Final answer:
Ben would likely have a viable claim under the Electronic Communications Privacy Act if his employer monitored his personal emails on a company-owned device, assuming no consent was given by Ben for such monitoring and absent any company policy allowing for it.
Step-by-step explanation:
Ben's claim for a violation of the Electronic Communications Privacy Act (ECPA) would most likely be viable in the case of his employer monitoring personal emails on a company-owned device. Under the ECPA, employers are generally allowed to monitor work-related communications, such as work-related emails and calls, especially if they are conducted using employer-owned systems and devices. However, the Act provides more stringent protections for personal communications.
Barring specific policies or employee consent which may provide the employer some leeway, the monitoring of personal emails without consent can be considered a breach of ECPA provisions. This answer assumes that there has been no explicit or implied consent given by Ben to monitor his personal emails. In real-world situations, company policies may vary, and the legality of monitoring personal communications can depend on numerous factors, including the nature of the business and applicable state laws. For personal calls made on a company-owned device, the situation could be similar, but this too can depend on company policy and employee's understanding of such policies.