to destroy paper versions of your in-house documents".

    Skill tested: Must be False · how this choice captures the passage's function is the move to repeat next time.

  4. Compatible3% picked this

    A court upholds a private-sector employer’s right to monitor messages sent between employees over the company’s

    The passage spoke in the 3rd paragraph about a situation in which employees were disparaging their supervisor within in-house emails. The supervisor was monitoring those messages and fired the employees. The court upheld the supervisor's right to do that: "because the company owned the computer system, its supervisors had the right to read anything created on it".

  5. Compatible12% picked this

    A court rules in favor of a private-sector employee whose supervisor stated that in-house electronic mail would not be monitored but later fired the

    The passage spoke in the 4th paragraph about the fact that "courts have ruled that interoffice communications may be considered private only if employees have a 'reasonable expectation' of privacy when they send the messages". In this answer choice, the supervisor stated that "in-house email will not be monitored". That provides the employee with a reasonable expectation of privacy. Thus, we wouldn't be surprised to hear that the court sides with the employee in this case.

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