The latest case comes from Pennsylvania and involves an employee?s claim that her former employer violated the Computer Fraud and Abuse Act (CFAA) when it took control of her LinkedIn account after she was terminated.[1] Last week the judge ruled that the employee ? Dr. Linda Eagle ? could not continue with her CFAA claim and that it should be dismissed before trial.
?In other words, Plaintiff asks the Court to rely on pure conjecture to find ? that she suffered ?loss? for purposes of the CFAA.? ??Judge Ronald L. Buckwalter
However, although Eagle?s federal CFAA and Lanham Act claims were rejected, she is permitted to proceed to trial under various state law causes of action. These state law causes of action include identity theft, tortious interference with contract, misappropriation of publicity?and civil conspiracy. Judge Ronald L. Buckwalter will continue to hear the case under supplemental jurisdiction. ?The trial is set for October 16, 2012.
So who owns the account? What do you think?
For more information about the case click the links below:
11-4303 ? Eagle v. Morgan et al
Employer Takeover of Employee?s LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains
Judge Allows LinkedIn Account to be Stolen by Employer
Judge: Takeover of employee LinkedIn account doesn?t violate hacking law
And for more information about continuing legal education, please click the links below:
California CLE Page
New York CLE Page
Texas CLE Page
[1] The CFAA mandates that the plaintiff demonstrate that he or she was harmed by the defendant?s unauthorized access to a computer system.?The CFAA states: ?[a]ny person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator.?
Source: http://www.attorneycredits.com/wordpress/2012/10/who-owns-a-social-media-account/
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