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Maryland Bans Employers From Asking For Facebook Passwords

Freddybear writes with news that yesterday Maryland passed a bill through both houses of the state legislature that would forbid employers from requiring job applicants or employees to provide access to social media accounts. The bill now awaits only the signature of governor Martin O'Malley. "The bill is the first of its kind in the country, and has shined a spotlight on the practice of employers demanding personal social media passwords from potential hires, [said Melissa Goemann of the ACLU]." Similar legislation is being developed in California, Illinois and Michigan, according to the Washington Post.

211 comments

  1. Not a problem by Billly+Gates · · Score: 5, Interesting

    Just accept that friendly request from that HR lady as a condition of employment.

    Just last night I saw an ad on craigslist where the employer wanted me to click on a emloyment site that used Facebook as a login and requirement. I figured it was a scam. But it did offer a new password that you could choose different from Facebook but you had to friend the site first ... and the employer can check to see if you have a pic drinking or do a grammar and spelling check on your casual entries etc.

    1. Re:Not a problem by russotto · · Score: 4, Funny

      Just last night I saw an ad on craigslist where the employer wanted me to click on a emloyment site that used Facebook as a login and requirement. I figured it was a scam. But it did offer a new password that you could choose different from Facebook but you had to friend the site first ... and the employer can check to see if you have a pic drinking or do a grammar and spelling check on your casual entries etc.

      Such trolling opportunities. Fake facebook account, with goatse et al shared to "friends only".

    2. Re:Not a problem by koan · · Score: 1

      So make a dummy Facebook account.

      --
      "If any question why we died, Tell them because our fathers lied."
    3. Re:Not a problem by Mitreya · · Score: 2

      So make a dummy Facebook account.

      I believe that violates Facebook TOS (which may or may not be a felony, depending on if and how POTUS rules on that) in the same way as asking someone to provide their password to Facebook violates TOS.
      Isn't it illegal to ask such things at an interview, since Facebook account likely to have some nuggets on your age/religion/etc?

    4. Re:Not a problem by Osgeld · · Score: 5, Insightful

      "and the employer can check to see if you have a pic drinking"

      and they can look at it all they want, they are not my mother and I am well beyond legal age to drink, they dont like it then they can kiss every square inch of my ass cause I would not fit in to their "sand vagina" culture anyway.

    5. Re:Not a problem by LordLucless · · Score: 5, Informative

      No, just create a "People That Suck" group, set your default privacy policy to exclude that group, and add your employer to that group. To your employer, it'll just look like you never use Facebook.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    6. Re:Not a problem by Anonymous Coward · · Score: 0

      I think you mean SCOTUS.

    7. Re:Not a problem by BenJCarter · · Score: 1

      I HOPE he means SCOTUS!!?!

      --
      For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. - Publius
    8. Re:Not a problem by BenJCarter · · Score: 3, Funny

      Sand Vagina. That's rough.

      --
      For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. - Publius
    9. Re:Not a problem by Renraku · · Score: 3, Insightful

      Many states are at will employment. They don't want to have to worry about the small chance that you might have a problem with alcohol and sometimes maybe come in late for work on Monday morning due to a hangover. They might also have religious reasons for regulating your drinking. If they exclude you because you drink, they can probably find ten more people similar to you that might claim not to drink, or might simply just not drink.

      Everyone thinks that it will be epic when/if marijuana is legalized, but you bet your ass insurance companies will still employers to test for it or they won't insure them. Nothing is preventing them from simply not hiring people that like to smoke it.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    10. Re:Not a problem by Osgeld · · Score: 3, Interesting

      I grew up in, and still live in a "right to work" state, which really means the employers have absolutely no reason to even give you a reason as they boot you out the door. Monday morning hangovers have never been an issue, and I have worked for a few places that do not require a drug test at all with reasonable insurance, though you show up after lunch, glassy eyed and giggly, up your gone.

      somehow its never been a problem, maybe becuase I know better, and am not a retard who thinks just because I got a job one day, I deserve it for life

    11. Re:Not a problem by Anonymous Coward · · Score: 0

      As if they would hire someone with no friends or social activities at all!

    12. Re:Not a problem by techno-vampire · · Score: 1

      ...do a grammar and spelling check on your casual entries etc.

      You know, that might actually be relevant if the job you're being considered for includes writing things that customers get to see. If you can't be bothered to check the spelling and grammar on your Facebook page, there's a good chance that you'll forget to do it at work. And, of course, if your grammers bad at Facebook, it might just be because you don't know any better, and that would be very important when considering who to hire for such a job.

      --
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    13. Re:Not a problem by mysidia · · Score: 1

      but you had to friend the site first

      Possible Facebook ToS violation? You don't "friend" sites, you "like" sites.

      And when you friend someone, you can add them to a "group". For example, you can have your privacy settings configured so that most of your info, wall, photos, etc, are only visible to certain groups

    14. Re:Not a problem by RubberMallet · · Score: 1

      I've never had to have a drug test as a condition of signing a work contract... ever. Oh yah, I don't work in the USA anymore. :-P

    15. Re:Not a problem by Cosgrach · · Score: 1

      But someone hired you, didn't they?

      Ha ha ha ha ha ha!!!!

      Sorry, I could not resist.

      --
      Why is it that most of the people that I encounter seem to have been shat from the Sphincter of Mediocrity?
    16. Re:Not a problem by Anonymous Coward · · Score: 0

      do a grammar and spelling check on your entries

      and has shined a spotlight on

      Someone needs to go back to frigging school shows how DUMB THICK STUPID and WHACKED out the mods must be when they cant even spot a HUGE grammar fopar like that .

    17. Re:Not a problem by Anonymous Coward · · Score: 1

      I'm unemployed, you insensitive clod!

    18. Re:Not a problem by daem0n1x · · Score: 3, Insightful

      Company-mandated drug and alcohol tests are illegal my country, except for a few professions, like cop, trucker or pilot, for obvious reasons. When you talk about those things I always wonder why so many Americans feel so smug because their country has more "liberty" than mine. It seems your so boasted "liberty" is the liberty for the rich and powerful to make other people's lives miserable at their whims.

      You seem to live in a Corporate dystopia and feel like it's normal. Companies have absolutely no right to stick their nose in what you do outside business hours. It's not their business if you're gay, drink or smoke joints, have mistresses, belong to any club, organisation or religion, etc. Here in Europe we consider our private life to be sacred.

      And we really don't give a fuck if politicians do these things, unless they're hypocritical right-wing sanctimonious pricks, of course. We're more concerned that they might be corrupt, which is what really matters for their jobs, not if they love pussy or beer.

      If you do your work right, why the fuck should your employer mind what you do at home?

    19. Re:Not a problem by Anonymous Coward · · Score: 0

      cant even spot a HUGE grammar fopar like that .

      Either I missed the whooshing sound, or you fail to spot quite a bit too.

    20. Re:Not a problem by BVis · · Score: 1

      The only reason you didn't notice the right go apeshit crazy over POTUS' remarks on the subject is that they were apeshit crazy to begin with. There was plenty of criticism from the usual suspects.

      --
      Never underestimate the power of stupid people in large groups.
    21. Re:Not a problem by BVis · · Score: 1

      What means this 'work contract'? They're mostly unenforceable in the USA, and therefore useless to employer and employee alike.

      --
      Never underestimate the power of stupid people in large groups.
    22. Re:Not a problem by BVis · · Score: 3

      Because the liability (and other) insurance companies MAKE them care. "Drug test your employees or your liability insurance premiums double". "You had an employee have the nerve to get cancer last year, your health insurance premiums just went up 50%" (This could be used as an excuse to fire anyone who smokes. You laugh, but it's happened.)

      Just another case of a country run for the corporations, by the corporations. It isn't the 1 president or 535 congresscritters or the 9 justices that make the decisions that matter in this country, it's whoever has the most money.

      --
      Never underestimate the power of stupid people in large groups.
    23. Re:Not a problem by Garybaldy · · Score: 1

      That reminds me of the Clinton BJ. We were all up in arms over here in the states. Yet my European friends were like what's the problem.

    24. Re:Not a problem by jmac_the_man · · Score: 1
      The problem is that he lied under oath. He was accused of sexually harassing an intern, and was being sued for it. Isn't the fact that he got a blowjob from a different intern relevant as evidence in that case?

      Or is perjury not illegal in Europe?

    25. Re:Not a problem by hendridm · · Score: 1

      Isn't it illegal to ask such things at an interview, since Facebook account likely to have some nuggets on your age/religion/etc?

      It's illegal to discriminate based on those criteria, but it's not illegal to know this information. And it's easy to discriminate based on anything you like as long as you don't acknowledge it...

      "Thank you for your interest in Kramerica, Inc. We received a large number of applicants for the position of Oil Bladder Tech, and upon reviewing them, we have decided to move ahead with more qulified applicants. Your resume will be kept on file should for 90 days. Thank you for your interest in Kramerica!"

    26. Re:Not a problem by IndustrialComplex · · Score: 1

      It might be because the autocorrect on your phone is junk. My phone introduces more errors than it fixes.

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    27. Re:Not a problem by KevReedUK · · Score: 1

      ...you mean like your spelling "faux pas"?

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    28. Re:Not a problem by daem0n1x · · Score: 1

      Isn't the fact that he got a blowjob from a different intern relevant as evidence in that case?

      No. If the case was about harassment, they should prove the harassment. The problem is, the case was about embarrassing Clinton at all cost.

      Unfortunately this kind of low politics is arriving in Europe. And what's even more surprising, in France! The multiple Dominique Strauss-Khan scandals are nothing but politically motivated attacks. Let me enumerate:

      1. 1. The supposed rape case in the US had zero credibility and was dismissed, but only after DSK's reputation was destroyed and he was replaced by one of Sarkozy's minions as president of IMF.
      2. 2. Information leaked from the Ministry of Interior about DSK having been identified by the police in a routine check near the Bois de Boulogne park, a place used for sexual encounters. The media forgot to mention that walking near the park is not illegal, and it's a felony to leak data about any citizen being identified by the police in any place, when only minding his own business.
      3. 3. DSK was once again arrested for participating in orgies in the USA. I find it ridiculous that someone can be arrested in France for something like that. It's obviously character assassination, as if the man is not assassinated enough.

      Disclaimer: I don't like Clinton or DSK, their parties, or their policies.

      Nicolas Sarkozy brought the shit-slinging politics to Europe. The Western Civilisation doesn't have a chance when the private life of politicians becomes more important than than their policies.

    29. Re:Not a problem by interkin3tic · · Score: 1

      I've been wondering why no one is bringing up the security aspects of it. All these businesses are probably not treating the login data with their due dilligence: facebook login information provided to an employer is likely going to find itself printed out on paper and eventually put into a dumpster unshredded. People put their date of birth and hometown on there: that can be used to guess the all-important last 4 digits of a social security number. Why isn't anyone looking out for the individuals who are likely to get their identities stolen by...

      Oh, gee, look what I did there. I started to ask a naive question.

      Anyway, maybe it should also be that employers would be held liable for getting employee facebook information. If you get fired, your employer has access to your facebook profile, and knows therefore that you are gay, for example, it should be easier to sue them. Any legal experts want to tell me why this wouldn't work (aside from the obvious fact that the chamber of commerce would put a stop to it.)

    30. Re:Not a problem by techno-vampire · · Score: 1

      Autocorrect is no substitute for proofreading. Among other things, it can't spot the fact that you spelled the wrong word correctly, such as using "there" where you should have used either "their" or "they're."

      --
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    31. Re:Not a problem by Anonymous Coward · · Score: 0

      How to tell when you are dealing with a raging psycho: When what is being argued about and what is driving the argument bare no sane connection.

    32. Re:Not a problem by jmac_the_man · · Score: 1
      The comments about Strauss-Khan are a red herring. The man is a politician who is the alleged target of a conspiracy by his political enemies. I don't know enough about French/European politics to comment on whether he was in fact set up.

      But back to Clinton. Paula Jones accused Clinton of sexually harassing her, which Clinton denied. How do you prove anything in that kind of he said, she said?

      Jones's lawyers tried to show that Clinton had had sexual relationships with a large number of other government employees, one of whom was Lewinsky. Clinton lied about having sex with Lewinsky, which potentially got him off the hook for a serious tort. (He would later settle with Jones when her appeal went better than her initial suit.) That's what he was impeached for. Lying under oath.

    33. Re:Not a problem by DiEx-15 · · Score: 1

      Craigslist == Den of Thieves. 'Nuff said.

  2. Do employers really ask for your fb password? by locopuyo · · Score: 2

    I've never heard of an employer asking this before. Do they try to save money buy using it as an alternative background check or something? Asking for someone's password seems ridiculous.

    1. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 4, Interesting

      I've never heard of an employer asking this before. Do they try to save money buy using it as an alternative background check or something? Asking for someone's password seems ridiculous.

      In the words of Bill Hicks, "Where's all this shit happening?!"

      I keep reading about this but have never seen it happen myself or talked to anyone whose had it happen to them.

    2. Re:Do employers really ask for your fb password? by KevReedUK · · Score: 2

      I'm thinking (hoping) more of a security/sanity check. i.e. If you're daft enough to give it to them, they'll drop you from the interview list as a high risk to social engineering attacks against them.

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    3. Re:Do employers really ask for your fb password? by AHuxley · · Score: 2

      It would let the firm/gov see everything you may keep private. Images, friends, interests, chat logs - depending on service e.g. IM, web 2.0. Links, fan art, body art, politics can all be hidden under some 'clean' public versions of sites.
      That clean site of a 30 yo with security clearances, a nice family, an open source project as a hobby and a musical background ...
      Might have a long lost hidden/forgotten/friend/past developer with ...... interests that could make them very very risky.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      If the employee is genuinely risky to real business, the employer should know.
      If it's just a bunch of prejudice stuff, it's none of their business.

    5. Re:Do employers really ask for your fb password? by DarwinSurvivor · · Score: 5, Insightful

      In British Columbia, Canada there is actually a list of things an employer is NOT allowed to ask you (age, marital status, religion, sexual orientation, etc), and almost all of them can be answered by viewing your facebook account.

    6. Re:Do employers really ask for your fb password? by cpu6502 · · Score: 4, Informative

      The Maryland government police were asking for facebook passwords. Then it was discovered some private employers do the same, so the Legislature stepped forward and did its job (banned the practice). Now we just need to get the other 49 Member States of the union to do the same. :-)

      --
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    7. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 1

      >> If the employee is genuinely risky to real business, the employer should know.

      Yes, they should. Maybe they should be allowed to search my house too!
      Why are you so paranoid....Risky to business? Whatever!

    8. Re:Do employers really ask for your fb password? by MaskedSlacker · · Score: 5, Informative

      Los Angeles County Sheriff's Department requires it for one that I know of personally.

    9. Re:Do employers really ask for your fb password? by cpu6502 · · Score: 2

      Oh and the 27 states of the European union (just to be thorough).

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    10. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      I've never heard of an employer asking this before. Do they try to save money buy using it as an alternative background check or something? Asking for someone's password seems ridiculous.

      You know what seems even more ridiculous? The fact that we've discussed this very topic here before multiple times, it's been plastered all over media, even hit the news, and now we have active legislation going on, and yet people keep asking if this is happening.

      Short answer is yes. It is happening. Read a few posts here or on other similar pages for evidence. Might not be mainstream, but with this kind of bullshit, let even one company do it, and talk about HR policy going "viral"...

    11. Re:Do employers really ask for your fb password? by __aaltlg1547 · · Score: 3, Informative

      My daughter applied for a job and they asked to see her Facebook page.

    12. Re:Do employers really ask for your fb password? by Formalin · · Score: 1

      I think most of those are also forbidden in the US.

      We've got another one though... drug testing is generally not allowed in Canada (exceptions for things like heavy machinery operators [incl. professional drivers], probably cops and judges, etc.)

      I'm not sure how far they can stretch the hazardous duty clause though. Does someone writing code for something mission critical count? Who defines mission critical?

      Anyway, better still avoid idiots tagging you in photos with bong-hits in the background.

    13. Re:Do employers really ask for your fb password? by javascriptjunkie · · Score: 2

      Yes. They do. It was part of why I left my last job. Social media marketing companies in particular are notorious for wanting to snoop around. They also do things like create social media profiles in your name that they swear will change when you go. And their word is as good as the paper it's printed on. Personally, I wouldn't work with any company that demanded my facebook information. While not technically illegal everywhere, it's in bad taste.

    14. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      Very, very risky for having body art and doing what else exactly?

      To me this is like the Swiss tradition of having applicants out a photo on their CV, it is just an opportunity to discriminate on the grounds that you won't fit the corporate culture (read: meet the HR persons cultural prejudice).

    15. Re:Do employers really ask for your fb password? by Hognoxious · · Score: 1

      I used to think those adverts where they ask for 4 years of experience in something that only came out 2 years ago were a trick to catch liars. They aren't.

      Recruiters aren't all idiots, but if you assume they are you'll be right more often than you'll be wrong.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    16. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      You know what seems even more ridiculous? The fact that we've discussed this very topic here before multiple times, it's been plastered all over media, even hit the news, and now we have active legislation going on, and yet people keep asking if this is happening.

      But I'm vastly superior to everyone because I don't watch television, read newspapers, or TFA on /. so I'm woefully misinformed!

    17. Re:Do employers really ask for your fb password? by Dreamstalker_wolf · · Score: 1

      That would make too much sense; although I am curious if a security-related job would still ask for it (and why).

    18. Re:Do employers really ask for your fb password? by KevReedUK · · Score: 1

      Your post doesn't have to be directly security-related for the business to be placed at risk when you get suckered by social engineering attacks.

      That being said, even my comment above was kinda tongue-in-cheek attempt at playing devils' advocate. I'm sad to say that we live in a world where I don't honestly think that any but the tiniest proportion of those businesses requesting FB (or any other, for that matter) passwords would be doing so for the reason I stated.

      Fact of the matter is, it's an employers' market at the moment, so unless it is specifically legislated against, employers will use these and any other dirty tricks they like to help narrow down their pool of candidates. Whilst, in an ideal world, anyone who gives such information to a (potential) employer should not be considered for the job for security reasons, my concern is that instead, whether they ultimately use the password or not, the employer will simply hire those that co-operate due to seeing them as being more compliant, lacking the ability to think for themselves and therefore ideal worker-drone material.

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    19. Re:Do employers really ask for your fb password? by angelofdarkness · · Score: 1

      I'm not aware of this practice in Europe... but give it some time and some some pointy-hair boss will think it's a great idea.

    20. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      The real question is where does this all end? First it's your FB account, then they want your IM account, then it's email. Yeah, maybe if you're applying for a job at the FBI then I can see it...maybe. But if I'm apply for a job to write code for somebody then it's none of their fucking business what I do on FB, or anywhere else for that matter.

    21. Re:Do employers really ask for your fb password? by Anonymous Coward · · Score: 0

      It's been happening for some time now:

      http://yro.slashdot.org/story/09/06/18/1736257/montana-city-requires-workers-internet-accounts

  3. So by koan · · Score: 0

    Exactly how much pull does Facebook have? This seems way to timely and motivated for government workers/politicians, it reeks of Facebook making a "request".

    --
    "If any question why we died, Tell them because our fathers lied."
  4. I hope it isn't too specific. by dgatwood · · Score: 2

    I hope they were smart enough to write this law fairly broadly. Employers should not be allowed to ask for passwords to any account, social media or otherwise. If they wrote it specifically for social media accounts, then they'll just have to write it all over again the next time some other type of account becomes the target of unscrupulous employers.

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    1. Re:I hope it isn't too specific. by TheBlueCrab · · Score: 5, Informative

      It seems like its broad enough. Here's the actual bill itself.

    2. Re:I hope it isn't too specific. by knorthern+knight · · Score: 2

      > It seems like its broad enough. Here's the actual bill itself.

      I've heard that some employers get around the password stuff by requiring THE EMPLOYEE to login during the interview, and then they shoulder-surf as the employee goes through his private photos and postings. Is that loophole covered?

      --

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  5. We really had to make a law for this? by xQx · · Score: 3, Insightful

    The surprising part about this news is that they actually had to pass a law making this practice illegal!

    You would think this is such an obvious invasion of privacy that it would be covered by existing laws.

    Still, if the great US of A is lecturing the world about "Internet Freedoms" while simultaneously perusing wikileaks for "terrorism", trying to pass laws like the SOPA, PIPA and shoving the ACTA down the throats of the rest of the world, I guess we shouldn't take anything for granted.

    Ahh, where else but America... "The land of the free".

    1. Re:We really had to make a law for this? by SaroDarksbane · · Score: 1, Insightful

      You would think this is such an obvious invasion of privacy that it would be covered by existing laws.

      It's not really an invasion of privacy if you hand over the information yourself.

    2. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      This was part of the Freedoms for Business Initiative. It's a pretty wide-reaching program in the US.

      Things like "at-will employment", "right to work", and all that jazz.

    3. Re:We really had to make a law for this? by gstrickler · · Score: 2

      Exactly.

      Amendment 4 - Search and Seizure
      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Why would any employer would think it's legal, ethical, or justifiable to ask to perform a search of your private accounts (papers and effects), any more than searching your home, vehicle, bank account, or diary without a warrant? It's absurd. Shouldn't need any additional law.

      Furthermore, disclosing your password is a violation of the FB ToS, so they're asking you to breach your contract with FB (or other provider).

      --
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    4. Re:We really had to make a law for this? by ZeroSumHappiness · · Score: 2, Insightful

      Because private entities aren't required to abide by the Constitution since the Constitution sets the framework for government.

    5. Re:We really had to make a law for this? by cpu6502 · · Score: 2

      Constitutional law only applies to the U.S. Government (and by extension of SCOTUS case law... State governments). It has no application to private entities. That is why neither Congress not the Legislature may limit your free speech, but this website, your employer, or a private store/business most certainly can.

      There are probably laws that forbid employers from asking for PINs to your credit card or bank account. Perhaps you could prosecute them for asking for your "PIN" on facebook, but I have no idea. It might not get far.

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    6. Re:We really had to make a law for this? by nedlohs · · Score: 3, Insightful

      Because they aren't the government and hence the 4th amendment is irrelevant.

      Also note that the 4th amendment doesn't say that the government can't ask to look at your stuff - just that they can't force you to let them (without probable cause/etc). So even if it was relevant it wouldn't stop a potential employer from asking.

    7. Re:We really had to make a law for this? by Mitreya · · Score: 1

      It's not really an invasion of privacy if you hand over the information yourself.

      True, but I think it is a discrimination issue, since access to Facebook would like provide answer to a host of questions they are explicitly forbidden to ask (e.g., age)

    8. Re:We really had to make a law for this? by Fluffeh · · Score: 2

      It's not really an invasion of privacy if you hand over the information yourself.

      No, it simply makes it an abuse of power. You NEED this job eh? Right, well as we have a few people to pick from, how about we pay you half the going rate, but hire you today? That's another abuse of power. No different really. People in a tight place will do just about anything to get out and sadly there are many people quite happy to use that to their own advantage.

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    9. Re:We really had to make a law for this? by stretch0611 · · Score: 3, Insightful

      It's not really an invasion of privacy if you hand over the information yourself.

      Is it still not a privacy invasion if you haven't been able to pay the rent/mortgage for a few months, your water and electricity are about to be shut off and somebody says "give me your password if you want this job..."

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    10. Re:We really had to make a law for this? by spire3661 · · Score: 2

      They are NOT forbidden to ask. What is forbidden is using the answer to deny employment. Its fairly distinct. Its not simply "they asked me how old i was so they are automatically guilty of something." If it can be proven you were denied the job for protected reasons, THEN it is an issue.

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    11. Re:We really had to make a law for this? by spire3661 · · Score: 1

      For the millionth time, after everyone realized it was a ToS violation they simply ASKED THE APPLICANT TO LOG IN THEMSELVES.

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      Good-bye
    12. Re:We really had to make a law for this? by Billly+Gates · · Score: 1

      In Central Florida if you search I.T. jobs you will find 80% of them pay below market average with many that pay half. A few pay the correct wage but there are so many applying for them that it is near impossible.

      $13 an hour for an MCSE certified, computer science background, Cisco router certification a plus, SQL Server administration, etc. No benefits

    13. Re:We really had to make a law for this? by Billly+Gates · · Score: 2

      Because private entities aren't required to abide by the Constitution since the Constitution sets the framework for government.

      You should look up unlawful detention? Retailers used to not let you leave the store if they catch you shoplifting until the police arrive. SOmeone used the Constitution claiming unlawful imprisonment and won!

      If you steal anything the retailer can't stop you! All they can do is talk to you to distract you while the police arive.

      If businesses are under the power of the constitution than this would be also.

    14. Re:We really had to make a law for this? by gstrickler · · Score: 2

      Civil rights guarantees apply to everyone, not just the US Govt. It's illegal for any person to deprive you of your civil rights, and has been repeatedly found to apply to individuals as well as businesses and government.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    15. Re:We really had to make a law for this? by gstrickler · · Score: 1

      Civil rights apply to everyone. Just try violating someone's civil rights and you'll find out just how much.

      This wasn't a "request" by any standard. This was give us the info or else. RTFA.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    16. Re:We really had to make a law for this? by nedlohs · · Score: 1

      I can't violate someone's 4th amendment rights, since I'm not an agent of the government.

      I can't seize their stuff. Or go through their personal belongings without permission. Or seize them. Those things are illegal but not due to the 4th amendment.

      It was "or else we won't give you the job". Which I agree should be illegal, but the 4th amendment doesn't make it so (well in the exact case in the article it might because it was a government job so it was in fact the government doing the searching, but that's not the general issue I'm talking about).

    17. Re:We really had to make a law for this? by shutdown+-p+now · · Score: 2

      Only true for a very narrow definition of "civil rights" - basically, what's covered by the 14th Amendment. Most certainly, neither 1st nor 2nd nor 4th control how private entities may restrict their employees.

    18. Re:We really had to make a law for this? by gl4ss · · Score: 1

      oh it's still a privacy invasion and a breach of contract with another entity(fb).

      just like it's invasion of privacy and forbidden of them to ask access to your house in order to decide if they want to employ you or not. they're an employer and they're bound by some rules, it would be different if it was someone refusing to be friends with you if you didn't invite them over to your house..

      --
      world was created 5 seconds before this post as it is.
    19. Re:We really had to make a law for this? by gl4ss · · Score: 1

      There are probably laws that forbid employers from asking for PINs to your credit card or bank account. Perhaps you could prosecute them for asking for your "PIN" on facebook, but I have no idea. It might not get far.

      is it an american thing that something must be specifically said in legislature in order for people to understand it to be illegal? is it like patenting already used things but attach "smartphone" at the back? are all specific driving impairing substances banned for driving seperately instead of there being provision for not driving while not fit to drive?

      --
      world was created 5 seconds before this post as it is.
    20. Re:We really had to make a law for this? by Hognoxious · · Score: 2

      In Central Florida if you search I.T. jobs you will find 80% of them pay below market average

      The other 20% must pay really well, then.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    21. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      You should look up unlawful detention? Retailers used to not let you leave the store if they catch you shoplifting until the police arrive. SOmeone used the Constitution claiming unlawful imprisonment and won!

      [citation needed]

    22. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      There's this thing called 'freedom', you see. It means that you can do whatever you want unless it's specifically prohibited in law, and even those laws don't apply if they're illegal themselves.

      I realize it's a difficult concept for some people to understand.

    23. Re:We really had to make a law for this? by crossmr · · Score: 1

      I would suggest that if you knew anything about the USA you wouldn't really find this surprising at all.

    24. Re:We really had to make a law for this? by JoelKatz · · Score: 1

      You know what's an invasion of privacy? Passing a law that tells one person that they can't ask another person a question. That's an invasion of privacy in my book. We need these laws because some people are too dumb to say "no", and smart people are afraid that if they do say "no", they won't be able to compete with the dumb people willing to say "yes". It's idiocy all around.

    25. Re:We really had to make a law for this? by JosKarith · · Score: 1

      So if I invent a new way of abusing your human rights, destroying your freedoms or removing your property that's fine because it's not been specifically legislated against? Niiiice.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    26. Re:We really had to make a law for this? by Alex+Belits · · Score: 1

      $13 an hour for an MCSE certified, computer science background, Cisco router certification a plus, SQL Server administration, etc. No benefits

      That's exactly what those jobs should pay.

      --
      Contrary to the popular belief, there indeed is no God.
    27. Re:We really had to make a law for this? by Alex+Belits · · Score: 1

      You have just described the most common activity in US.

      Yes, this is what their "freedom" is about, and I see absolutely nothing positive in it.

      --
      Contrary to the popular belief, there indeed is no God.
    28. Re:We really had to make a law for this? by Alex+Belits · · Score: 1

      Businesses and governments don't have privacy.

      --
      Contrary to the popular belief, there indeed is no God.
    29. Re:We really had to make a law for this? by roman_mir · · Score: 1

      Yes, the employer or a potential employer can ask you, it's not a violation of anybody's rights for an employer to ask anything (and AFAIC it's not a right that an employee has, it's an entitlement by gov't and obligation to the employer, that employer can't ask about all other stuff, can't discriminate based on whatever the hell employer wants to discriminate on).

      It's (potential) employer's right to ask, and it's (potential) employee's right to tell him to go fuck himself.

      There is no such thing as an entitlement to a job. I MUST be able to ask anybody anything, it MUST NOT be an obligation forced by the state upon me that I cannot ask whatever the hell I want to ask about.

      It's not a gov't job, thus there is no 'rights' being violated. It's 2 private individuals doing business, talking about a possible contract deal. If one behaves in a way that offends the other, the other can tell him it's bullshit (in whatever words he chooses).

      But saying that gov't is allowed, is authorised to tell employers and employees exactly how they conduct their contract negotiations? This is nonsense.

    30. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      But saying that gov't is allowed, is authorised to tell employers and employees exactly how they conduct their contract negotiations? This is nonsense.

      Nah, it's just being fair.

      If individuals can do it, then government which is made up of individuals can do it too

      If the people don't like it, they can tell the government to f off (just like how you say a potential employee can refuse a potential employer)

      It doesn't have to be with words either. Actions often speak louder than words (i.e. moving your wealth out of the country, outsource the jobs, dodge taxes, etc.)

      Of course telling the government to f off may be a wee bit more difficult than telling a potential employer to f off, but people have every freedom and liberty to do so. Their own fault for not choosing to do it (or maybe they're fine with it and don't think it's bullshit, then who are we to judge?)

    31. Re:We really had to make a law for this? by BVis · · Score: 1

      You're wrong about that. Employment law (such as it is in this country[USA]) specifically forbids you from asking certain questions in a job interview setting. These include things like your age, your marital status, your sexual orientation, your ethnic background and so forth.

      These laws wouldn't be necessary unless there was a problem to begin with that required regulation. The opacity of the job interview/hiring process made it waaaay too easy for someone to discriminate on the basis of age/sex/orientation/ethnic background, so laws were written to make those practices specifically illegal. Doesn't mean it doesn't still happen, but now if you're asked these questions in a job interview, you have recourse. No sane potential employer wants to get sued over asking a question.

      --
      Never underestimate the power of stupid people in large groups.
    32. Re:We really had to make a law for this? by roman_mir · · Score: 1

      That's not a contract between 2 individuals, it's not even a contract between a gov't and an individual business, it's a relationship, where one side has power that are akin to that of a prison ward and the other is the prisoner, guess who is who.

      But if we are talking about rights, that concept is completely abolished in that sort of a relationship.

    33. Re:We really had to make a law for this? by roman_mir · · Score: 1

      These laws wouldn't be necessary unless there was a problem to begin with that required regulation.

      - that's the bullshit argument used to justify every power grab, every time gov't oversteps its authority it is justified with those precise words, even grammar and punctuation can stay the same.

      And it's bullshit. People MUST BE ABLE TO DISCRIMINATE, and it's none of gov't business how we do that and what we base our decisions to hire or not to hire, to sell our labour or not to sell.

      We discriminate on daily basis - who you date, where you shop, etc., but become an employer all of a sudden, put an ad into a newspaper that you want to hire a black female of age 30-32, who can't have children because she had ovaries removed, and it's somehow a problem with the GOVERNMENT.

      It's bullshit. Everybody must be able to discriminate, it's our right as a free person.

    34. Re:We really had to make a law for this? by Bigby · · Score: 1

      Or else what? We won't hire you? Do you have a right to that job? What about the employer's freedom? An no, not all employers are evil.

    35. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      That's not a contract between 2 individuals, it's not even a contract between a gov't and an individual business,

      Doesn't matter. The reality is still that people, including government (government is made up of people as well), can do whatever the hell they want, including messing with what you call "rights" (but if people can mess with it, it's hardly a "right"?)

      Even in a contract, people can break and not honor contracts if they want. You'll have to resort to (government) force to get them to, which defeats the purpose of the whole free willing individual thing.

      it's a relationship, where one side has power that are akin to that of a prison ward and the other is the prisoner, guess who is who.

      Of course the government is the prisoner. People don't need government to exist. Government needs people to exist. Notice how the government are working to push the rich's agenda, not the other way around? Notice how the rich bribe politicians to do stuff for the rich, and not the other way around?

      The rich (the people) are the employers and masters, the government are their employees and slaves

      But if we are talking about rights, that concept is completely abolished in that sort of a relationship.

      As said above, if people are free to do whatever the hell they want, including mess with your "rights", then do you really have "rights"?

      I say no, we are not talking about rights, because rights do not exist. Talking about something that doesn't exist is akin to talking about a bearded man in the sky who's always looking out for you but will damn you to hell if you don't believe or don't follow his rules. Now that is nonsense.

      Rights don't exist. Not even individual rights. Most people don't violate what you call "rights" only because they don't have a reason to, but the moment they do have a reason, all bets are off

      You'll never be truly free if you believe in rights, and that somebody else (government) will protect them. No, you are the only one who can defend yourself. Stop talking about rights, start building up your own wealth so you can hire bodyguards or whatever you think you need to protect your rights without government

    36. Re:We really had to make a law for this? by Anonymous Coward · · Score: 0

      We discriminate on daily basis - who you date, where you shop, etc., but become an employer all of a sudden, put an ad into a newspaper that you want to hire a black female of age 30-32, who can't have children because she had ovaries removed, and it's somehow a problem with the GOVERNMENT.

      give it a rest, man. the whole ron paul is a racist bit is old news that nobody cares about. nobody is trying to attack your lord as a racist, so you don't need to defend him on the matter.

      of course, we'd tell you to go back to talking the issues, but you suck at that, too.

    37. Re:We really had to make a law for this? by ZeroSumHappiness · · Score: 1

      If you read the 14th Amendment you'll realize that it says that each state must enact laws to ensure equal protection under the law. The amendment is imposing a requirement upon the states, not upon private parties.

    38. Re:We really had to make a law for this? by ZeroSumHappiness · · Score: 1

      Yeah, unlawful imprisonment is in no way related to any of the bill of rights or Constitutional Law. It's more closely related to kidnapping charges -- you're not allowed to make someone go somewhere or do something without their consent.

    39. Re:We really had to make a law for this? by bigdavex · · Score: 1

      It's a bigger right than the freedom from forcible searches.

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      I think you're implicitly asserting that all searches with consent of the citizen are reasonable. I don't agree with that, in that I believe searches can be unreasonable even with consent. E.g., the Fourth Ammendment probits the governement from installing a camera in random people's bedrooms, even if for some reason they agree to it.

      --
      -Dave
    40. Re:We really had to make a law for this? by cpu6502 · · Score: 1

      >>>is it an american thing that something must be specifically said in legislature in order for people to understand it to be illegal?

      No. It also operates the same in most EU states too. Human activities like same sex, smoking weed, selling guns, etc is assumed to be "allowed" until a law is passed which makes it criminal.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    41. Re:We really had to make a law for this? by Golddess · · Score: 1

      That isn't...

      *thinks about all those "with a computer" and "on the internet" patents*

      .....nevermind.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  6. Gotta love this gem from the law as written by way2trivial · · Score: 1

    "AN EMPLOYER MAY REQUIRE AN EMPLOYEE TO DISCLOSE ANY
    26 USER NAME, PASSWORD, OR OTHER MEANS FOR ACCESSING NONPERSONAL
    27 ACCOUNTS OR SERVICES THAT PROVIDE ACCESS TO THE EMPLOYER’S INTERNAL
    28 COMPUTER OR INFORMATION SYSTEMS."

    the 'terry childs' portion...

    can you enter in financially binding transactions with your account? like a stock broker? well-- good luck proving it wasn't you if your password for work accounts MUST be known...

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:Gotta love this gem from the law as written by Anonymous Coward · · Score: 0

      IANAL, but couldn't one argue they could possible require your facebook password if it's accessed from within the company's network.

      (sod off chrome, I'm not capitalising facebook.)

    2. Re:Gotta love this gem from the law as written by MaskedSlacker · · Score: 1

      Keyword was NONPERSONAL ACCOUNTS. So not unless your facebook account is a work account owned by the company (e.x. if you have the account which controls the company's facebook page). Your personal account is safe.

  7. Does the submitter know how laws are made? by Anonymous Coward · · Score: 1

    "Maryland Bans Employers From Asking For Facebook Passwords" and then says "awaits only the signature of governor Martin O'Malley"

    Which is it?

    1. Re:Does the submitter know how laws are made? by Fluffeh · · Score: 4, Informative

      Which is it?

      Neither and both. This is the final stage in the law-making process. It has passed through both houses of the state, which means that all the folks have agreed to it as it is. While the Govenor *could* veto it, even not signing it means it passes into law. While it is possible that this falls over through a veto, it is one of those one in a million chance things. So, effectively, you can say once both hosues agree, it has passed, but is still awaiting the formality of the boss' signature.

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    2. Re:Does the submitter know how laws are made? by sjames · · Score: 1

      Agreed. I doubt the governor is THAT desperate to sabotage his political career.

  8. Fyi to the above-- by way2trivial · · Score: 1

    if you don't get it? equate it to requiring a ink stamp with your legally binding signature.....

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  9. In the employers' defense... by Cazekiel · · Score: 2

    ...there's no piss-test for Farmville addiction.

    --
    You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
    1. Re:In the employers' defense... by Anonymous Coward · · Score: 1

      ...there's no piss-test for Farmville addiction.

      In the defense of Common Sense, maybe there fucking should be.

    2. Re:In the employers' defense... by Billly+Gates · · Score: 1

      As long as it is not at work who CARES?!

    3. Re:In the employers' defense... by Cazekiel · · Score: 1

      For crying out loud, it's a joke. I DID play Farmville like an idiot a few years ago, so I know the idiocy. Do I really need to go step-by-step with you? Really? Okay...

      "In the employers' defense, there's no piss-test for Farmville addiction. Anyone who plays Farmville religiously needs to be rehabilitated, or in the worst cases institutionalized, not out and about in the world with the rest of us happy people."

      And here's visuals of the joke: http://www.youtube.com/watch?v=odBDAcOEKuI

      --
      You want to know how to help your kids? LEAVE THEM THE F*&K ALONE. --George Carlin
  10. who the hell agreed to this to begin with? by Anonymous Coward · · Score: 0

    why would anyone say yes?

    1. Re:who the hell agreed to this to begin with? by BVis · · Score: 1

      Because they need a job. Also, if there's a fight over unemployment benefits, and it comes out that you refused to cooperate with a potential employer in the hiring process, you could lose your benefits.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:who the hell agreed to this to begin with? by jeff4747 · · Score: 1

      Do you realize just how many things you'd do if the fridge is empty and your kid says "Daddy, I'm hungry"?

    3. Re:who the hell agreed to this to begin with? by Reservoir+Penguin · · Score: 1

      I'd send my kid to beg for money and food.

      --
      US-UK-Israel: The real Axis of Evil
    4. Re:who the hell agreed to this to begin with? by jeff4747 · · Score: 1

      Gets your kid taken away. By the state or worse.

    5. Re:who the hell agreed to this to begin with? by Reservoir+Penguin · · Score: 1

      so, problem solved then?

      --
      US-UK-Israel: The real Axis of Evil
  11. What if by koan · · Score: 1

    You don't have a Facebook account or any other social media account? What then?

    --
    "If any question why we died, Tell them because our fathers lied."
    1. Re:What if by Anonymous Coward · · Score: 4, Funny

      You'd be my first pick. Can't stand fadbook, it's like AOL for retards. AOL is like the web for retards. The web is like the Internet for retards. As for the Internet...Al Gore is a retard. It all makes sense now.

    2. Re:What if by ZeroSumHappiness · · Score: 2

      I've said it before and apparently I'll say it again. This is how the interview would go:

      HR Person: "Please provide your login credentials for Facebook."
      Interviewee: "I don't use Facebook."
      HR Person: "Right. 'Refused to provide Facebook login credentials.'"

      Result: Circular file.

    3. Re:What if by koan · · Score: 1

      I think you're more likely to see the employer that ask for Facebook passwords think "he's hiding something" "he's anti-social" "he's a luddite"

      --
      "If any question why we died, Tell them because our fathers lied."
    4. Re:What if by swillden · · Score: 4, Insightful

      I've said it before and apparently I'll say it again. This is how the interview would go:

      HR Person: "Please provide your login credentials for Facebook." Interviewee: "I don't use Facebook." HR Person: "Right. 'Refused to provide Facebook login credentials.'"

      Result: Circular file.

      Not for me. Here's how it would go:

      HR Person: "Please provide your login credentials for Facebook."
      Me: Have a nice day (as I stand to leave)
      HR Person: Where are you going?
      Me: To interview with better companies.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    5. Re:What if by Anonymous Coward · · Score: 0

      I would prefer to point out that the terms/contract I agreed to when sigining up for Facebook said I wasn't allowed to give my password to anyone. Then I'd point out by accessing my account they'd be in violation of the terms they agreed to and ask them if breaking contracts with other businesses was something they regularly do at their company.

      If they aren't pissed at me yet or didn't quickly change the subject, I'd keep at it until they were pissed. I wouldn't expect to get an offer and it's unliekly I would accept one if I did. I'd also post on Glassdoor that they asked for the account details.

      FYI: There's almost nothing on my Facebook page. I only have it so old acquaintances have a way of finding me if they want to (I signed up early when it was still .edu only).

    6. Re:What if by JockTroll · · Score: 1, Funny
      Yeah, like it would hurt them so much. A better alternative:

      HR Person: Please provide your login credentials for Facebook.

      ME: How's your kid?

      HR Person: What?

      ME: Such a nice kid. Aren't you worried about him straying from the school grounds? It's a terrible world out there, you know.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    7. Re:What if by Anonymous Coward · · Score: 0

      It's one thing when we say that we "don't use" something that popular --people take it to mean we're outright lying, or just STOPPED using the product and want knowledge / pics away from prying eyes --but facebook permalinks can remain forever without being "removed" from what I hear.

      A better thing, on the other hand, is when "google can't link to my facebook because I've never been a member." The only good choice is not to create new accounts online. The hardest part is keeping yourself from joining all these free services. But it's hard and annoying to decline friend requests and confronting family and close friends in person year after year about holding out.

      Information is like a timeless minefield: get inevitably killed even if a mine gets loaded years after your foot left that spot. One day you join Google chat for some one-time need... down the road a Google Buzz-type leak lets someone know about stuff you'd forgotten existed.

    8. Re:What if by Anonymous Coward · · Score: 1

      HR Person: "Please provide your login credentials for Facebook."
      Interviewee: "May I have that request in writing? Nothing fancy, just an email or a memo."
      HR Person: "Why do you want it in writing?"
      Interviewee: "So that I can forward it, with a highlighted copy of 18 USC 1030 and facebook's TOS to the federal prosecutor. If the memo is to much to ask, I can turn on my phone's recorder and you can ask for verbally again."
      HR Person: "I won't give you the memo."
      Interviewee: "That's not really my problem. You've already committed a federal felony. It's just a matter of them collecting the evidence now."

      ----

      18 USC 1030 (a) (2) (c) Whoever— intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— information from any protected computer; shall be punished as provided in subsection (c) of this section.

      18 USC 1030 (b) Whoever conspires to commit or attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.

      18 USC 1030 (e) (2) (B) As used in this section— the term “protected computer” means a computer— which is used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

    9. Re:What if by Anonymous Coward · · Score: 0

      A better response would be to ask them to provide their login and password to their work computer.

    10. Re:What if by Anonymous Coward · · Score: 0

      Actually, they phrase it as, "Refused to comply with reasonable requests from management," according to a friend who was fired for not having a Facebook account.

      They asked all of the temp staff in the warehouse to give their FB details (but not passwords) to HR by lunchtime so HR could check their public profiles for references to work. After lunch, he was called in, sat at a PC, and told to log in to FB to show them what he was hiding. When he said he didn't have an account, he was fired on the spot and escorted out.
      In a warehouse of over 200 staff on all shifts, he was the only one without a FB account, so I suppose firing him was easier than trying to come up with a real policy.

    11. Re:What if by Hognoxious · · Score: 1

      Of course you would, 733t ninja snowflake. We believe you.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    12. Re:What if by thegarbz · · Score: 3, Insightful

      That's a narrow minded view. The company could be awesome and I'm not about to potentially ruin a career aspect with them because some lowly HR douche had an abortion of an idea. Hell if I walked out every time an interviewer asked me a question I disagree with I probably would never get past an interview stage. The problem is every so often someone comes in and makes a temporary dick move that may likely get reverted later and does not necessarily reflect the views of the entire company.

      The company I have now made such a dick move hiring (or rather not hiring) university grads this year. They stuffed up the list of applicants and we accidentally interviewed the rejects. When they were all rejected word spread that we were screwing people around. Doesn't mean that we have any intention of fouling it up again next time.

      Instead why not make your intentions known bluntly without screwing up potential opportunity? Just say "No, what I do in my private life between friends stays in my private life." It shows your position, strong character, and still leaves you the option to flip off the HR person with a big f-you if they insist on seeing it anyway.

    13. Re:What if by JoelKatz · · Score: 1

      That's the nature of "at will" employment. You can quit because you don't like your the color of your stapler and they can fire you because you don't have a Facebook page. If you don't like it, you are free to negotiate an employment contract. But most people really do prefer at will employment arrangements -- that's why they're so popular.

    14. Re:What if by swillden · · Score: 2

      Hell if I walked out every time an interviewer asked me a question I disagree with I probably would never get past an interview stage.

      There's a world of difference between "a question I disagree with" and "hand over your password".

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    15. Re:What if by Anonymous Coward · · Score: 1

      RETARD ALL THE THINGS!

    16. Re:What if by BVis · · Score: 1

      You: losing your unemployment benefits.

      --
      Never underestimate the power of stupid people in large groups.
    17. Re:What if by BVis · · Score: 1

      Find me one person who likes the fact that he/she can be terminated at any time for no stated reason. Employment contracts generally don't exist in the USA because in at-will states they're unenforceable.

      --
      Never underestimate the power of stupid people in large groups.
    18. Re:What if by thegarbz · · Score: 1

      You're reading too far into my use of english. In my case "a question I disagree with" has ended up with the same answer as asking for a facebook password, "none of your business". You think facebook is the first avenue that interviewers have used to try and gain insight into the personal lives of candidates?

      What about my main point? Would you honestly throw away a potentially great chance to work at a potentially great company that may be awesome just because of one stupid question asked at an interview? As I said there are plenty of stupid individuals who say something that may not represent the true culture of a company.

      Note that I'm assuming you looked into the company and actually wanted to work for them before you handed in your resume and weren't just blanket spamming for any old job offer. If that's your method of finding a job then I could see how you'd be so quick to give up on a company.

      Take the company I work at now. The rules from HR have come down that our rostered day off is forefit if we take annual leave, and that if we miss an RDO we need to take it before the following Wednesday. While this looks like crap policy on paper I have yet to find a single example of where this was actually enforced by any line / middle manager where I work.

    19. Re:What if by Reservoir+Penguin · · Score: 1

      Of course most people would like to have it both ways. To be able to jump the company the minute they got a better offer while at the same time retaining their own job security. My won contract requires me to notify my employer three months in advance and it has already caused me to miss out on nice job opportunities as a nice juicy position obviously will not stay on the market for that long.

      --
      US-UK-Israel: The real Axis of Evil
    20. Re:What if by swillden · · Score: 1

      You: losing your unemployment benefits.

      Bah. The only time I used unemployment benefits I discovered they were worthless; wouldn't cover even half of my mortgage, much less feed my family. I was better off flipping burgers part-time. I learned then to pay attention, see the writing on the wall and jump ship before getting laid off, rather than waiting until after.

      In any case, if the unemployment benefits office tried to cut me off because I refused to give personal, non-business information to a potential employer, I'd appeal that decision, and I'd win.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    21. Re:What if by BVis · · Score: 1

      I'd appeal that decision, and I'd win.

      Take it from someone who knows first-hand, unemployment coverage appeals are almost always found in the favor of the ex-employer. You refused to cooperate with the person interviewing you, thus you were not doing everything you can to get a new job. And without video surveillance or other records, it's your word versus the word of the employer, who is damn likely to be able to afford better lawyers than you to handle the appeal.

      And *some* money is better than *no* money. The fact that UI is a cruel joke in this country is another issue. You're *required* to take that burger-flipping job if it's offered to you.

      --
      Never underestimate the power of stupid people in large groups.
    22. Re:What if by KevReedUK · · Score: 1

      18 USC 1030 (a) (2) (c) Whoever— intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— information from any protected computer; shall be punished as provided in subsection (c) of this section.

      ...may not apply, as the act of handing over your password may be considered by the court to be at the very least a de-facto, possibly even de-jure, grant of authorisation to access the data/system in question. Furthermore, the definition of "computer" in the statute would only protect your pc, it does not appear to be worded in a way that protects your accounts and data held on FB's computers.

      Potentially, you could be putting yourself on the hook as conspiring to commit such a breach. Whether the fact that you would be in breach of FB's TOS means that any further access you make to FB's systems is considered "without proper authorisation" or "exceeds authorised access" may be something of a grey area.

      I should make clear, however, that IANAL and, furthermore, even if I was, I'm in the UK, so would unlikely be considered an expert in US laws.

      --
      Just my $0.03 (At current exchange rates, my £0.02 is worth more than your $0.02)
    23. Re:What if by swillden · · Score: 1

      I did take the burger-flipping job, and not only did it pay better than unemployment, I felt better about it, too.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    24. Re:What if by BVis · · Score: 1

      My point was that you didn't have a choice, even if it paid less than unemployment, you HAD to take it.

      --
      Never underestimate the power of stupid people in large groups.
    25. Re:What if by ajlisows · · Score: 1

      This "Give me your password" technique should be used in hiring. Especially in Network Engineering/Admin type positions.

      HR Person: "Please provide your login credentials for Facebook."

      Candidate: "Here you go."

      HR Person: "You FAIL."

      After all if you are willing to hand over your personal passwords to some random HR person, can you really be trusted with root passwords/domain admin passwords?

    26. Re:What if by swillden · · Score: 1

      My point was that you didn't have a choice, even if it paid less than unemployment, you HAD to take it.

      And my point was that unemployment is worthless, so not a reason to suck up to potential employers who I really don't want to work for.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    27. Re:What if by Anonymous Coward · · Score: 0

      What is narrow-minded is complaint jackasses like you bending over to get fucked in the ass and telling them thank you.

      If everyone stood up for their rights, companies couldn't get away with this bullshit.

      People like you are as big of a problem as the shitty companies trying to control all aspects of its employees lives.

      TL:DR FUCK OFF

  12. Simple by owlnation · · Score: 1

    There's no law requiring anyone to have a Facebook account (yet, anyway). And anyone who has their real name as their Facebook account is naive at best.

    1. Re:Simple by Daniel+Dvorkin · · Score: 1

      And anyone who has their real name as their Facebook account is naive at best.

      What about people who think using pseudonyms on Facebook -- or on Slashdot, for that matter -- actually protects their privacy?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  13. We don't need laws for this. by Anonymous Coward · · Score: 0

    In the past couple of weeks, national awareness of this practice has skyrocketed. Businesses will be put on blacklists and shamed away from the practice.

    We don't need more regulation to cover this. Let the national media do the work.

    1. Re:We don't need laws for this. by black3d · · Score: 1

      Kony who? The media moves on faster than anything. Awareness in "the past couple of weeks" means nothing for two weeks time. You DO need legislation to prevent this, because otherwise it'd be right back again.

      This story itself has been circular - comes up at least once a year for the past few years. Everyone gets all upset it about it then it dies down and companies keep doing it.

      --
      "The true measure of a person is how they act when they know they won't get caught." - DSRilk
  14. Maryland? Now moving.... by Anonymous Coward · · Score: 0

    Oh, well, good: My employer's just moved across the river.

    1. Re:Maryland? Now moving.... by gmhowell · · Score: 1

      Oh, well, good: My employer's just moved across the river.

      Problem is, it was across the Anacostia, which puts you in an even worse shithole than MD.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  15. It's already illegal by Anonymous Coward · · Score: 0

    It's against the law to discriminate based on Age, Sexual orientation, physical impairment, family situation, or Race. All of these things can be determined via facebook. You can't ask for this information so you can't ask for facebook access. Done.

  16. Not felony to violate terms of EULA, by Anonymous Coward · · Score: 0

    or so SCOTUS has now ruled. Wanna bet we now get a ruling that it's OK for employers to demand passwords? This is "employment-at-will" good ol' USofA, you know.

    Takes bets on how many days 'til...

  17. Maybe I'm wrong on this... by scream+at+the+sky · · Score: 2

    But I just can't help but think that any company who's core values are so completely fucked up that they request this, is someone who I just simply wouldn't want to work for in the first place?

    --
    I wish I was a neutron bomb, for once I could go off...
    1. Re:Maybe I'm wrong on this... by Formalin · · Score: 1

      Nice in theory, but when hard times come, people end up prostituting their souls, if nothing else.

      It gets more problematic when there are less employers that don't do this, as well.

    2. Re:Maybe I'm wrong on this... by scream+at+the+sky · · Score: 1

      I've been through the hard times, and was looking for work in the hard times, and, walked out of an interview during the hard times because a company wanted access to a password protected area of my personal website.

      when I refused the job, I told them exactly why, and thanked them for their time, and went to work for a competitor.

      --
      I wish I was a neutron bomb, for once I could go off...
  18. (Really? I have to do this?) by Anonymous Coward · · Score: 0

    I for one welcome out IT overlords.

  19. Think further. by khasim · · Score: 5, Insightful

    Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

    Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

    After they kind of implied that your off-hours hobbies WOULD influence their hiring decision.

    It's a lose-lose for them. I don't see why any company with any intelligent HR person would even broach the subject of "social media" with applicants.

    1. Re:Think further. by Billly+Gates · · Score: 4, Insightful

      That is the problem right there.

      HR has switched from finding the best talent for a position to mean discluding any and I mean any reason not to hire someone and then claim they couldn't find qualified applicants.

      They are scared that if they make a bad hiring decision that it will reflect poorly on them and are obsessed with liabilities. In the great recession they got a tremendous boast of having many and sometimes hundreds of applicants to filter through for each position. Social media makes the job even easier.

      Witness the case of requiring experience first? 30 years ago you left college applied for a job and it was understood that your grades and dedication proved trainable. Today, you can even be trained but it has to be percisely what the position requires in the exact same way or they are not interested.

      Doing something for X long doesn't make you good at the job. Someone with the right smarts and work ethic does. HR needs to change their ways

    2. Re:Think further. by tlhIngan · · Score: 5, Interesting

      Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

      Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

      After they kind of implied that your off-hours hobbies WOULD influence their hiring decision.

      It's a lose-lose for them. I don't see why any company with any intelligent HR person would even broach the subject of "social media" with applicants.

      There are third party services that'll google you and search for public social network information. These services are the ones who see your actual information and they black out anything that is illegal to be used - i.e., if you have a normal photo of yourself, your face and hands (but not, say your T-shirt) will be blacked out to prevent revealing race, age, and gender. Any other information that reveals it will also be blacked out.

      Here's an example one someone ran.

      So the company can claim ignorance by presenting this stuff.

      Of course, things that invalid this check would be asking for you password directly (since they could access it). Which s why these companies don't do that - they just seek out blogs, profiles and other stuff publicly accessible.

    3. Re:Think further. by Totenglocke · · Score: 4, Interesting

      HR has switched from finding the best talent for a position to mean discluding any and I mean any reason not to hire someone and then claim they couldn't find qualified applicants.

      Dead on. I work full time and am finishing grad school and looking for a new job and that's the impression my friends and I have had of the majority of people we interact with from potential employers. They blatantly go out of their way to find reasons NOT to interview / hire people instead of finding the best candidate for the job.

      Witness the case of requiring experience first? 30 years ago you left college applied for a job and it was understood that your grades and dedication proved trainable. Today, you can even be trained but it has to be percisely what the position requires in the exact same way or they are not interested.

      Again, 100% accurate. The overwhelming majority of "entry level" positions won't even look at your resume if you don't have 3-5 years of experience doing the EXACT things listed on the job posting - nevermind that some of them may include specialized software that only someone who's previously held the position would have ever used, you MUST know how to use it for an entry level job.

      Doing something for X long doesn't make you good at the job. Someone with the right smarts and work ethic does. HR needs to change their ways

      That's why I told a friend the other day that eventually I want to be a hiring manager - because so many of them do it wrong, I want to show people how to do things right.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    4. Re:Think further. by Anonymous Coward · · Score: 0

      Again, 100% accurate. The overwhelming majority of "entry level" positions won't even look at your resume if you don't have 3-5 years of experience doing the EXACT things listed on the job posting - nevermind that some of them may include specialized software that only someone who's previously held the position would have ever used, you MUST know how to use it for an entry level job.

      This, this, and this. I had a pretty good job going on for two and a half years where i dealt with some fairly uncommon stuff (not hyper-specialized, but not ubiquitous like Java or C++), but I got laid off when my company hit some financial problems. I ended up being unemployed for two years after that before a tiny, tiny startup took a chance on me. Why? Because everything, even the entry-level positions, wanted a few years professional experience in stuff I either hadn't even touched or had only used in college--and I had more than a few recruiters and hiring managers tell me that college experience doesn't count. Oh, I still applied for anything that even remotely sounded like I'd be able to pick up, but nobody was interested in hiring me.

    5. Re:Think further. by mysidia · · Score: 1

      Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

      They would then refer you to section (5)(8).(2)(c) of their hiring policy. "Do not hire any candidate who wastes spare time with activities such as DJ'ing"

    6. Re:Think further. by crutchy · · Score: 1

      Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

      actually they don't have to explain anything. haven't you ever got one of those boilerplate... "we regret to inform you that your application for xxxx was unsucessful...".

      the tricks used by HR to dwindle the pile down are many and varied (push the pile off the desk and bin any that land upside down). just because we know them doesn't mean they have to be justified. as a job applicant you have fuck all say in anything. if you believe you have been discriminated against in the selection process, you can take it to court, but based on what evidence?

      its a win-win... for employers, but only as an additional tool in their already substantial repertoire of job applicant selection tools.

      and if/when companies aren't allowed to ask for facebook passwords, they'll figure out some other way of getting the dirt on you. HR isn't rocket science.

    7. Re:Think further. by Anonymous Coward · · Score: 0

      Focus your Facebook account on your off-hours hobby of DJ'ing for gay Jewish inter-racial couples retreats.

      Then let them explain themselves if they don't hire you. They'd have to demonstrate how your off-hours activity did NOT influence their hiring process.

      After they kind of implied that your off-hours hobbies WOULD influence their hiring decision.

      It's a lose-lose for them. I don't see why any company with any intelligent HR person would even broach the subject of "social media" with applicants.

      No shit.

      We go out of our way to make sure we can't know a person's race or age in our hiring process - phone interviews dominate.

    8. Re:Think further. by sohmc · · Score: 1

      It begs the question of whether you can not hire or even fire a person for non-protected reasons.

      For example, could fire someone for being ugly? Could you fire someone for being attractive? They had their wisdom teeth removed? Pronounce specific "pacific"? Drink Budwiser instead of Coors? Drive a Ford instead of a Chevy?

      For every illegal reason to fire someone, there's probably 10 legal (mostly petty) reasons. I don't know of any state or locality that requires employers to show that they fired someone for a specific reason. Most laws are to make sure that someone doesn't get fired for the wrong reason.

      I understand why companies are asking for Facebook passwords. They don't want to hire someone who is clearly an ass.

      But like you said, there are much better and more accurate ways to judge this than by looking through someone's facebook account.

      --
      We don't live in Shouldland.
  20. Seattle as well. by khasim · · Score: 3, Interesting

    The Seattle police department had (as of last year) a similar requirement as part of their background check on applicants.

    In that specific case I can see it being more reasonable. After all, they're already going to interview your friends and family and dig through your financial history.

    1. Re:Seattle as well. by MaskedSlacker · · Score: 3, Interesting

      They can't look through your mail or search your photos in your house as part of a background check--so why should they be able to do the exact same thing online?

  21. But the onus is on them at that point. by khasim · · Score: 2

    They are not FORBIDDEN to ask but they will usually AVOID those questions because once they have that information they have to demonstrate that they did NOT refuse employment based upon it (should they not hire you and should you sue them).

    The legal system being what it is ... it is just safer for them to not ask and therefore there is no way they could be using that information in their hiring decision.

    Remember, HR is not there for YOU.
    HR is there to protect the company from lawsuits that you can bring.

    1. Re:But the onus is on them at that point. by spire3661 · · Score: 2

      Yes, exactly. Asking the question merely opens up a possible legal attack vector, nothing more.

      --
      Good-bye
  22. These are dark days indeed... by nobodyman · · Score: 4, Insightful

    ...when even Facebook is saying "hey guys, this seems like you're crossing a line with people's privacy".

  23. Sharing Password by Anonymous Coward · · Score: 0

    First, we all know not to share passwords because we are responsible for what happens on our account since it does have a password.

    But I would love to ask at an interview where I am asked for my password, are you willing to sign a confidentiality and liability agreement to protect me from any action that your company might take that violates and terms of use or laws while utilizing the information required.

  24. Pity. by Anonymous Coward · · Score: 0

    I've been considering asking potential employees for their FB passwords.

    If they fork them over, they don't get hired,

    The first rule of passwords is you don't share your passwords.

    The second rule of passwords is you don't share your passwords.

    The thirty fourth rule of passwords is pretty sexy.

    (* Unless they provide documented proof that they have kicked the CEOs of the businesses who started this shit in the nuts. Video is preferred.)

  25. The "chilling effect" is what Facebook fears by knorthern+knight · · Score: 4, Insightful

    > ...when even Facebook is saying "hey guys, this
    > seems like you're crossing a line with people's privacy".

    Mark Z doesn't give 2 hoots about your privacy. He only cares about Facebook's bottom line. Facebook's product is personal information about you, e.g. your "Likes", sexual orientation, political leaning, and other demographic data. If employer-access to your FB account becomes widespread, then...

    1) people will either leave FB in droves, or refuse to join in the first place; bad for FB

    2) many people that stay will "sanitize" all their FB info, to avoid getting fired/refused when employers look in. This will pollute FB's database. This is just as bad, if not worse than people quitting.

    Follow the money. This isn't about your privacy, it's about FB's bottom line.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
    1. Re:The "chilling effect" is what Facebook fears by Reservoir+Penguin · · Score: 1

      Could have just said that FB prefers to sell potential employers your privacy in a nice package. There is clearly a market and people giving it up voluntarily is bad for business.

      --
      US-UK-Israel: The real Axis of Evil
  26. Don't be a sheep by Anonymous Coward · · Score: 0

    The solution is simple, don't be a sheep, don't use fb !

  27. Sigh, okay, once again, my guide to getting hired. by SmallFurryCreature · · Score: 3, Insightful

    First off, the hiring process is a two way street. You are just as much interviewing the employer as they are you. If you feel at any time during the hiring process that the employer does not suit you, then STOP! Walk away, this is not the employer you are looking for.

    For an employer, hiring a new person is a high cost and high risk hassle that is to often delayed. So rather then do the process when the workload is still manageable, they only start looking when everyone is working an 80 hour week and tracking the backlog has switched from a project manager to an archaeologist. With all this, they then have the task of defining the role, explaining this to a recruiter, putting it out and deal with the deluge of applicants many of who have no hope whatsoever. You wouldn't believe what responds at times to a job ad. But the employer has to shift through it all in the hope of finding the one non-lying, non-insane, non-slacker, non-enemy making freak out there. A freak after all is someone who is not normal so a normal person in the hiring process is a freak. Trust me on this.

    So, having just lost a month worth of productive work in total, there you are with all your hopes and dreams, interviewee #5347. STAND OUT!

    An employer wants ONE thing and one thing only. One: make more money or to get laid with the new hire. An employer wants two things and two things only, 1: more money, 2: sex 3: no loss in productivity. Three things, an employer wants three things only.

    To this end, the employer has a number of choices:

    • Not hire anyone, after all what does an 80 hour week hurt anyway and productivity would go up if people didn't have to waste time interviewing candidates.
    • Hire someone else then you.
    • Hire you.
    • Start the hiring process again with a new batch of candidates.

    If you see malice in the above, that says a lot about you and a good employer would spot this and not hire you. If you never hired anyone or had to work with a new co-worker, you might not fully grasp just how much productivity is lost with not just the hire process but getting a new person up to speed. And (small) companies typically only hire once the workload has gotten to high already, so more work getting you up to speed will only make things worse. An employer wants to make sure that things afterwards will at least get better.

    So how do you convince an Employer that HE/SHE/IT/THEY will BENEFIT from hiring you after the HUGE cost and hassle of hiring YOU? Simple, identify those costs and hassles and show how they can be minimized by you, or how they are not so bad after all.

    Skills matter less then the capacity to acquire new ones quickly. Any new job will require new skills. Who cares you knew how to work with the systems of your old company, how quickly will you learn the systems at your new job? Emphasize NOT your experience with a system but how quickly you learned it. On your own. Self-study the new companies system shows they don't have to waste productivity teaching you.

    Nobody likes a trouble-maker. Employers don't want strive among their employees, it costs productivity and they are hiring you to boost it. Don't boast about how buddy buddy you were with a small number of your ex-co-workers. Show you can get along with everyone and can just shrug off difficult co-workers without actually implying that you personally thought person X was difficult. Yes, that is bland. Bland is good, it has low risk.

    Show how working for THEM benefits YOU. An employee who benefits is unlikely to leave. Make this benefit seem longer then the next paycheck.

    SO, HOW DOES THIS ALL TIE INTO SOCIAL MEDIA?

    Simple, an employer wants to know who you really are. Both of you are pretending during the interview. Simple dating advice is not to look at how the person interacts with you but with others. For women especially, want to avoid an abusive relationship? See how he deals with waiters and others in a subserviant role. That is how he will treat you once the honeymoon is

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  28. Re:Sigh, okay, once again, my guide to getting hir by Anonymous Coward · · Score: 0

    Believe it or not people are different in an office setting then they are on "the streets". It's called being a professional and putting up with petty stuff is part of being a professional. It's not a requirement of any other aspect of your life unless you want it to be. If someone wants to call someone out on their bullshit on their own time doesn't mean the same person won't wear kid gloves with the office idiot that's rambling on about X, Y, and Z for hours on end.

  29. So much bullshit by roman_mir · · Score: 1

    There is so much bullshit associated with gov't enforcing various rules and regulations against businesses with the threat of a lawsuit (never mind the taxes and inflation,) it's just another reason NOT to hire people where the government is getting out of hand like this, getting into the business of every employer and how they want to run their company.

    If there is all this outcry about facebook passwords being asked from employees by employers, then employees (or potential hires) shouldn't be giving out their passwords, and the employers won't FIND anybody who will give it up, and they won't have a choice but to stop asking.

    But having government tell every employer how exactly an employer is REQUIRED to hire people and what the pay will be (all this equal pay nonsense, all the potential lawsuits associated with different genders, races, mandatory insurance coverage, mandatory this, mandatory that, whatever), it all leads to one outcome - less and less employment opportunities, as potential employers find ways NOT to hire more people and to try and do more with those, who are already hired, or to outsource to other places, where there is no such ridiculous powergrab by the government.

    This is all nonsense. From the Civil Rights Act of 64, requiring something from employers, to this nonsense about "Lilly Ledbetter" or whatever, the minimum wages, the stupid idea that health insurance must be tied to the place of employment (rather than like all other insurances to the insured), etc.etc. All of this raises the cost of doing business, creates potential situation for a lawsuit, causes employers to find ways not to hire people, to outsource.

    Realise this: you do not have a right to employment by anybody.

    Corollary: if you start your own business, you shouldn't lose your rights to the government, and nobody should be getting entitlements out of you.

    There are no 'employee rights', there are no 'employer rights', there are no 'minority rights', there are no 'women rights', etc. There are only individual rights.

    Once you stop understanding this principle, you lose your economy to the government, that will always grow to ensure that there is enough threat of violence against employers.

    This is not free people associating with each other based on mutually beneficial contract, where the prices are set by their corresponding market value. This is government meddling, the kind of bullshit that destroys the economy and the society, and you are part of its cause.

    1. Re:So much bullshit by BVis · · Score: 1

      Your "government meddling" wouldn't be necessary if the market were free and not fatally tilted in the direction of the employer. Until a job applicant and a potential employer can meet on equal terms, the "government meddling" will be necessary. As it is right now, the employer controls your ability to make a living, and it's not too far a leap to say that they hold your life in their hands.

      When laws to protect employees are no longer necessary, I will be the first one agreeing with you about your vision of an objectivist free market paradise. Unfortunately, I live and work in the real world, so I don't think I'll be agreeing with you anytime soon.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:So much bullshit by jeff4747 · · Score: 1

      So...you object to a state law that basically prevents employers from violating federal law. (They're gaining unauthorized access to a computer system)

      Perhaps your tri-corner hat is a tad too tight?

    3. Re:So much bullshit by serviscope_minor · · Score: 1

      This is not free people associating with each other based on mutually beneficial contract,

      A business, and doubly so a limited liability company is a fiction created by the government because generally people believe it is of overall benefit for them to exist. Contracts are another fiction enforced by the government because enough people believe that the country is better with an enforcable contract system.

      If there was no government, there wouldn't be businesses. Since the government sets the rules to create them, they get to set the rules to create them. That includes employment rules.

      --
      SJW n. One who posts facts.
    4. Re:So much bullshit by roman_mir · · Score: 1

      A business, and doubly so a limited liability company is a fiction created by the government because generally people believe it is of overall benefit for them to exist.

      - and it's wrong that there is a way for people to be absolved of responsibility of a civil lawsuit by government decree. This creates all sorts of moral hazards.

      If there was no government, there wouldn't be businesses.

      - 100% wrong. USA had very little government in 19 century till 1913 at least, and it became the most prosperous time in US history or history of the world.

      Similarly, whenever the government becomes totalitarian, the businesses are destroyed, there is no free enterprise at all.

    5. Re:So much bullshit by serviscope_minor · · Score: 1

      and it's wrong that there is a way for people to be absolved of responsibility of a civil lawsuit by government decree. This creates all sorts of moral hazards.

      So, are you against the existence of limited liability companies?

      100% wrong. USA had very little government in 19 century till 1913 at least, and it became the most prosperous time in US history or history of the world.

      The USA also had huge amounts of unexploited natural resources as well, and the government massively subsidised the railway system which made the continent accessible and exploitable. And the government was still there to provide the basic legal structure of the country.

      Similarly, whenever the government becomes totalitarian, the businesses are destroyed, there is no free enterprise at all.

      China is undergoing massive economic growth at the moment.

      It seemt that the common factor is large amounts of unexploited resources.

      --
      SJW n. One who posts facts.
    6. Re:So much bullshit by roman_mir · · Score: 1

      So, are you against the existence of limited liability companies?

      - I said it repeatedly, in that many words.

      The USA also had huge amounts of unexploited natural resources as well, and the government massively subsidised the railway system which made the continent accessible and exploitable. And the government was still there to provide the basic legal structure of the country.

      - nonsense. The rail was private, and today USA extracts more resources than ever (though because of inflation - fake currency, the prices keep rising and will continue rising).

      And the government was still there to provide the basic legal structure of the country.

      - let me tell you something about BASIC INFRASTRUCTURE.

      There is no government on this planet that could set up 'basic infrastructure'. Not before people themselves move in, start businesses, start farms, lay some roads, dig some wells, build some towns and cities, it's people, and you can call them businesses, that create something. THEN gov't appears on a horizon and starts charging taxes, and then creates monopolies, hands out licensed contracts, etc.etc., destroys the infrastructure that is built with private hands, breaks everybody's legs, gives out crutches and says: see? Without us, the gov't, you couldn't walk! Yeah, without you breaking the legs of people, they wouldn't need crutches.

      China is undergoing massive economic growth at the moment.

      - China today is much less totalitarian than it was 50 years ago, unless you live in a backwards world and don't see the facts, China today is almost what USA was in 1880. It has a nearly free market, definitely freer than almost every other place on this planet, which proves my point every day.

    7. Re:So much bullshit by roman_mir · · Score: 1

      Your "government meddling" wouldn't be necessary if the market were free and not fatally tilted in the direction of the employer.

      - by definition this is nonsense. Free market isn't tilted one way or another, sure, prices go up and down, including prices on labour. So do costs of doing business. Demands go up and down all the time, fashions change, technologies change, products change and people want different stuff. All of this means that there is a constant movement, nothing is in static balance, which is a good thing, all prices are rebalanced all the time.

      One day you are an employee, another day you are an employer, this doesn't stay static either. Just because you are an employee doesn't mean you became a different cast of a person, you didn't become a "higher being" all of a sudden, you don't have moral highground. Same if you are an employer. The entire point of free market is that there are no artificial barriers to doing business, the government is that artificial barrier that distorts this balancing process, which is why the system gets out of whack, things become completely unbalanced, some corporations become monopolies that clearly have too much power. So once you accept the government meddling with business, you will have no choice, but to regulate that business. HOWEVER even regulations actually don't solve anything, because the monopolies have the resources, the lobbying power, everything they need in order to push competition out, to prevent it from appearing in the first place.

      You are talking about something that is a result of government meddling but presenting it as if it is the free market's failure, which it is not. The free market doesn't produce this sort of imbalance, it solves imbalances that are introduced by the governments, solves them with so called 'recessions'. The gov't doesn't want a recession, so it makes it worse by applying even more force, more fake money, more regulations, more taxes, bigger government.

      Does this mean that the problem of imbalance goes away?

      No.

      It becomes bigger. The balance becomes even more skewed, and natural forces of economics try to solve it with even a bigger recession. Eventually this can turn into a depression, but that's due to government creating a recession and then actively fighting the free market solution, because the solution seems like a sickness - recession.

      Well guess what. This is exactly what happens to a human who gets sick, say he gets some cancerous growth. If instead of going through chemo-therapy the person simply takes a bunch of painkillers and ignores the disease, it CAN eventually kill him. Well, actually we CAN kill our economies completely, destroy them with all this sedative and pain killers that is 'stimulus', 'bail out', and inflation - money printing.

      Of-course politicians will also do the usual go around blame game - blame the 'rich'. Yeah, it must be them, they are doing something to cause the symptoms of the sickness?

      Well, guess what, that is nonsense. The sickness is the imbalance of supply and demand in the system, it's the imbalance created by some going into too much debt and not producing enough to offset their consumption. Given free fake money by gov't, the system gets signals that there is enough 'investment' in the system, and people spend even more of that money (that is fake) only worsening the IMBALANCE of consumption and production. They keep consuming more and more and reduce production. This WILL eventually kill the economy and society, will create a different society, completely totalitarian, and the mis-educated people will think that the gov't must come to their rescue.

      Well, it was the gov't that destroyed their lives.

    8. Re:So much bullshit by serviscope_minor · · Score: 1

      - nonsense. The rail was private,

      The government gave away huge amounts of money and land to get those people to build the railways. That was tax, collevted by the central government used to fund important infrastructure which led to huge growth.

      USA extracts more resources than ever

      It's all relative. The massive growth was going from extracting next to nothing to extracting lots. Going from lots to huge amounts is a much smaller ratio.

      - let me tell you something about BASIC INFRASTRUCTURE.

      Please do, this should be good.

      There is no government on this planet that could set up 'basic infrastructure'.

      Reality disagrees with your assertion. You also don't seem to understand what infrastructure is. The government is never going waste money building interstates between non-existent communities. Once the communities exist, the government is the only organisation with enough money, foresight and responsibility to do something like fund transcontinental railways, interstate/motorway systems, etc which pay huge dividends.

      Are you really, honestly trying to claim that is was easier to drive places before the government broke everyone's roads and built interstates? Or that it was easier to cross the USA before the government paid for the pacific railroad to be built?

      China today is almost what USA was in 1880. It has a nearly free market, definitely freer than almost every other place on this planet, which proves my point every day.

      The Chinese government massively subsidises industries it considers to be important. The government is very concerned with long term strategy and exerts huge influence. If you think that is a free market, then you're even further off the wall than I thought.

      which proves my point every day.

      It also has large amounts of until recently unexploited resources in terms of population, land and minerals, which proved my point every day. Your point?

      --
      SJW n. One who posts facts.
    9. Re:So much bullshit by Anonymous Coward · · Score: 0

      This is not free people associating with each other based on mutually beneficial contract, where the prices are set by their corresponding market value.

      Good. Mutually beneficial contracts are for pussies. Real men fight and conquer each other and winner takes all.

      Prices set by market value is also the pussies' way of doing things. Real men decide their own prices and won't let anything, not even the market, get in their way.

      That's why real men created all that government, cuz the real men will not settle for just being another unique snowflake competing on the free market (like all the other snowflakes). Real men want to be a giant snowman (with a big set of snow balls, shaped in his own image) sitting on the top of the hill, and all the inconsequential flakes underneath him.

  30. US law background required by angel'o'sphere · · Score: 1

    Can someone with some US law background explain Why there is a bill needed? to prevent HR or employers to ask for passwords?
    I mean: in the rest of the world it is either illegal to ask, or illegal to give the password away. Illegal in italics as it is not strictly speaking against the law (in the) later case but against the TOS definitely. In the former case it is illegal ... for what reason should a potential future employer have access to your private "property"?

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    1. Re:US law background required by BVis · · Score: 1

      No law background required. Any layman can tell you that unless specifically prohibited by law, an employer can discriminate against you for anything they see fit. You have no right to privacy if you want to get hired. If standing on principle is worth not getting the job (and losing your unemployment coverage) for you, then go on with your bad self. Me, I have bills to pay. If my employer came to me today and said "Give me your facebook password or get fired on the spot", I'd have no choice but to give it to them.. as I have a family to feed. I'd quickly be looking for a new job, but it's always better to leave a company on your own terms (and with another job in your back pocket) than to get fired for what most people unfortunately consider 'not a big deal'.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:US law background required by CrimsonAvenger · · Score: 1

      Can someone with some US law background explain Why there is a bill needed? to prevent HR or employers to ask for passwords?
      I mean: in the rest of the world it is either illegal to ask, or illegal to give the password away. Illegal in italics as it is not strictly speaking against the law (in the) later case but against the TOS definitely. In the former case it is illegal ... for what reason should a potential future employer have access to your private "property"?

      Hmm, in your case above "illegal" means that a law has already been passed. In the USA, the subject has only recently come up, and someone has decided a law is needed (as happened when the law was passed in other countries), hence the bill.

      In your second case, "illegal", it's against the ToS to give someone your password here too. It is not, however, illegal to ASK for your password. Note that this is true everywhere that it is illegal to do it.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re:US law background required by angel'o'sphere · · Score: 1

      Of course a law background is required!

      How can your statement like this be true: Any layman can tell you that unless specifically prohibited by law, an employer can discriminate against you for anything they see fit.

      Or how can this be true: You have no right to privacy if you want to get hired.

      In europe everything that is not related to the job itself is off limits to any employer.

      Sounds that the USA is stuck in 1870 regarding common law and human rights.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  31. Mandatory JoT strip ;-) by Herve5 · · Score: 1
    --
    Herve S.
  32. See.... by Anonymous Coward · · Score: 0

    This is exactly why some regulation is required. Because when companies are allowed to work "Free Market" style, they pull BS like this. I'm not for regulation that would hinder a company so much they can't do business, but sensible regulation will always be required to believe otherwise is naive.

  33. Exactly by Anonymous Coward · · Score: 0

    There are certain questions that you can not ask applicants, but yet that information would be easily available through social media. Age, marital status, etc.

  34. other states by CosaNostra+Pizza+Inc · · Score: 1

    I'd like to see other states follow the example Maryland set.

  35. I've paid to run a background check on the boss by gelfling · · Score: 1

    I have paid to run a fairly complete background check on the person who ostensibly would be my boss and during the rigamarole that is the recruitment process I handed the results to them with the un-ironic comment that I wanted to be reassured the person I'd be working for was reliable and who they said they were and present any untoward risks to me that I'd I might have to bear the brunt of. Of course this person was all kinds outraged and hissy-fitted, cancelled the interview right there and threaten all kinds of bogus legal action, none of which was even remotely true. I did manage to uncover some minor legal troubles, credit score, basic financial history, names of family members, how much they paid for their home, cars, etc etc.

    See I'm all about transparency.

    1. Re:I've paid to run a background check on the boss by Shotgun · · Score: 1

      Why would you bother to go to an interview with the intent of pissing off the potential boss? Were you trying to stay unemployed, or just wanted to torque this one particular person?

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    2. Re:I've paid to run a background check on the boss by gelfling · · Score: 1

      I was actually doing no more no less than what I suggested. I'd like to know a bit about the people I might work for, whether they're reliable, criminal, have lawsuits against them, what have you. You'd be amazed WHY someone would hire someone else to work for them. Sometimes the reasons are nefarious.

  36. Re:Sigh, okay, once again, my guide to getting hir by Billly+Gates · · Score: 1

    I will bite.

    When you buy a car do you look for reasons not to stop in as many dealerships as possible because of what a salesperson *might* do? Or do you think about what you want in a car and look at several before you make a decision?

    You talk about the owners dreams and how no one owes you anything! Fair enough, what about my dreams and the other applicants? What about being penny wise and dollar dumb with investments that also include hiring talent?

    The problem is if you follow what everyone does which is just cut and paste the job requirements and skills listed in the resume then the top candidates will be bullshitters and narcastic or ego maniacs. You need to find out what someone is good at. Not how long has this person used a particular software package like yours for x amount of time.

    If the job requires great organizational skills and attention to details hire candidates who can prove that. An accountant or book keeper can fullfil this if it is an entry level position. If the job requires an analytical skillset a statistics or physics major can full fill the job. This is how a lot of computer programmers *used* to be hired. True they may not be too familiar with the languages yet, but there are many bad coders who fill a,b,and c on your requirements who know the language but write crappy code.

    This is how HR should work. If everyone else hires the wrong way you then have an advantage as these people will be under employed and can work for cheaper.

  37. Your advice is bullshit by Khyber · · Score: 1

    And that's speaking as the owner of TWO businesses, plus the research hiring manager for an international one.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  38. References on request by Shotgun · · Score: 1

    When will they get around to banning employers from requesting letters of reference or performing criminal background checks?

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  39. Re:Sigh, okay, once again, my guide to getting hir by Anonymous Coward · · Score: 0

    While I do love this description, and find it quite valid, I have one complaint. Learn to use 'than'. 'Then' != 'than'.

  40. In 6 months, this will be absolutely useless by knorthern+knight · · Score: 1

    > SO, HOW DOES THIS ALL TIE INTO SOCIAL MEDIA?

    > Simple, an employer wants to know who you really are. Both of you are pretending
    > during the interview. Simple dating advice is not to look at how the person interacts
    > with you but with others. For women especially, want to avoid an abusive
    > relationship? See how he deals with waiters and others in a subserviant role.
    > That is how he will treat you once the honeymoon is over.

    > In a job interview, this is harder, so Social Media is a way of seeing the you
    > who is not on his best behavior.

    In 6 months, this approach will be absolutely useless, except to weed out the bottom 1% of idiots, who would probably not be able to fill out a job application anyways. Once everybody knows that the interviewer wants to see their FB page, you'll get two different scenarios...

    1) The honest guy who doesn't do Facebook because of privacy concerns, and admits it upfront.

    2) The smooth-talking BS-artist with a carefully sanitized Facebook page that makes him look like Mr. Clean. This guy is way more dangerous than the honest guy.

    Discuss.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  41. What's Facebook? by GoDj1rrA · · Score: 1

    What if I don't have a Facebook account? No job for me?

  42. Re:Sigh, okay, once again, my guide to getting hir by Anonymous Coward · · Score: 0

    You are full of shit.

    Enjoy being a corporate slave.