Pennsylvania Federal Court Dismisses Employee’s Computer Fraud and Abuse Act Claim Based Upon Employer’s Alleged Improprer Access of LinkedIn Account: No Cognizable Damages

Ownership of company social media accounts has recently become a hot topic in the legal industry, and with its decision in Eagle v. Morgan, 2012 WL 4739436, E.D.Pa., October 04, 2012 (NO. CIV.A. 11-4303) this past week, the Eastern District of Pennsylvania has added fuel to the fire.

Edcomm, a banking education company, was initially run by Dr. Linda Eagle. In 2010, Sawabeh Information Services Company (“SISCOM”) purchased the outstanding common shares of Edcomm. While she was president of the company, Dr. Eagle established an account on LinkedIn. Another employee assisted her in maintaining the account, which was used “to promote Edcomm’s banking education services; foster her reputation as a businesswoman; reconnect with family, friends, and colleagues, and build social and professional relationships.” Edcomm’s general, informal policy was that when an employee left the company, the company would, in effect, “own” the account, and could “mine” the incoming traffic and the information on the account, as long as its actions did not rise to the level of stealing an employee’s identity.

 

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