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Facebook Stored Communications Act

King & Spalding

Ninth Circuit Revives Claims Alleging that Facebook Violated Users’ Privacy

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On April 9, the Ninth Circuit reversed a district court’s dismissal of several privacy claims advanced in a putative class action alleging that Facebook improperly tracked its users’ browsing histories—and sold them to...more

Farella Braun + Martel LLP

Unreviewed Preservation Requests Likely to Continue

The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

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Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Kramer Levin Naftalis & Frankel LLP

Cybersecurity Update: 2018 — A Year in Review

This Update highlights key legal and policy developments in cybersecurity and privacy law that may impact important trends for 2019 and beyond. A central takeaway from 2018 is that regulators in the U.S. and abroad are...more

Morrison & Foerster LLP - Social Media

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more

Patterson Belknap Webb & Tyler LLP

Facebook Warrant Case: Stark Debate and a Divided Court

We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan...more

Alston & Bird

New York High Court Denies Facebook’s Challenge of Bulk Stored Communications Act Warrants

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The Court of Appeals for the State of New York recently rejected Facebook’s appeal of its challenge to bulk search warrants issued pursuant to the Stored Communications Act (SCA) and separately challenged the warrants’...more

Patterson Belknap Webb & Tyler LLP

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

Pillsbury - Internet & Social Media Law Blog

Discovery Rules Continue to Evolve for Cases Involving Social Media

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

Seyfarth Shaw LLP

CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

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The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v....more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

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On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Dorsey & Whitney LLP

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

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On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

Laner Muchin, Ltd.

Plaintiff Taps Into Anti-Hacker Law To Bring Claims Against Employer Who Posted On Plaintiff's Social Media Accounts

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The Fast Laner has previously addressed the headaches accessing employees’ social media accounts can create for employers, and a recent Northern District of Illinois case suggests those fears are well-founded. In Maremont v....more

Fisher Phillips

Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

Fisher Phillips on

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a...more

Nossaman LLP

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

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The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey District Court Holds That Stored Communications Act Protects Employee’s Private Facebook Posts, But Employer Still Free...

In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305-WJM-MF (D.N.J. Aug. 20, 2013), a registered nurse was fired after her employer viewed several of her controversial private Facebook posts. In a matter of...more

Foley & Lardner LLP

More Facebook Issues: This Time, It’s the Stored Communications Act

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Employer use of social media information in employment decisions has received much attention in the past couple of years. As we have previously reported, several states have passed laws precluding employers from asking for...more

Ballard Spahr LLP

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

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In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

Miller Canfield

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

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“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media....more

Morrison & Foerster LLP - Social Media

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more

Morrison & Foerster LLP - Social Media

More Trouble With Work-Related Social Media Accounts

We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have...more

Sherman & Howard L.L.C.

Taking Control of Former Executive’s LinkedIn Account Found Permissible

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act and/or the Stored Communications Act because an employer...more

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