In Eagle v. Edcomm, No. 11-4303, 2012 U.S.Dist. LEXIS 143614 (E.D.PA. October 3, 2012), U.S. District Senior Judge Ronald L. Buckwalter for the Eastern District of Pennsylvania granted defendant Edcomm’s motion for summary judgment regarding all federal claims brought under the Computer Fraud and Abuse Act, 18 U.S.C. §1030 (CFAA), and the Latham Act, 15 U.S. C. §1125. In rejecting Dr. Linda Eagle’s claim that Edcomm’s shutting her out of the LinkedIn account she had maintained violated the statutes, the court noted that she did so at Edcomm’s recommendation and with its help, and under Edcomm’s policy. The court, however, disagreed with Edcomm’s final argument that, with the federal claims having been dismissed, the court should decline to exercise supplemental jurisdiction over the pendent state law claims of identity theft and related claims.
The opinion is instructive not only as to its treatment of the specific issue of who “owns” social media used in the workplace, but also as a warning to employers and employees that such issues will increase in number as social media continues to proliferate and so workplaces should craft and enforce policies addressing these concerns.
The Facts and the Decision
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