Posted in Employment and labor, General, PrivacyAfter January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law. Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading
The following non-exhaustive list of state, federal, and foreign statutes may apply to social media issues. Anti-SLAPP (U.S. state law) – provides protection against Strategic Lawsuits Against Public Participation (“SLAPP”). See our posts on anti-SLAPP. Americans With Disabilities Act (“ADA”) – U.S. federal law that prohibits discrimination based on disability. See our posts on ADA. Canada’s Anti-Spam … Continue reading
Posted in LitigationOn August 29, 2013, the District of New Jersey ruled that the federal Stored Communications Act (“SCA”) covers “private” Facebook wall posts. The plaintiff, a registered nurse and paramedic, sued her former employer in federal court asserting a number of claims including violations of the SCA. The SCA prohibits unauthorized access of stored wire and … Continue reading
Posted in PrivacyThe Electronic Communications Privacy Act (“ECPA”) prohibits interception of “any wire, oral, or electronic communication.” 18 U.S.C. § 2511. Electronic communication is defined as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.” 18 U.S.C. … Continue reading
