期刊名称:Michigan Telecommunications and Technology Law Review
印刷版ISSN:1528-8625
出版年度:2013
卷号:19
期号:2
页码:201-278
出版社:University of Michigan Law School
摘要:Who has the superior right to a social network account? This is the question in a growing number of disputes between employers and workers over social network accounts. The problem has no clear legal precedent. Although the disputes implicate rights under trademark, copyright, and privacy law, these legal paradigms fail to address the core issue. At base, disputes over social network accounts are disputes over the right to access the people, sometimes numbering in the tens of thousands, who follow an account. This Article evaluates the problem from the perspective of the public interest in social network use, particularly the use that blurs professional and personal roles. The Article argues that the public interest is best served by resolving these disputes under a trade secret approach.
关键词:Social networks; Accounts; Passwords; Internet; Public interests; Trade secrets; Employers; Employees; Trademark law; Copyright law; Right to privacy; Twitter; Personal property; Facebook