Infringement of privacy?

[brewmaster15]

http://xfinity.comcast.net/articles/news-national/20120320/US.Job.Applicants.Facebook/?cid=hero_media



This kind of stuff really bothers me. I am huge proponent of personal privacy and this trend is really striking a raw note with me. I can understand employers using public posted information on potential job candidates, but asking for your facebook passwords and email passwords to your private accounts...I can't believe that its come to this.. It may sound orwellian but whats next ...microchipping your employees? I know there are some that will say, "hey it doesn't affect me..I have nothing to hide." and alls I can say to that is... You are missing the point, The losses of personal freedom and privacy we are facing daily have an incrememental effect that adds up. We've already lost much of what we had as little as a few years ago,or decades ago.

-al



job seekers getting asked for Facebook passwords
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By MANUEL VALDES and SHANNON MCFARLAND, AP
2 hours ago
news-national-20120320-US.Job.Applicants.Facebook

Robert Collins of Baltimore poses for a photo Friday, March 16, 2012 at Cylb...

SEATTLE — When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password.

Bassett, a New York City statistician, had just finished answering a few character questions when the interviewer turned to her computer to search for his Facebook page. But she couldn't see his private profile. She turned back and asked him to hand over his login information.

Bassett refused and withdrew his application, saying he didn't want to work for a company that would seek such personal information. But as the job market steadily improves, other job candidates are confronting the same question from prospective employers, and some of them cannot afford to say no.

In their efforts to vet applicants, some companies and government agencies are going beyond merely glancing at a person's social networking profiles and instead asking to log in as the user to have a look around.

"It's akin to requiring someone's house keys," said Orin Kerr, a George Washington University law professor and former federal prosecutor who calls it "an egregious privacy violation."

Questions have been raised about the legality of the practice, which is also the focus of proposed legislation in Illinois and Maryland that would forbid public agencies from asking for access to social networks.

Since the rise of social networking, it has become common for managers to review publically available Facebook profiles, Twitter accounts and other sites to learn more about job candidates. But many users, especially on Facebook, have their profiles set to private, making them available only to selected people or certain networks.

Companies that don't ask for passwords have taken other steps — such as asking applicants to friend human resource managers or to log in to a company computer during an interview. Once employed, some workers have been required to sign non-disparagement agreements that ban them from talking negatively about an employer on social media.

Asking for a candidate's password is more prevalent among public agencies, especially those seeking to fill law enforcement positions such as police officers or 911 dispatchers.

Back in 2010, Robert Collins was returning to his job as a security guard at the Maryland Department of Public Safety and Correctional Services after taking a leave following his mother's death. During a reinstatement interview, he was asked for his login and password, purportedly so the agency could check for any gang affiliations. He was stunned by the request but complied.

"I needed my job to feed my family. I had to," he recalled,

After the ACLU complained about the practice, the agency amended its policy, asking instead for job applicants to log in during interviews.

"To me, that's still invasive. I can appreciate the desire to learn more about the applicant, but it's still a violation of people's personal privacy," said Collins, whose case inspired Maryland's legislation.

Until last year, the city of Bozeman, Mont., had a long-standing policy of asking job applicants for passwords to their email addresses, social-networking websites and other online accounts.

And since 2006, the McLean County, Ill., sheriff's office has been one of several Illinois sheriff's departments that ask applicants to sign into social media sites to be screened.

Chief Deputy Rusty Thomas defended the practice, saying applicants have a right to refuse. But no one has ever done so. Thomas said that "speaks well of the people we have apply."

When asked what sort of material would jeopardize job prospects, Thomas said "it depends on the situation" but could include "inappropriate pictures or relationships with people who are underage, illegal behavior."

In Spotsylvania County, Va., the sheriff's department asks applicants to friend background investigators for jobs at the 911 dispatch center and for law enforcement positions.

"In the past, we've talked to friends and neighbors, but a lot of times we found that applicants interact more through social media sites than they do with real friends," said Capt. Mike Harvey. "Their virtual friends will know more about them than a person living 30 yards away from them."

Harvey said investigators look for any "derogatory" behavior that could damage the agency's reputation.

E. Chandlee Bryan, a career coach and co-author of the book "The Twitter Job Search Guide," said job seekers should always be aware of what's on their social media sites and assume someone is going to look at it.

Bryan said she is troubled by companies asking for logins, but she feels it's not a violation if an employer asks to see a Facebook profile through a friend request. And she's not troubled by non-disparagement agreements.

"I think that when you work for a company, they are essentially supporting you in exchange for your work. I think if you're dissatisfied, you should go to them and not on a social media site," she said.

More companies are also using third-party applications to scour Facebook profiles, Bryan said. One app called BeKnown can sometimes access personal profiles, short of wall messages, if a job seeker allows it.

Sears is one of the companies using apps. An applicant has the option of logging into the Sears job site through Facebook by allowing a third-party application to draw information from the profile, such as friend lists.

Sears Holdings Inc. spokeswoman Kim Freely said using a Facebook profile to apply allows Sears to be updated on the applicant's work history.

The company assumes "that people keep their social profiles updated to the minute, which allows us to consider them for other jobs in the future or for ones that they may not realize are available currently," she said.

Giving out Facebook login information violates the social network's terms of service. But those terms have no real legal weight, and experts say the legality of asking for such information remains murky.

The Department of Justice regards it as a federal crime to enter a social networking site in violation of the terms of service, but during recent congressional testimony, the agency said such violations would not be prosecuted.

But Lori Andrews, law professor at IIT Chicago-Kent College of Law specializing in Internet privacy, is concerned about the pressure placed on applicants, even if they voluntarily provide access to social sites.

"Volunteering is coercion if you need a job," Andrews said.

Neither Facebook nor Twitter responded to repeated requests for comment.

In New York, Bassett considered himself lucky that he was able to turn down the consulting gig at a lobbying firm.

"I think asking for account login credentials is regressive," he said. "If you need to put food on the table for your three kids, you can't afford to stand up for your belief."

___

McFarland reported from Springfield, Ill.

[Skip]

F that!!

[John_Nicholson]

F that!!

X2

[Chicago Discus]

Thats really crazy, I never heard of a hiring practice thats asks for your passwords for social networks. It doesn't surprise me that this practice exists..........Josie

[YSS]

They can ask whatever they want. I don't see anything wrong with a company doing their best to screen candidates as long as it's not illegal. If you don't want to give out the info, go find work somewhere else. If enough people turn them down, they will learn not to ask, but as long as people comply, they will not stop asking. I would not work for a company/organizations that ask your passwords. But look at it this way, I have a clearance and you have to give out a lot of information and the investigators ask a ton of personal questions to you and the people you listed on the form. Your facebook profile has nothing on them. Try getting a top secret clearance.

[brewmaster15]

The New 10 step hiring program...
1) Enter building for interview, and give DNA sample/swab & SALIVA
2) Urine sample for drug use and alcohol
3) blood test for prescreening of genetic diseases and predispositions (don't worry, it won't affect your health coverage)
4)polygraph test
5)Fingerprint and background test
6)Turn over Email passwords (don't worry its confidential)
7)Turn over Social Media passwords (privacy? whats that?)
8)Credit card statements( hey we already can use your credit scores...so why not let us see what you are spending your money on)
9)If married.... spouse must undergo numbers 1-8 ( hey, you did agree to "for better or for worse" besides, we'll tell you if anything raises a flag)
10) Congrats, you are hired ...just sign these forms in triplicate agreeing to the next 4 pages of microscopically small print, and report to the company health clinic..be sure to tell them whether you want a biochip located implanted in your left or right arm.

WE look forward to having you join our company, at least until we can hire someone for less money thats just as accomodating as you are. Have a nice day.

[Chicago Discus]

The New 10 step hiring program...
1) Enter building for interview, and give DNA sample/swab & SALIVA
2) Urine sample for drug use and alcohol
3) blood test for prescreening of genetic diseases and predispositions (don't worry, it won't affect your health coverage)
4)polygraph test
5)Fingerprint and background test
6)Turn over Email passwords (don't worry its confidential)
7)Turn over Social Media passwords (privacy? whats that?)
8)Credit card statements( hey we already can use your credit scores...so why not let us see what you are spending your money on)
9)If married.... spouse must undergo numbers 1-8 ( hey, you did agree to "for better or for worse" besides, we'll tell you if anything raises a flag)
10) Congrats, you are hired ...just sign these forms in triplicate agreeing to the next 4 pages of microscopically small print, and report to the company health clinic..be sure to tell them whether you want a biochip located implanted in your left or right arm.

WE look forward to having you join our company, at least until we can hire someone for less money thats just as accomodating as you are. Have a nice day.

Thats funny I did 1,2,3,4,5 and 8 to get hired years ago.....LOL..........Josie

[brewmaster15]

They can ask whatever they want. I don't see anything wrong with a company doing their best to screen candidates as long as it's not illegal. If you don't want to give out the info, go find work somewhere else. If enough people turn them down, they will learn not to ask, but as long as people comply, they will not stop asking. I would not work for a company/organizations that ask your passwords. But look at it this way, I have a clearance and you have to give out a lot of information and the investigators ask a ton of personal questions to you and the people you listed on the form. Your facebook profile has nothing on them. Try getting a top secret clearance.

Yun, this is part of the problem. They should not even be asking this...and that they have been is a sign that people are really getting lax in protecting their rights... "its none of your business" used to mean something and now doesn't because we allowed this erosion of rights to occur. And though you are correct that you have the choice to not work for them, as the article points out , its coercion if you really need a job. Since this recession hit more and more companies are abusing workers like this. ...just a short while ago it was in the news that companies where making rules where you would not be considered for a job if you had been laid off.... why...because times are so desparate that its easy to get away with what normally would not have been acceptible. Trouble is this sets a precedent that will continue on well after the recession.

-al

[John_Nicholson]

Yun, this is part of the problem. They should not even be asking this...and that they have been is a sign that people are really getting lax in protecting their rights... "its none of your business" used to mean something and now doesn't because we allowed this erosion of rights to occur. And though you are correct that you have the choice to not work for them, as the article points out , its coercion if you really need a job. Since this recession hit more and more companies are abusing workers like this. ...just a short while ago it was in the news that companies where making rules where you would not be considered for a job if you had been laid off.... why...because times are so desparate that its easy to get away with what normally would not have been acceptible. Trouble is this sets a precedent that will continue on well after the recession.

-al

Well said. You know me I lose my ever loving mind when I see people giving up rights.....Most have no long term vision to see what it leads too.

-john

[YSS]

Yun, this is part of the problem. They should not even be asking this...and that they have been is a sign that people are really getting lax in protecting their rights... "its none of your business" used to mean something and now doesn't because we allowed this erosion of rights to occur. And though you are correct that you have the choice to not work for them, as the article points out , its coercion if you really need a job. Since this recession hit more and more companies are abusing workers like this. ...just a short while ago it was in the news that companies where making rules where you would not be considered for a job if you had been laid off.... why...because times are so desparate that its easy to get away with what normally would not have been acceptible. Trouble is this sets a precedent that will continue on well after the recession.

-al

I agree it's part of the problem. My understanding is that the younger folks are a lot less concerned with the privacy issue than us older :) folks and this is encouraging this type of behavior from the hiring organizations. I only hope that I never have to give out my passwords to get a job. If it comes down to that, I will just delete my account. I actually just joined fb in december but don't care much for it.

[YSS]

Thats funny I did 1,2,3,4,5 and 8 to get hired years ago.....LOL..........Josie

Wow, that's not funny. I understand you are in law enforcement, but really?

[Skip]

Thats funny I did 1,2,3,4,5 and 8 to get hired years ago.....LOL..........Josie

was the job at GATTACA?

[Discus-n00b]

Yeah no thanks. Thats why my profile is private except for accepted friends and I would never give out email/pass to an employer, ESPECIALLY not a POTENTIAL employer.


Thats funny I did 1,2,3,4,5 and 8 to get hired years ago.....LOL..........Josie

I'm actually going through those currently LOL. Had to do many of them for the Military too. I do annual blood tests and monthly urine tests. I'll be doing a polygraph and urine test next week for a Law Enforcement job. Though I don't really consider these to be the same thing as the email and passwords. I'm all for drug free workplaces and people working if not a drug addict so if they have to test me and others to see we are not one of those.....be my guest, by all means. But an email/password is different then that, you are going to go diving into personal information, relationships, etc....why? Who I hang out with, date, etc has NO impact on how I do my job and it does not concern that company in the least. Facebook isn't going to list criminal convictions, drug use (usually, i'm sure there are stupid people out there), work ethic on the profile....it doesn't list stuff that a job would need to know. IMO its a way for them to discriminate and weed out candidates they don't like because of their hobbies, friends, and relationships. Not to mention, its a way to monitor and micromanage employees. Joe calls in sick, but then posts a status from Walt Disney World, the company takes action. No thanks.

So if a candidate gives this information, then changes it after being hired, or waters down their profile before giving the information, so the comapny no longer has access to it....do they get fired? Hmmm.

[nc0gnet0]

Don't even get me started on the Patriot act.........


"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."........Ben Franklin.

[Second Hand Pat]

Don't even get me started on the Patriot act.........


"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."........Ben Franklin.

The Patriot act is so wrong

[SeaDragon]

Random thought, but I wonder what they would do if you told them that you don't have a Facebook. I would assume they would think your hiding something and end the interview.


Julia
Sent from my Styrofoam fish box fort using Tapatalk

[Darrell Ward]

The whole country went a little nuts after the 9/11 thing. No stuffing the genie back in the bottle now I'm afraid, and big corporations are taking full advantage of it. Just look at the hundreds of millions they are putting into elections this year, with the goal of "making" even more public policy. One day, the country will probably be renamed, "The Corporate States of America"! LOL! The days from my youth, where no one cared what you did, as long as you showed up for work on time, and did a good job, are long gone. I miss them.

[wdeleon01]

My understanding is that the younger folks are a lot less concerned with the privacy issue than us older :) folks and this is encouraging this type of behavior from the hiring organizations.

+1
For some reason a lot of people want everyone to know what they are doing and where they are at the current moment so they post everything they do on facebook or twitter.

[jimg]

+1
For some reason a lot of people want everyone to know what they are doing and where they are at the current moment so they post everything they do on facebook or twitter.worse than that ...how many ah's post a picture of their food on their dinner plate!!!

[Chicago Discus]

worse than that ...how many ah's post a picture of their food on their dinner plate!!!
+1 I never could understand that ......

[YSS]

worse than that ...how many ah's post a picture of their food on their dinner plate!!!


+1 I never could understand that ......

Culinary art, my friends. If you don't understand it, then you just won't. Below are the pictures of japanese new year meal that cost me $300 this year. :D

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/403165_296556650381323_100000809723478_743201_3302 2245_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/400001_296556237048031_100000809723478_743199_2203 44537_n.jpg

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/393444_296556087048046_100000809723478_743196_1317 55132_n.jpg

[yim11]

Random thought, but I wonder what they would do if you told them that you don't have a Facebook. I would assume they would think your hiding something and end the interview.

Hope not, because I'm one the of few left that simply have no need for FB. Believe me, the concept is not lost on me, my wife is a social media exec, so I see it more than probably most.

I feel that my friends 'status' are best updated in person at a backyard bbq, local bar, deer lease, etc. Good example, friend got a new big arse 3D tv today, he didn't post it, I went by his house and checked it out and drank his beer.

Personally, I don't have the time or desire to post public details or updates on my life, anything that I feel friends/family need to know about is done in person or over the phone, email worse case. Additionally, I simply am not interested in the the majority of updates/posts from most people I see on FB.

Sorry for the thread jack Al...

[Darrell Ward]

I don't understand the whole FB thing either, and yes, I've seen it. I could care less about such things.

[SeaDragon]

I don't understand the whole FB thing either, and yes, I've seen it. I could care less about such things.

The whole Facebook thing I hate. Though being a teenager I would never hear from anyone without it. It's a sad thing. No one actually "calls" or "communicates" anymore. Lucky for you guys you still understand the value of face to face kickin back with friends. To most teens anymore it seems just too old fashion (and amazing!) to them.


Julia
Sent from my Styrofoam fish box fort using Tapatalk

[Discus-n00b]

Other then crazies posting what they are doing every second (thats what twitter is for), Facebook is a really good and handy tool to connect with old friends from school, sports, whatever. No one uses the old instant messaging programs, and email isn't as instant (heck not everyone checks or uses email either). Facebook is just a good way to connect. Not all of your friends will continue to live in the same city, state, etc. Thats how I use it anyway.

[Discus-Hans]

The New 10 step hiring program...
1) Enter building for interview, and give DNA sample/swab & SALIVA
2) Urine sample for drug use and alcohol
3) blood test for prescreening of genetic diseases and predispositions (don't worry, it won't affect your health coverage)
4)polygraph test
5)Fingerprint and background test
6)Turn over Email passwords (don't worry its confidential)
7)Turn over Social Media passwords (privacy? whats that?)
8)Credit card statements( hey we already can use your credit scores...so why not let us see what you are spending your money on)
9)If married.... spouse must undergo numbers 1-8 ( hey, you did agree to "for better or for worse" besides, we'll tell you if anything raises a flag)
10) Congrats, you are hired ...just sign these forms in triplicate agreeing to the next 4 pages of microscopically small print, and report to the company health clinic..be sure to tell them whether you want a biochip located implanted in your left or right arm.

WE look forward to having you join our company, at least until we can hire someone for less money thats just as accomodating as you are. Have a nice day.


ha ha ha none of you probably ever tried to get a green card in this country................... yes I made the mistake to come into this country @ the east coast, not from the South lol lol lol oh oh oh there go my changes for a job lol lol lol


Hans

[brewmaster15]

I avoided facebook for years and then decided I wanted to expand my web presence for my Freeze dried Blackworms so I thought I'd make a page there for the business as is the trend these days. Didn't realize that I needed to have a personal account to do that...So I opened one...This is I rarely use....I don't do updates on my personal stuff, and barely read any thing there.....I prefer the inperson,phone calls, emails etc to catch up with people too... so I would not have anything to hide by not turning over my facebook password to a potential employer. But if I was asked for it at an interview, I would reach across the table, take my resume back and rip into pieces. Tell them not so politely about my thoughts on their Company's Ethics and walk out...I have absolutely no interest in working for a company that does not respect something as basic as a persons rights.

-al

[YSS]

Other then crazies posting what they are doing every second (thats what twitter is for), Facebook is a really good and handy tool to connect with old friends from school, sports, whatever. No one uses the old instant messaging programs, and email isn't as instant (heck not everyone checks or uses email either). Facebook is just a good way to connect. Not all of your friends will continue to live in the same city, state, etc. Thats how I use it anyway.

Good way to connect and keep up with friends who are miles and miles away. Most of my friends in FB (very few) are very far away from where I live.

[DonMD]

I prefer the inperson,phone calls, emails etc to catch up with people too... so I would not have anything to hide by not turning over my facebook password to a potential employer. But if I was asked for it at an interview, I would reach across the table, take my resume back and rip into pieces. Tell them not so politely about my thoughts on their Company's Ethics and walk out...I have absolutely no interest in working for a company that does not respect something as basic as a persons rights.

-al

Well, Al, there are so many people out of work now in our country that they would feel no option but to divulge everything. Unlike Yun who voluntarily chose to apply for a job requiring top secret clearance and therefore knew in advance that his privacy would be probed, most people expect a reasonable level of privacy. But that goes by the board when you're very hungry. Isn't it true that an employer cannot ask a prospective employee their age, or if they are pregnant? And yet, give me your password or forget the job? Well, what have we come to?

The Supreme Court ruled recently that the police may not place a GPS transmitter/receiver on your car without a judge's order, so as not to violate your reasonable expectation of privacy. The judges even asked questions if the police could place one of those devices on their own cars, they obviously didn't like the thought of that.

Someone should sue an employer for asking for their password to their facebook account. If it ever got to the Supreme Court the justices might ask the same question they asked about the GPS devices, would they have to give a hostile congressional committee chairman their passwords in order to get confirmed to the court? Could you imagine?

I also opened a FB account, but basically dropped it. Too intrusive. An now Zuckerberg wants to get in our heads with Google's new privacy policies, the web, on your phone, hey, it's a Brave New World out there.

[roclement]

I can't see how this can be legal..-I can't even ask someone's age or marital status during an interview for the lowest job positions but you can ask for personal log-in information to personal accounts? Some labor lawyer is having a field day with that company!

The only thing I see is doing deep background checks for law enforcement and government sensitive jobs but anything other than that smells like illegal hiring practices to me.

Rodrigo

[Chicago Discus]

I can't see how this can be legal..-I can't even ask someone's age or marital status during an interview for the lowest job positions but you can ask for personal log-in information to personal accounts? Some labor lawyer is having a field day with that company!

The only thing I see is doing deep background checks for law enforcement and government sensitive jobs but anything other than that smells like illegal hiring practices to me.

Rodrigo

I agree

[yim11]

Facebook pushes back, a little:

http://news.yahoo.com/facebook-warns-employers-not-demand-passwords-141726769.html

Facebook warns employers not to demand passwords

Associated Press – 1 hr 29 mins agoNEW YORK (AP) — Facebook is warning employers not to demand the passwords of job applicants, saying that it's an invasion of privacy that opens companies to legal liabilities.

The social networking company is also threatening legal action.

An Associated Press story this week documented cases of job applicants who are being asked, at the interview table, to reveal their Facebook passwords so their prospective employers can check their backgrounds.

In a post on Friday, Facebook's chief privacy officer cautions that if an employer discovers that a job applicant is a member of a protected group, the employer may open itself up to claims of discrimination if it doesn't hire that person.

"If you are a Facebook user, you should never have to share your password," Erin Egan wrote.

[skennedysocal]

I am one of those odd folks who don't have a FaceBook account; never saw the need for it. The only "social media" site I am on is LinkedIn and that is mostly to stay in contact with people I have worked with in the past. I agree though: “Anyone who trades liberty for security deserves neither liberty nor security -Benjamin Franklin”

[Discus-n00b]

And Facebook has the muscle to push around too. Glad they came back and said that.

[brewmaster15]

Facebook pushes back, a little:

http://news.yahoo.com/facebook-warns-employers-not-demand-passwords-141726769.html

Facebook warns employers not to demand passwords

Associated Press – 1 hr 29 mins agoNEW YORK (AP) — Facebook is warning employers not to demand the passwords of job applicants, saying that it's an invasion of privacy that opens companies to legal liabilities.

The social networking company is also threatening legal action.

An Associated Press story this week documented cases of job applicants who are being asked, at the interview table, to reveal their Facebook passwords so their prospective employers can check their backgrounds.

In a post on Friday, Facebook's chief privacy officer cautions that if an employer discovers that a job applicant is a member of a protected group, the employer may open itself up to claims of discrimination if it doesn't hire that person.

"If you are a Facebook user, you should never have to share your password," Erin Egan wrote. Thats great news!

-al

[scottthomas]

The New 10 step hiring program...
1) Enter building for interview, and give DNA sample/swab & SALIVA
2) Urine sample for drug use and alcohol
3) blood test for prescreening of genetic diseases and predispositions (don't worry, it won't affect your health coverage)
4)polygraph test
5)Fingerprint and background test
6)Turn over Email passwords (don't worry its confidential)
7)Turn over Social Media passwords (privacy? whats that?)
8)Credit card statements( hey we already can use your credit scores...so why not let us see what you are spending your money on)
9)If married.... spouse must undergo numbers 1-8 ( hey, you did agree to "for better or for worse" besides, we'll tell you if anything raises a flag)
10) Congrats, you are hired ...just sign these forms in triplicate agreeing to the next 4 pages of microscopically small print, and report to the company health clinic..be sure to tell them whether you want a biochip located implanted in your left or right arm.

WE look forward to having you join our company, at least until we can hire someone for less money thats just as accomodating as you are. Have a nice day.

I can agree with #5 for many jobs. But the others and the facebook password thing is over the top. I personally dont have a facebook account but my wife does. It has really helped her photography business. I agree that our privacy rights are slowly being eroded. Its amazing to me that many people dont seem to mind.

[JenTN]

You all are just liberal free-thinking fools! Take your Soma's and watch the big screens on the walls before the thought police come get you ;-)

[yim11]

And now the gov't is starting to step in, a little:

http://news.yahoo.com/senators-ask-feds-probe-requests-111503832.html

Senators ask feds to probe requests for passwords
Senators want feds to look into employers asking for Facebook passwords during job interviews

By Manuel Valdes, Associated Press | Associated Press – 3 hrs ago

SEATTLE (AP) -- Two U.S. senators are asking Attorney General Eric Holder to investigate whether employers asking for Facebook passwords during job interviews are violating federal law, their offices announced Sunday.
Troubled by reports of the practice, Democratic Sens. Chuck Schumer of New York and Richard Blumenthal of Connecticut said they are calling on the Department of Justice and the U.S. Equal Employment Opportunity Commission to launch investigations. The senators are sending letters to the heads of the agencies.
The Associated Press reported last week that some private and public agencies around the country are asking job seekers for their social media credentials. The practice has alarmed privacy advocates, but the legality of it remains murky.
On Friday, Facebook warned employers not to ask job applicants for their passwords to the site so they can poke around on their profiles. The company threatened legal action against applications that violate its long-standing policy against sharing passwords.
A Facebook executive cautioned that if an employer discovers that a job applicant is a member of a protected group, the employer may be vulnerable to claims of discrimination if it doesn't hire that person.
Personal information such as gender, race, religion and age are often displayed on a Facebook profile — all details that are protected by federal employment law.
"We don't think employers should be asking prospective employees to provide their passwords because we don't think it's the right thing to do. While we do not have any immediate plans to take legal action against any specific employers, we look forward to engaging with policy makers and other stakeholders, to help better safeguard the privacy of our users," Facebook said in a statement.
Not sharing passwords is a basic tenet of online conduct. Aside from the privacy concerns, Facebook considers the practice a security risk.
"In an age where more and more of our personal information — and our private social interactions — are online, it is vital that all individuals be allowed to determine for themselves what personal information they want to make public and protect personal information from their would-be employers. This is especially important during the job-seeking process, when all the power is on one side of the fence," Schumer said in a statement.
Specifically, the senators want to know if this practice violates the Stored Communications Act or the Computer Fraud and Abuse Act. Those two acts, respectively, prohibit intentional access to electronic information without authorization and intentional access to a computer without authorization to obtain information.
The senators also want to know whether two court cases relating to supervisors asking current employees for social media credentials could be applied to job applicants.
"I think it's going to take some years for courts to decide whether Americans in the digital age have the same privacy rights" as previous generations, American Civil Liberties Union attorney Catherine Crump said in a previous interview with the AP.
The senators also said they are drafting a bill to fill in any gaps that current laws don't cover.
Maryland and Illinois are considering bills that would bar public agencies for asking for this information.
In California, Democratic Sen. Leland Yee introduced a bill that would prohibit employers from asking current employees or job applicants for their social media user names or passwords. That state measure also would bar employers from requiring access to employees' and applicants' social media content, to prevent employers from requiring logins or printouts of that content for their review.

[Second Hand Pat]

"I think it's going to take some years for courts to decide whether Americans in the digital age have the same privacy rights" as previous generations

And why shouldn't we expect the same privacy rights.

[Discus-n00b]

Well, we are talking about a government that wants to censor and regulate the internet so....I wouldn't put it past them to try and limit that Pat. Like what is this, China or North Korea??

[Darrell Ward]

Well, we are talking about a government that wants to censor and regulate the internet so....I wouldn't put it past them to try and limit that Pat. Like what is this, China or North Korea??

Not everyone in government wants to squash our rights, but it's true they are some that want to take us back at least 100 years in certain areas. One should examine everyone in government on their record, and what they have said closely this election year before casting a vote. Don't depend on ads or news outlets for your info. Research it. The info is out there.

[brewmaster15]

I think what makes the issues so hard to defend is that media doesn't really offer a balenced view anymore of what an issue is....depending on the media outlet it usually promotes only a set ideology's viewpoint on a particular issue or law.

For example...The current fight over internet freedoms.. You hear that the goal is to protect Copyrighted material from being stolen by countries like China and that this costing American industries billions a year. Recording studios and hollywood mobilized and pushed for "SOPA" (Stop online privacy act). Sounds good on the surface....hey no one wants to see other peoples hard earned work stolen , right? So why did it raise alarms and flags? It went way too far... It literally would have forced any US company to block access to any website that US Law enforcement labeled as a pirate site or any site that hosted such content even if it was user posted.... say goodbye u-tube, even Wiki was worried. Depending on what you heard, people would have had a very different take on the issue...but the bottom line is, it takes away your freedom. Instead of leaving it up to a person to decide what they can and can't view on the web, The act in effect would have given that power to law enforcement and Government.

If that wasn't bad enough, you have the current defacto pact between the recording industry and ISP providers. read here...

http://news.cnet.com/8301-31001_3-57397452-261/riaa-chief-isps-to-start-policing-copyright-by-july-1/

Working together they will be monitoring what ever you download......to protect copyrighted material from piracy of course.... Heres how it works though, The recording companies and media companies will monitor traffic from any site that they feel are engaging in piracy....They then compile a list of IP addresses and send it to the ISP providers, who then send you a warning.and there is no real info attached, often not even what you downloaded or where, or even who files the claim....just that a violation occurred... There is no recourse for you...several warnings latter and your ISP Drops you. This is a fact.... as one of my family members got such a notice from comcast.

Heres s sample of what you get...


Comcast Cable
Customer Security Assurance
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054
Notice of Action under the Digital Millennium Copyright Act
Abuse Incident Number: Please contact Comcast Security Assurance at 1-888-565-4329
Report Date/Time: Tue, 14 Dec 2010 12:38:43 -0600
Name
Street
Town, State and ZIP
Dear Comcast High-Speed Internet Subscriber:


Comcast has received a notification by a copyright owner, or its authorized agent, reporting an alleged infringement of one or more copyrighted works made on or over Comcast's High-Speed Internet service (the "Service"). The copyright owner has identified the Internet Protocol ("IP") address associated with your Service account at the time as the source of the infringing works. The works identified by the copyright owner in its notification are listed below. Comcast reminds you that use of the Service (or any part of the Service) in any manner that constitutes an infringement of any copyrighted work is a violation of Comcast's Acceptable Use Policy and may result in the suspension or termination of your Service account.

If you have any questions regarding this notice, you may direct them to Comcast in writing by sending a letter or e-mail to:

Comcast Customer Security Assurance
Comcast Cable Communications, LLC
1800 Bishops Gate Blvd., 3rd Floor East Wing
Mount Laurel, NJ 08054 U.S.A.
Phone: (888) 565-4329
Fax: (856) 324-2940

For more information regarding Comcast's copyright infringement policy, procedures, and contact information, please read our Acceptable Use Policy by clicking on the Terms of Service link at http://www.comcast.net.

Sincerely,
Comcast Customer Security Assurance

Copyright work(s) identified in the notification of claimed infringement:
Infringing Work: Last Name
Filename: Carrie Underwood - Last Name.mp3=20
Filename: Carrie Underwood - Last Name.mp3=20
First found (UTC): 2010-12-14T03:57:42.14Z
Last found (UTC): 2010-12-14T03:57:42.14Z
Filesize : 5314394 bytes=20
IP Address: 76.112.146.205
IP Port: 26327
Network: Gnutella
Protocol: Gnutella =20

The one my family got didn't state any info as to what or when a download occurred. Goodluck trying to talk with them about it...I tried calling them and they give you a canned response....you can't fight the claim.... and don't think that it just affects those people that download torrents of music and share them. It has the potential to affect all streamed content like u-tube.

Also of note is this takes no account into if you have an open wifi network and others could use it..


On the surface these things all look like they are fair and reasonable... but when you start relying on ISP (Internet service Providers) to enforce laws, you take away people rights to "innocent until proven guilty" and to due process... You also set up a scenario where you are giving ISPs and BigMedia the ability to mine data on you,and use it without your express permission, as well as control what you can and can't do.

These kinds of laws erode your freedoms in subtle ways, with each seemingly harmless one, paving the way for the next one...

Fortunately SOPA was stopped... but this defacto pact between Big Media and ISPs ( with strong Government backing) has quietly been developed and put into motion.

-al

[stephcps]

The most disturbing part of all of this to me....is that so many people don't care. The apathy in this country is deeply disturbing.

[DiscusLoverJeff]

When one defines "privacy" there are many ways to express the issue.

The boundaries and content of what is considered private differ among cultures and individuals, but share basic common themes. Privacy is sometimes related to anonymity, the wish to remain unnoticed or unidentified in the public realm. When something is private to a person, it usually means there is something within them that is considered inherently special or personally sensitive. The degree to which private information is exposed therefore depends on how the public will receive this information, which differs between places and over time. Privacy partially intersects security, including for instance the concepts of appropriate use, as well as protection, of information.

Always remember that if you do a lot of internet social media, you expose yourself to almost everyone who can see you.

Facebook is the biggest network and if you have something to say, positive or negative and you post it on Facebook, you know what to expect.

Lots of people make the mistake of thinking they have freedom of speech or secured emails or even infringements rights. But the reality is, although you do, there are others that think you don't and you know who they are.

Keeping your thoughts to yourself is not good either, but not sure there is a justifiable solution to what is declared private or not. Using your best judgement in who you expose your thinking to may be your solution, but who they share that information with is another story.

[yim11]

http://news.yahoo.com/potential-employer-asks-facebook-password-133057706.html

What to Do When A Potential Employer Asks for Your Facebook Password

Tony Morrison is the Vice President of Business Development at Cachinko. Find him on Talent Connection and connect with Cachinko on Facebook or Twitter.

Could you imagine a job interview during which your interviewer asks you for your Facebook password? Well folks, it's happening and you should know what to do when it happens to you.

The reason why companies are doing this is to get better insight into who you really are. They will strategically ask you to look at Facebook with them -- right there, on the spot. You would think there would be some type of HR regulation in place to prohibit this type of conduct during an interview, but currently there is not -- although the state of Maryland is starting to take action in a case regarding the Facebook profiles of student athletes.
With that in mind, what about job applicants in all the other states? Maryland is the first to do anything about this (and it's currently concerned with student protections), so how long will it take for the job applicant process to be evaluated? Will asking for social networking account passwords be prohibited? The answer is, “There is no answer.” But you do not have to give the information as a condition of employment.

Let’s go over some things you can do to protect yourself on a job interview. Don't forget: You have the right to a personal life and your privacy!

1. Put it Eloquently

If you are asked for your password, here are some things you can say, in an eloquent and respectful manner, to show you will stand your ground:
"I am very careful with my personal, private online persona and do not feel comfortable giving out any passwords. But you can feel free to look at my profile as it appears to you as a company right now, if you would like."
"I would never participate in social media on the organization’s time and ask that the organization will respect my personal social media rights outside of work."
"My LinkedIn network is a great place for you to review my professional experience and see the professional connections that I have that may be of benefit to your organization."
"Is that something that is required to move forward with this job interview?"
If you don’t like the prospective employer's answer to the last question (or any of the statements above), you can decide if you would not like to move forward with the interview. It is your profile and your privacy, and you have the right to protect it. So, take control and make it your decision.

2. Evaluate the Situation

You may feel obligated to provide your password, but is it really worth it to you to have a job where you will be watched all the time?
The answer is probably “no.” It would be extremely stressful to feel like your personal life has the potential to be picked apart by your employers at any time. It will already be enough that they will monitor you while at work in other ways.

3. Take Steps to Protect Your Personal Life

If you plan carefully and strategically, you can separate business and pleasure. Set up your social media profiles to be only obtainable or known by your friends and family. Here are some things you can do:
Disable a public web search on your Facebook profile. The default setting allows search engines like Google to pick up your Facebook profile.
Change your name and go by a nickname that only your friends and family would recognize.
Take advantage of the new Facebook Timeline to illustrate the personal brand you want to project as a job seeker.
Once you have a job, you should be careful not to jeopardize it by putting ill-willed comments up for all to see. What you say could get you fired if it sheds a bad light on your company. You represent your company, so keep your personal social networking about you and not about work.
Now you know it is okay to take a stand and say “no” when asked for your social networking passwords. It is ultimately up to you to decide what you are comfortable with.

[yim11]

Maryland Bill Bans Employers From Facebook Passwords

http://news.yahoo.com/maryland-bill-bans-employers-facebook-passwords-143657546.html

[brewmaster15]

Jim,
Thats great news! Hopefully it paves the way for more pushes back against those assaulting individual freedom and Privacy..KUDOS to Maryland!

-al