Older persons becoming involved, not just for teens and college students anymore. Women over 40 a fashion growing group. Powerful communication medium.
Based on this ruling, it is likely a violation of the SCA for employers to go to employee’s work computer and retrieve keystrokes to accesss passwords and private social media account information.
Jan Michelsen No federal statute restricts obtaining or using information from the web.
Age-old question in employment law – whether an employee acts voluntarily when he or she acts under threat of termination. Employers claim it is voluntary because the worker chose to comply rather than work somewhere else. Clearly here the court disagreed, but it is not an open and shut case and could have gone the other way in a different court.
“ Occasional personal use permitted.” Court expressed considerable doubt as to whether a policy that all personal emails were Company property would be enforceable in any case, saying it does not further a legitimate business interest. Only limited circumstances, like trying to stop disclosure of confidential info or defamation. Court ordered return and deletion of all emails and sent the case back to the trial judge to determine whether the Company’s outside counsel should be disqualified for having read and retained the privileged emails.