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Senators Slam Firm For Online Background Check

GovTechGuy writes "Social Intelligence Corp's online employment screening service, which preserves users' social media profiles and other data for use by potential employers, infringes on consumers' privacy and could be a violation of the law according to Senators Richard Blumenthal (D-CT) and Al Franken (D-MN). The Senators wrote to Social Intelligence Corp on Monday demanding answers to a host of questions about the service and how it collects data."

27 of 196 comments (clear)

  1. Shocking. by NeutronCowboy · · Score: 4, Insightful

    Or, really not. That's why I have a Facebook account with a believable, but fake name. Good luck to all companies trying to find my social network presence. You get LinkedIn, and that's it. To any company that requires my social network information to hire me: No, you don't. And I'd rather not work for you, if you think you do.

    I'm really wondering where this is headed. Dual SN-profiles for the tech-savvy, single profiles for the rest? Mandatory ID check and real name requirements before signing up for a social network? I guess Google is halfway there, but quite frankly, if they ban my profile for not being a real name, I have little use for their social network.

    It looks like some of the more distopian Internet futures might be around the corner: especially those with a dark net, where a lot of communication is encrypted, private and only between vetted members of a group.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Shocking. by HexaByte · · Score: 2

      If they gather information from publicly accessible social networking sites, no problem. Just because too many retards are posting "I went out partying last nite and slipped a mickey in some hot girlz drink and F)*&*(d her all nite long! She woke up not knowing where she waz or what we did! WOO HOO!" doesn't mean we should ban potential employers from looking at there stupidity.

      Smarter people are doing like Neutron Cowboy, living under assumed IDs. Some of us just don't give a rat's arse about social media, so they won't find us!

      --
      HexaByte - he's a square and a half!
    2. Re:Shocking. by amicusNYCL · · Score: 3, Insightful

      I like how this is a story about privacy, and the article includes an example report sent to a client. But it's OK, because they blur out everything in the report. They blur out "parkerpdx", for example, so that you can't tell that the report is about someone called "parkerpdx", who incidentally has a Facebook page under that name (hi, Parker Bell, good luck with your Oxycontin biz). They also helpfully blurred out "Test Company" in the name (why bother?) and I may be able to figure out the guy's hotmail.com address if I want to spend that much time (it starts with "lynch").

      So yeah, great job on protecting privacy guys, especially in the story about how this company is a threat to privacy.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    3. Re:Shocking. by Aeiri · · Score: 2

      Tech savvy Indian people, at least those around me, already have 2 facebook accounts. 1 for real use, with a fake name like you say, and one for family. Apparently families in India are crazy about facebook stuff.

    4. Re:Shocking. by NeutronCowboy · · Score: 4, Insightful

      It isn't so much about posting illegal stuff. What concerns me far more is that some moronic hiring manager might object to me posting stories about AGW, or that I think it's great that Obama won. I generally wouldn't want to work for him in the first place, but just in case I really, really need that job, I don't want that to be an issue.

      Ergo, fake name.

      --
      Those who can, do. Those who can't, sue.
    5. Re:Shocking. by Seumas · · Score: 2

      Real name or not, it only takes a minimal amount of effort for data gatherers to work together or pool data together and derive an identity from you. That's one of the benefits (for the data miners) of having, say, the Facebook connect/like/whatever stuff on EVERY WEB PAGE IN EXISTENCE. Know a couple or so pieces of information about a person (doesn't have to include their name) and you can be pretty certain about who you are zero-ing in on.

    6. Re:Shocking. by NeutronCowboy · · Score: 2

      Absolutely. It's a problem that cuts both directions. For me, it cuts in this direction. But the problem is that this type of filtering exists, not what the exact filters are.

      --
      Those who can, do. Those who can't, sue.
    7. Re:Shocking. by Seumas · · Score: 5, Interesting

      You no longer need to ask awkward or illegal questions to discriminate. Just google 'em. "I don't want no libertarians! I don't want no republicans or democrats! I don't want no atheists or jews or wiccans! I don't want no avid video gamers! I don't want no single people! I don't want me no people with children working here!

      Of course, these companies "blur out information that could raise legal concerns for the employer" and there's certainly no way the employer could expound on that initial information on their own or anything...! *cough*

    8. Re:Shocking. by Seumas · · Score: 4, Interesting

      You know, when my parents and grandparents were starting into the job market, they were "employees".

      Now we're "resources".

      That kind of says it all.

    9. Re:Shocking. by Fluffeh · · Score: 2

      Yup, totally agree. There was once a time when everyone was encouraged to do the absolute best, to do things better than they were - and it that meant spending a few extra dollars/days/employees to get the job done, then it was done. Now we live in a "that's more than good enough" landscape where sub-par is considered above average.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    10. Re:Shocking. by Oxford_Comma_Lover · · Score: 2

      A political body fails to demonstrate the type of action it requires of others?

      Shocking.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    11. Re:Shocking. by Runaway1956 · · Score: 2

      Exactly. What I do, what I say, or what I don't do or say, for x number of hours each day, is the business of my employer. When I clock out, nothing that I do, or don't do, is any business of theirs. Nothing. If I want to dress in tights, and swing from the chandoliers at the local watering hole, that is the business of myself, the owner of the watering hole, and any customers who might be present. The ONLY thing my employer needs to know, is whether I am competent to perform my duties while on the job. Nothing more, nothing less.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    12. Re:Shocking. by AmiMoJo · · Score: 2

      Unfortunately discrimination is almost impossible to prove. If someone turns you down for a job because of your Asian name there isn't much you can do. The only option is to try to make society as a whole not discriminate.

      Sometimes life just isn't fair.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  2. Employer viewing public info is a privacy concern? by Meshach · · Score: 2

    I am all for privacy but everything posted on Facebook that is public is, by definition, public information. If a person wants to keep something private do not post it on Facebook!

    What is next, banning Googling the name of a candidate/employee?

    --
    "Maybe this world is another planet's hell"
    Aldous Huxley
  3. Can we have the same thing for government? by tomhudson · · Score: 2

    Just asking, because it seems that ... oh wait, someone's at the doo#(*(*@&@&NO_CARRIER

  4. Re:Employer viewing public info is a privacy conce by Anonymous Coward · · Score: 2, Insightful

    Bingo. A couple weeks ago some script kiddie sort-of-but-not-really hacked a poorly-secured website that we run. Someone in our company was tasked with tracking down who the guy was. The script kiddie made it easy--he posted about it on facebook, under an assumed name. And without so much as a whiff of law-enforcement help, the guy in our company figured out not only who he really is, but his address, his employer, his parents' address, the church he goes to, the name and contact information of the person who hired him, etc, etc, etc.

    If you don't want something to become public, don't post it online. Personal responsibility FTW!

    Wasn't there a guy who said "never put in writing what can be spoken, and never speak what can be communicated with a gesture"?

  5. Re:whatever happened to common sense? by JordanL · · Score: 2

    There are those people, yes. And unfortunately, those people tend to talk about other people, and the things they say about other people ALSO show up.

  6. Re:Stop posting deeply sensitive material online by Bloopie · · Score: 2

    Those pics from the party? Text them to your friends, don't post them online.

    No matter. Your friends, who have no conception of any need for privacy and would look at you blankly if you even brought up the matter, took their own photos at the party. And you were in them. And they will post them for all the world to see, without it ever crossing their mind that that could possibly be a bad thing.

  7. Don't worry, Principal Skinner has your back... by Tumbleweed · · Score: 2

    "A certain ... agitator. For privacy's sake, let's call her 'Lisa S.' No, that's too obvious, let's say, 'L. Simpson.'"

  8. Re:Employer viewing public info is a privacy conce by Baloroth · · Score: 2

    Well, Al Franken is a comedian...

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  9. Can you say "Copyright Infringement"? by maz2331 · · Score: 4, Insightful

    Facebook posts are copyrighted by the poster, the same as any newspaper article or photograph is, and if they use those copyrighted works in their reports, they are infringing - and good luck trying to make a fair use exemption fly if sued over it.

    1. Re:Can you say "Copyright Infringement"? by venril · · Score: 2

      Facebook posts are copyrighted by the poster, the same as any newspaper article or photograph is, and if they use those copyrighted works in their reports, they are infringing - and good luck trying to make a fair use exemption fly if sued over it.

      Uhm, no.

      From FB TOS http://www.facebook.com/terms.php?ref=pf

      2 Sharing Your Content and Information

      You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

      1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

      2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

      3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)

      4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).

      ...

  10. Why doesn't copyright extend to Social Media? by ad454 · · Score: 3, Insightful

    If corporations can get indefinite copyright protection for everything under the sun, why can't individuals get the same protections?

    A user should be able to copyright their social profile postings, browsing history, purchasing habits, etc., and sue any corporation that uses it without authorization. Just because something is on the Internet does not mean that the rights holder gives up their copyright.

    If a company like Sony music puts a song on the Internet for others to download, perhaps as a promotion, then a movie studio would not automatically have permission to use that song in a commercial film without written permission. So why can't I sue these online check firms for using my personal data without my written authorization?

    1. Re:Why doesn't copyright extend to Social Media? by digital+photo · · Score: 2

      the problem is that it isn't facts that the company is limiting its storing to, but postings by people on web and other social media sites.

      There is also the problem of:
      - dataset poisoning
      - information taken out of context
      - guilt through association
      - account hacking

      There also appears to be no way for someone to clarify or otherwise refute incorrect data.

      They are opening themselves up to defamation lawsuits.

  11. Re:Employer viewing public info is a privacy conce by GrumblyStuff · · Score: 2

    ...but Michele Bachmann is the one making everyone laugh (then cry).

  12. People worry about odd things by The+Good+Reverend · · Score: 2

    In the end, a company like this can only get a hold of web accessible information - i.e., information you (or someone else) puts out there.

    But there are dozens of major companies out there that compile profiles on individuals based on public records, credit scores, social networking, police records, and private marketing data - you've got much more to "worry" about (if you're prone to such worrying) from them than you are from someone who's just looking at what you post publicly on Facebook.

    Anyone can get an account with Lexis Nexis, among others, who compile data like this into handy little reports. The vast majority of it is public record, but anyone paranoid about something like Facebook would be scared shitless about all the information available in one place from companies like this.

    1. Re:People worry about odd things by dave562 · · Score: 2

      This is a good point. Lexis Nexis is no joke. I did not realize quite how evil they were until I was working for a non-profit, and the Lexis Nexis people were offering to profile the donors to the non-profit. They were going to provide metrics on their "capacity to give" based on a whole slew of semi-public financial information like real estate holdings, trusts, etc.