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FTC Okays Social Media Background Check Company

nonprofiteer writes "The FTC has dropped its investigation of a new company that runs social media background checks and ongoing Internet/social media monitoring of employees, determining its compliant with the Fair Credit Reporting Act. So make sure your gun photos are private and that you're not part of any 'Legalize marijuana' Facebook groups."

39 of 229 comments (clear)

  1. and it begins by Dyinobal · · Score: 3, Informative

    And it begins muahahhahahha. First your boss makes you friend him on face book, now your future boss wants to know everything about you that isn't his business.

    1. Re:and it begins by bigstrat2003 · · Score: 2

      Here's a great laughable tidbit from TFA: they weren't willing to help a company in Colorado check for if someone was gay not because it's illegal (apparently it's not), but because it would be unethical. I'm sorry, guys, but drop the pretense. You were willing to help another company go on a witch hunt for those whose political beliefs they disagreed with, you have no sense of ethics.

      "I like to think we are providing a service not just by screening for employers, but in helping to protect job applicants by creating a standard process for online background checks and a service that presents them with reports on negative material." Actual quote from the company's COO. He's either a complete imbecile, or a monster.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    2. Re:and it begins by QuasiSteve · · Score: 2

      they weren't willing to help a company in Colorado check for if someone was gay not because it's illegal (apparently it's not), but because it would be unethical. I'm sorry, guys, but drop the pretense. You were willing to help another company go on a witch hunt for those whose political beliefs they disagreed with, you have no sense of ethics.

      Although I have no doubt that they have very low standards of ethics - especially as I rather suspect that the only way to see the reports they have on you, like a credit check report, is going to cost you a pretty penny - I can see their point made there.

      Your political preference is a choice. Yes, you may have grown up in a conservative family and surrounded by conservatives all your life and the school you went to may be largely filled with people (students and faculty staff) who are conservatives), but it's still your choice as to whether you'd vote Tea Party or Republican or Independent or Democrat or whatever.

      Your sexual preference, however, tends not to be a choice. This has been debated to hell and back, of course, but last I knew the consensus among scientists at least was that it's far less nurture than it is nature.

      Screening for either is kinda effed up - compared to screening for things that could, or would, directly affect the employer - but it's less ethical to do screening on sexual preference than it is to screen on political preference.

    3. Re:and it begins by QuasiSteve · · Score: 2

      The illegality for screening against a particular vote or political preference may very well be established. But nobody can deny that e.g. color of skin is also screened against, despite the law leaving no room for interpretation there. More often than not, there's also nothing you can do about it as rarely would an employer say "we're not hiring you because you're X". You just get dismissed with a "we have reviewed your application and we regret to inform you that you did not make the selection process." with no particular reason given at all.

      Thus given the realities of the world, what is legal vs what is not legal rarely gets into play at all.

      Which leaves the question of ethics.

      Now my ethics are unlikely to be your ethics which are unlikely to be the ethics of any other random person.

      But in my view, without detailing specifics, I find screening against something a person has no reasonable control over a display of lower standard of ethics than it does screening against something where the person makes a clear choice.

    4. Re:and it begins by cultiv8 · · Score: 4, Funny

      You're absolutely [filtered], I couldn't [filtered] more with your statement. It reminds me of the other day when I [redacted, don't want nobody to know this], which goes to prove [filtered] and [filtered] about my boss and the company for which I work. He may be a [filtered] but he always [filtered] and [filtered] and even [filtered] when [filtered] enters the room and says [filtered].

      Good god is this what my online conversations are going to become in the name of preserving and protecting my job?

      --
      sysadmins and parents of newborns get the same amount of sleep.
  2. No way. by MrEricSir · · Score: 2

    Now I'm going to join every offensive group on Facebook that I can just so I know who's spying on me.

    --
    There's no -1 for "I don't get it."
  3. Why guns? by cayenne8 · · Score: 4, Insightful
    Why would you need to 'hide' your gun photos?

    There's nothing illegal about owning and being proud of guns (at least in the US)...so I don't get this comment on the article.

    It isn't like being a gun owner would prevent anyone from getting a job or anything...never heard of that one.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    1. Re:Why guns? by Anonymous Coward · · Score: 2, Interesting

      There's nothing illegal about supporting the legalization of pot.

      Or supporting the other political party than your boss does.

      Or being gay. Or black. Or having gay or black friends.

      Or not turning your back and shunning old friends just because they may be leading a sketchy life.

      Or having a medical condition which might prove costly to the companies insurance plan.

      Or being a hunter. Or being a vegan.

      All of which are reasons you will lose you your job thanks to this service. (Of course, they wouldn't openly fire you for being gay, but clever HR knows how to tapdance).

      You aren't allowed to keep home and work seperate anymore, and that's sad, and will lead to future generations of stressed out slaves, all under the eye of the bossman 24/7.

      I don't have a facebook account. The gag is, I work in advertising and write a lot of facebook apps!

    2. Re:Why guns? by contrapunctus · · Score: 4, Funny

      Why would you need to 'hide' your gun photos?

      i know right? i spent a lot of hours in the gym on those guns.

    3. Re:Why guns? by Flea+of+Pain · · Score: 4, Informative

      Here you go then, fired for having a few drinks, and one expletive on a private facebook page.

      --
      Do not argue with an idiot. He will drag you down to his level and beat you with experience.
    4. Re:Why guns? by QuasiSteve · · Score: 2

      Well was the applicant just drinking a beer on a terrace? If so.. hey, great, they know how to enjoy themselves a little.

      But what if they were shitfaced, doing shots off some scantily clad young lady clearly much younger than them, in a dark bar with a bunch of other obviously drunk people around them? Now that person is a potential liability.

      Similarly, if somebody is a registered firearm owner, part of a (sports) shooting club, etc. Hey, not my cup of tea, but good on them.

      But if they're posing with guns 'gangsta style' in front of a collection of guns that wouldn't look out of place in military cache and one of their facebook friends is a down-with-the-man type collection of anti-corporate individuals, perhaps I'd rather avoid the situation that might occur when the person gets let go by simply not hiring them in the first place.

      Now, of course, that person at the terrace might get shitfaced at home with a friend who works for the competition. And somebody who has never touched a gun can develop a rage the world has not witnessed before, buy themselves a firearm and go postal, too.

      But at least they have the sense to keep such events or inclinations out of the social media sphere.

      So yes, I can understand why companies might screen applicants' social media presence.

      I do think it's ridiculous and rather invasive (since not everything in the social media sphere is under the applicant/employee's control), however. But there's no way to put that genie back in the bottle.

    5. Re:Why guns? by gnick · · Score: 5, Insightful

      All of which are reasons you will lose you your job thanks to this service. (Of course, they wouldn't openly fire you for being gay, but clever HR knows how to tapdance).

      No tap dancing necessary depending on the state. TFA specifically points out that Colorado does not prohibit selective employment based on sexual orientation. Just because what you're doing is legal doesn't necessarily mean that your activities in your private life can't legally be used to refuse you employment or fire you. That doesn't necessarily make it right, it just makes it legal.

      --
      He's getting rather old, but he's a good mouse.
    6. Re:Why guns? by Obfuscant · · Score: 2

      So, the pictures on my Facebook page of my competing in organized shooting competition makes me immodest and vulgar?

      No, as long as you are grim and sober the entire time and get no pleasure from winning any such competitions, and understand that the straights and squares will be scared of you, you're fine. And make sure you abhore the carnage you create by blowing holes in pieces of paper or shattering clay disks...

    7. Re:Why guns? by gnick · · Score: 2

      I'm saying that a high-school student may not have the same level of respect for a teacher once they've seen them doing a keg-stand - College pics are one thing, but if your teachers comes in with bloodshot eyes and the students have pictures of him/her in a drunken stupor taken over the weekend, they may not give the same level of respect as they might otherwise. And I'm sure you've noticed how damning those pictures of Weiner have been for him, although it doesn't appear that he broke any laws by sharing them.

      I'm not saying that it's right or that I agree with it - In a perfect society a person's personal activities should not affect them outside of their private life. But our society bears little semblance to one with that rigid divide. Right or wrong, especially for people in public positions, allowing your private life to become public can cripple you.

      --
      He's getting rather old, but he's a good mouse.
    8. Re:Why guns? by Ihmhi · · Score: 2

      One company I worked for did something similar, arranging a trip to a private rifle range out practically in the middle of nowhere. Unfortunately, layoffs and a general pay cut were announced the week before.

      Incidentally, there's several openings in management-level positions.

    9. Re:Why guns? by Obfuscant · · Score: 2

      so tell me what you see: http://www.google.com/search?tbm=isch&q=thug+handgun&oq=thug+handgun

      So, you search the web for pictures of thugs holding guns and extrapolate that to all gun owners everywhere.

      What I see is a moron gun-hater who has no clue about real life.

      If you didn't want to know what I see, you shouldn't have asked me.

    10. Re:Why guns? by doesnothingwell · · Score: 2

      When you can't tell if your a douchebag type boss, its best to make sure your underlings aren't well armed.

      --
      They can have my command prompt when they pry it from my cold dead fingers.
    11. Re:Why guns? by Obfuscant · · Score: 2

      so stop making an argument that doesn't exist, and admit that a guy posing with a handgun on facebook has NOTHING to do with what you are talking about

      And it had nothing to do with what you were talking about, until you got slapped down for exhibiting such a closed-minded assinine view of an entire segment of the population you have no clue about and obviously little concern to learn about. THEN you tried changing your rant to "google images with 'thug' and 'handgun' in the title", which got you another slap down, so now you are whinging about something else.

      You have no clue about people who own guns or why their pictures might be on facebook, and even less ability to judge their motivations or hold a rational discussion. YOU are the textbook example of why it IS dangerous to one's well-being to post images of anything that any pinhead might find objectionable.

      Goodbye, troll. And to think, I had mod points I could have modded you out of the discussion with.

    12. Re:Why guns? by Javit · · Score: 2

      First of all, your reactionary argument is incongruous for someone who doubtless considers himself a leftist. Second, the politics of private gun ownership have nothing to do with identity politics. That term is used to describe politics based on one's perceived self-interest as an intrinsic member of a social group. Broadening it to cover ideological groups would render it meaningless, in which case you might as well remove the reference anyway.

      That aside, I think your post says a lot more about you than it does about the hypothetical fellow posing with a handgun. His possible motivation is limited only by the imagination of the guesser. From my experience, I can tell you he probably doesn't think his handgun is "an ugly tool," its usage "always grim and sober." He probably thinks it's pretty cool in the same way certain men (and women) like monster trucks or rocketry. He will only ever shoot it recreationally, and probably expects to use it in self defense about as often as he expects his house to burn down. To be clear: never.

      When I see a picture of someone with a gun, I have about as much a sense of foreboding as when I see a children's marshal arts class. I'm sure if you owned a gun and used it recreationally, or lived with someone who did, you wouldn't find them so fearful either.

      --
      Support NRA, America's oldest civil rights group.
    13. Re:Why guns? by Parafilmus · · Score: 2

      Why would you need to 'hide' your gun photos?

      Cursory googling reveals a Wisconsin teacher suspended from her job because of a facebook picture of herself aiming a rifle:

      http://www.wkow.com/global/story.asp?s=9801650

    14. Re:Why guns? by Pharmboy · · Score: 2

      The 14th Amendment covers actions by the State, not by the individual. It is very specific about this, and mentions "the State" many times as a qualifier. As an individual, you have the right to discriminate all you want. As an employer, there are other laws that cover this, but not the Constitution itself. The whole purpose of the Constitution is to limit the power the Government, not the people.

      --
      Tequila: It's not just for breakfast anymore!
  4. No by creat3d · · Score: 4, Insightful

    How about making sure you don't work for someone that'll fire you for being part of a legalize marijuana FB group?

    --
    Grammar nazis are to this community what excrements are to gold.
    1. Re:No by Hatta · · Score: 2

      When real unemployment rates are over 15%, and forclosure rates are the highest in recorded history, how picky can you be about your employer?

      --
      Give me Classic Slashdot or give me death!
  5. Or not by TheCycoONE · · Score: 2

    So make sure your gun photos are private and that you're not part of any 'Legalize marijuana' Facebook groups."

    Or the opposite to ensure that you're only hired by people that share your values or won't spy on your social media.

  6. Re:This kind of thing could kill facebook... by sakdoctor · · Score: 3, Insightful

    Yeah illegal.
    It's not a technical shortcoming of facebook's that you can't compartmentalize your presence, like we do ... in real life.

  7. Don't bring your home life to work by odin84gk · · Score: 3, Interesting

    I will not work for a company that wants to bring their home drama to work with them. Simple as that.

  8. Obligatory by SanityInAnarchy · · Score: 2
    --
    Don't thank God, thank a doctor!
    1. Re:Obligatory by fyngyrz · · Score: 3, Interesting

      Yes. Unfortunately, it is also very bad advice.

      The exposed nail gets hammered down, and very much so in US employment today.

      --
      I've fallen off your lawn, and I can't get up.
  9. facebook may have peaked... by romanval · · Score: 4, Informative

    since they lost 6 million users in the last month alone.

    People are starting to realize that too much information can be a bad thing. (Aside from how many times you need to hear some long lost classmate bitching about their job or kids).

  10. Facebook is for the clueless by Anonymous Coward · · Score: 2, Insightful

    Anyone with a brain saw this coming long before now.

    Whether it is legal or not is beside the point. If you use Facebook
    you are providing info about yourself to a very large number of
    people you don't know, and ( here is a clue for you ) not all of these
    people will act in a friendly manner toward you.

    There's no real reason to use Facebook, and the smartest people I know
    already know this. If you want to keep up with your friends ( no you don't
    have 800 friends ) you use email and the phone. If you want to disseminate
    info about yourself to a select group of people, you put up your own web page
    and make sure those in the select group know not to share the login password.

    If you use Facebook, you deserve each and every nasty thing which results.
    Welcome to the real world, where there are consequences for stupid actions
    whether you think that's "fair" or not ( here's a second clue for you : there is no
    such thing as "fair" in the real world ).

    1. Re:Facebook is for the clueless by Obfuscant · · Score: 3, Interesting

      Some of us actually have friends though, so your solution won't work for us.

      Quite astute of you, sir. It was nearly impossible for anyone to have any friends before Facebook was created, and likewise nearly impossible to keep in touch with any of them prior to Mr. Zuckerberg's fine accomplishemt.

      And now that Facebook has been created, all previous forms of communications that any of the very very few people who DID have friends have been disabled, effectively preventing anyone who is not on Facebook from having any friends at all.

    2. Re:Facebook is for the clueless by DMUTPeregrine · · Score: 2

      I don't use Facebook. I don't because I don't trust Facebook, I value privacy, I disagree with the way they treat their users (repeatedly changing the ToS without notice) and I find the service unnecessary. While pretty much all of my friends use Facebook they all understand my reasoning. They respect my choice, because they are my friends, not just people I hang around in the hopes of looking cool and fitting in.

      --
      Not a sentence!
  11. Re:Gun photos set to private? by Hatta · · Score: 2

    I think you'll find that in most states, your employer can fire you for any reason, as long as that reason is not your membership in a protected class.

    --
    Give me Classic Slashdot or give me death!
  12. Why anything? by fyngyrz · · Score: 4, Insightful

    The current American mentality is witchhunt first, then never, ever forgive. Felon? Employment-wise, you're hammered. Forever. Sexual *anything* to do with the law? Employment-wise, you're hammered. Forever. Anything that the social retards think isn't Good for the Children? I'm talking drinking, drugging, tattoos, piercings, partying, "planking", nudity of any kind, shooting, marching for any particular cause, flash mobbing, pranking, sexting, imitating the cognitively-impaired people on Jackass, extreme sports... or even being THERE when someone ELSE is doing any of these things... employment-wise, you're hammered.

    And if, for some reason, things aren't quite that bad yet, don't worry, they'll very likely pass ex post facto laws to make it so later; just as they already have with guns and the various lists -- do not fly, do not sell to, violent/sexual offender, terrorism. And they'll conflate ridiculous things too - 17-year-old == child == peeing in bush, etc. You can do the most innocuous thing that you think is perfectly ok -- like photograph your cute little infant in the tub -- and end up with your mug shot right next to Victor the Vaginal Butcher, unemployable and forced to move into a box under that bridge downtown you've been throwing your coffee cups over the past few years.

    So... you don't appreciate StupidBook becoming a threat to your job and you life and your family? Get out before it happens. Delete everything on your page before you go, and un-friend everyone. It's all you can do. It won't be enough - this is truly becoming a permanent record society that never, ever forgives, criminalizes the ridiculous, and no longer even gives lip service to the ideas of forgiveness or rehabilitation - but it's a start in the right direction.

    Also - speaking as a photographer of many years - stop photographing people. Just stop. Nature, old, non-governmental architecture, that's the thing to shoot. Photography is turning into the next minefield. Same thing goes for video, if you're into video. Not just because it might harm you; but because it also might harm them. You might photograph someone in a place they really would prefer others not know they were, for whatever reason... you might catch that funny drunk guy, share the pic, and cause him to lose his job and livelihood and really, really hurt his entire family... or you might shoot that lovely government building you paid for and find yourself answering very hard questions from very hard people about why there is a bottle of bleach under your sink and ammo for your 22 cal. match rifle in your closet, said people showing up right at your job, complete with warrant from their pet oath-breaking judge. Followed immediately by your very own pink slip, because employers are hugely threatened by such events. And now you're unemployable. Welcome to America 2011.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Why anything? by mosb1000 · · Score: 2

      I don't think it's entirely fair to blame Facebook for the irrational behavior of our overlords. But if everybody puts all there shit on there, eventually it will get to the point where those assholes won't have anybody to work for them anymore. So they'll have to bite the bullet and get real. That would be a good thing in end.

  13. Re:Gun photos set to private? by magamiako1 · · Score: 2

    It is perfectly within an employer's right to not hire you except within the bounds of discrimination laws, and even then they can usually get away with most things unless you can actually prove it.

    Also, racial employment is only really counted company-wide. So if a particular manager hates black people, as long as there's enough black people in the rest of the company he's free to discriminate.

    Don't you just love our laws?

  14. Re:tell me what you see: by mister_playboy · · Score: 2, Insightful

    lack of confidence, insecurity, immodesty, lack of discretion, borderline personality disorder, anger management issues, immaturity, explosive hostility

    people who have a need to pose with a handgun are communicating character weaknesses i don't want to deal with in a job environment

    People who have a need to try and build a personality profile (full of diagnosis that only a psychologist who has spent time with the person is qualified to make) of someone they don't know based solely on Facebook photos are doing nothing more than projecting their own biases onto others and then denying that this perception was entirely self-manufactured.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
  15. Re:Now you see what happens without a union by xero314 · · Score: 2

    This is what happens when people allow anyone to step on their freedoms. Unions are just one, very valid, way of defending your freedoms against people or organizations that have more power than you do individually.

    But don't worry about it too much. It's all part of the cycle. The good thing is that this means if we have to deal with the crappy part of the cycle then our children won't, and seriously they deserve something good after having to deal with the legacy we are bound to leave behind.

  16. Sadly not.. by cheros · · Score: 2

    .. because you leave the door wide open for someone else to create a page using pictures of you to thoroughly trash your reputation. This is the problem with this insane idea: suddenly it is possible for complete strangers to screw up your life proper. A bit like politicians, but without you having any voting rights..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.