Social Media Account Ownership

News & Analysis as of

The Growing Scrutiny of Social Media by U.S. Courts and Agencies

The evolution of social media in business from “occasional accessory” to “integral component” has in turn forced the law itself to evolve in an attempt to address social media’s increasing relevance. Recent developments in...more

New Social Media Privacy Law in Maine

Maine has a new Employee Social Media Privacy law that prohibits employers from requiring employees and job applicants to provide access to their social media accounts. In passing the law, Maine joins at least twenty other...more

Montana Is 20th State To Restrict Employer Access To Personal Social Media Accounts

Recently, Montana became the 20th state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring or...more

Debtor’s Founder Ordered to Turn Over Social Media Accounts to Reorganized Company

A recent bankruptcy court decision highlights the importance of Facebook pages, Twitter accounts, and similar social media assets in today’s business marketplace. It’s not always clear how these might be best protected, but...more

Demanding Access To Social Media And Personal Information - Is It Legal?

Employers, both public and private, are using social media websites such as Facebook, Twitter, Instagram, and LinkedIn, to learn about prospective or current employees. Some employers have even gone so far as to request that...more

Twitter Terrorism: Criminals Choose the Hack Attack

In what appears to be yet another brazen demonstration of capability following an earlier hijack of government social media sites, a group calling itself the Syrian Electronic Army (SEA) recently hacked into the U.S. Army’s...more

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no...more

MIND YOUR OWN BUSINESS!: New Employment Laws for Social Media Accounts

The Nutshell - Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts....more

California introduces ‘opt-in’ digital assets bill

On June 8, 2015, it was reported that the California legislature is considering a new bill, A.B. 691, which would set forth the procedure for handling a deceased individual’s digital assets, including their social media...more

Connecticut Limits Employer Access to Employees’ Personal Online Accounts

On May 19, 2015, Governor Dannel P. Malloy of Connecticut signed Public Act No. 15-6, entitled “An Act Concerning Employee Online Privacy” (“Act”), which will prohibit employers in Connecticut from requiring access to their...more

Oregon social media law signed by Governor

Yesterday, Oregon Governor Kate Brown signed into law a new social media law in Oregon, the first in the nation, that limits employers from requiring employees to have social media accounts for employment, and to require...more

Delaware Enacts Law Governing Access To Digital Records After Death

On August 12, Delaware Governor Jack A. Markell signed the Digital Access and Digital Accounts Act, the first law in the nation to comprehensively govern access to a person’s digital assets, including social media and email...more

Delaware Grants Access to Social Media After Death

Delaware has become the first state to enact the Uniform Fiduciary Access to Digital Assets Act (the "Act") The Uniform Law Commission describes the act as a law "that will vest fiduciaries with at least the authority to...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Special Report: Social Media Roundup

Social Media Roundup - Rhode Island, Louisiana, New Hampshire, and Oklahoma are the latest states to provide prospective and/or current employees with increased social media protections, following Tennessee, Wisconsin,...more

Estate Planning for Social Media and Electronic Gadgets?

A rapidly growing number of people do everything online, from managing their banking to storing their photos, writing the next best-seller, or documenting the next great invention. Yet few of them have read the Terms of...more

Social Media & Games: 2013 Year in Review

2013 was an incredibly active year for social media legal issues. Below are selected highlights on some of the more interesting legal issues that impacted social media, along with links to reference material relating to the...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

Taking Legal Control Of The Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? ...more

Tales from the (En)crypt(ed): What Happens to Your Online Account Information When You Die?

Have you ever wondered what happens to your online account information when you die? Well, in a few days, the Uniform Law Commission (ULC) will be considering this very issue – fiduciary access to digital assets – at its...more

Trade Secret Litigation Over Social Media: Is It Worth The Cost?

With the continually increasing popularity of social media websites like Facebook, Twitter, and LinkedIn, where members can be connected to friends, family members, co-workers, clients, and potential clients all by logging in...more

Oregon Says No to Employers Accessing Applicant and Employee Personal Social Media Accounts

On May 22, 2013, Oregon's governor signed HB 2654, which amends the state's existing antidiscrimination statute to restrict employer access to applicants' and employees' personal password-protected social media accounts....more

Colorado and Washington Join Growing List of States Prohibiting Employer Access to Employee Social Media Accounts

Colorado on May 12, 2013 and Washington on May 21, 2013 joined the likes of California, Maryland, Utah and New Mexico by prohibiting employers from requesting that prospective and current employees disclose their username and...more

Washington State Joins Trend of New Social Media Laws

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?  [Video]

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

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