Federal Court Protects Facebook Wall Posts

In Ehling v.Monmouth-Ocean Hosp. Serv. Corp., the United States District Court for theDistrict of New Jersey held that the Stored Communications Act (SCA) protectsprivate Facebook wall posts from unauthorized user access.

The SCA is a pre-Internet statute that “generally prohibitsunauthorized access to non-public electronic communications that weretransmitted by an electronic communication system and are in electronicstorage.”

Despite the court’s holding that the plaintiff’s private Facebookwall posts were protected, the court still granted summary judgment against theplaintiff because she had authorized a “friend” to see the posts.  The friend then sent screenshots to heremployer, which led to her suspension.  Thecourt held the suspension was permissible under the SCA’s “authorized user”exception. 

See John Connelly,United States: District Court Holds ThatStored Communications Act Protects Private Facebook Posts, Mondaq, Sept.12, 2013.

Special thanks to Brian Cohan (Attorneyat Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to myattention.