Back in 2011, when y'all were Tebowing, planking and winning, I was blogging about a case where an employer allegedly updated its employee's Facebook page and tweeted from her Twitter account without her permission while she was on leave from work following a car accident.
The Stored Communications Act prohibits intentional, unauthorized access to electronically stored communications. The employer admitted that it had accessed the employee's social media accounts. However, it claimed that it had permission because the employee left her passwords stored on a company server. So, the employer moved for summary judgment.
Opposing the motion, the employee argued that, while the company did possess the account passwords, she had told them to leave their digital fingers off of her social media accounts. This would have made the access unauthorized.
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