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Social Media Law: Is It a Federal Crime for an Employee to Check Facebook While Working? Judge Alex Kozinski Rules.

In Legal News, Trial by FASHIONENTLAW™

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“No, checking Facebook on work computer isn’t a federal crime.

That’s the opinion of the U.S. Court of Appeals for the Ninth Circuit, anyway. In a ruling by Chief Judge Alex Kozinski Tuesday, the court rejected the government’s broad interpretation of an anti-hacking statute called the Computer Fraud and Abuse Act.

Judge Kozinski, writing for an 11-judge panel, explained the stakes in the introduction of his ruling:

Many employers have adopted policies prohibiting the use of work computers for nonbusiness purposes. Does an employee who violates such a policy commit a federal crime? How about someone who violates the terms of service of a social networking website? This depends on how broadly we read the Computer Fraud and Abuse Act.

The government argued that CFAA targeted both hackers and people who are authorized to use a computer, but do so for an unauthorized purpose. The Ninth Circuit, however, ruled that the law doesn’t extend to violations of use restrictions.

“Were we to adopt the government’s proposed interpretation, millions of unsuspecting individuals would find that they are engaging in criminal conduct,” Kozinski wrote. . .” – WSJ Law Blog has the full story.


Photocredit: Washington Examiner

Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email (uduak@ebitulawgrp.com). You may also follow her on twitter at @uduaklaw

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