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. However, with the social media revolution, the Stored Communications Act (“SCA”) now is coming into play.
There is a growing legislative movement to pass laws that prohibit employers from requiring employees to turn over their social media (i.e., Facebook) passwords. Such a bill was introduced in the Florida Senate on September 25, 2013 by Senator Jeff Clemens, a Democrat from Lake Worth.