By way of legal background, the Electronic Communications Privacy Act (“ECPA”), enacted in 1986, is comprised of two statutes: the Wiretap Act and the Stored Communications Act. Historically, most litigation arising under the ECPA has involved the Wiretap Act, that is, where there are “interceptions” of wire, audio or aural communications (for example, listening to an employee’s phone call).
However, with the social media revolution, the Stored Communications Act (“SCA”) now is coming into play. Generally speaking, in the employment context, the SCA makes it unlawful for an employer to have unauthorized access to an employee’s private social media sites. Continue reading Forget the Fockers: Meet the Stored Communications Act