Slashdot Mirror


Bill Banning Employer Facebook Snooping Introduced In Congress

suraj.sun writes "According to The Hill, 'The Social Networking Online Protection Act, introduced by Democratic Reps. Eliot Engel (N.Y.) and Jan Schakowsky (Ill.), would prohibit current or potential employers from demanding a username or password to a social networking account. "We must draw the line somewhere and define what is private," Engel said in a statement. "No one would feel comfortable going to a public place and giving out their username and passwords to total strangers. They should not be required to do so at work, at school, or while trying to obtain work or an education. This is a matter of personal privacy and makes sense in our digital world."' Ars adds, 'The bill would apply the same prohibitions to colleges, universities, and K-12 schools. ... Facebook has already threatened legal action against organizations who require employees to reveal their Facebook passwords as policy.'" Maryland beat them to the punch, and other states are working on similar laws too. We'll have to hope the U.S. House doesn't kill this one like they did the last attempt. The difference this time is that the concept has its own bill, while its previous incarnation was an amendment to an existing bill about reforming FCC procedures.

199 comments

  1. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  2. er by Yew2 · · Score: 5, Insightful

    I would love to rant about the privacy we are compelled give up even applying for a job - companies pull credit reports and wont hire you unless youre a good consumer and all but um...we need a law to prevent employers from demanding LOGON CREDENTIALS? I just love MBAs.

    --
    will work for dragon quest localization
    1. Re:er by houghi · · Score: 4, Informative

      It amazes me that this is even legal.
      In Europe, at least in Belgium, this would be illegal as hell. At some jobs they might do background checks, but these are clearly identified and will be e.g. jobs at NATO.

      At some jobs (e.g. banks) you might be required to show a proof of your criminal history. Then the company can decide if they hire you or not. There are even people who want to make these stricter and limit the information.
      That way a pedophile will show up if he wants to work at a school, but not when he is going to work at e.g. a banks call center. With a bank robber, it might be the other way around.

      Where I work I know of one person not getting the reason, because something on it was a too high risk. Another person had something on it and we still hired that person, as we decided it wasn't a high risk at all.

      Things we will NEVER ask: Are you with a union? Are you pregnant? (They are allowed to lie to that question. Once they are hired and tell they are pregnant, you can't fire them.) What is your religion?

      What we do have is a 6 month trial in which both the employer and employee can decide if this is an OK situation workwise. If it isn't, we can end it or they can end it with a weeks notice. After that it will be a much longer notice period for both the employer and employee.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:er by fnj · · Score: 0

      I have one issue with what you outline. No capital-S State is ever going to tell me how much notice I must give my employer, and no employer CAN tell me. Two weeks notice is common courtesy; I have always offered that (if not more). I also offer a reasonable amount of transitional consultation gratis after that period.

      But it is no more than a courtesy at my sole discretion. If I want to walk out, that is my absolute natural right and the employer can suck on it.

      Now if I were to do that without damn good reason, and word got out - and it would get out - I would be up shit creek without a paddle trying to find new employment. But nobody better try to make me a slave for two weeks.

    3. Re:er by Anonymous Coward · · Score: 1

      At two places I applied for, I was refused work because I didn't have a credit score. Let me state that again: NOT HAVING A CREDIT SCORE, at all. In other words, I was refused a job simply for not living outside my means and spending more money than I had.

    4. Re:er by BasilBrush · · Score: 3, Informative

      That part is the same in Europe. The common courtesy is to give the same period of notice as your pay period. People paid each month give a month's notice, people paid weekly give a week, people paid daily give one day. And if you don't give that, then you won't get a good reference. But nothing stops you from walking out at any time.

      Indeed slavery has been illegal for a long time, so it can't be any other way.

    5. Re:er by Anonymous Coward · · Score: 0

      Um.... My understanding - you are not a slave and they can't make you work the two weeks. You can walk out anytime you want. It's just that the employer could sue you for breach of contract in theory, but in practice I've never encountered it in the UK at least. You are always free of course to make your own arrangements with a company as a self-employed contractor - no problem. Talk of slavery is greatly exaggerated!

    6. Re:er by Opportunist · · Score: 2

      That's similar in most European countries.

      Asking for a criminal record is limited to jobs that can show "an objective reason" to demand it. So if you're in charge of money or security, criminal checks are ok, if no crime could possibly be associated with your job they cannot even ask you for a record. Them asking for one is reason enough for you to sue (and usually win, if there's at least some kind of a remote chance that you could prove it. Gathering some other applicants and getting them to testify accordingly suffices).

      Same with religion, family plans, race, country of origin, sexual orientation, i.e. anything that could even remotely possibly be used as an excuse for discrimination. In theory they could not even ask for your gender, though it is usually quite obvious. Asking for it is still off limits.

      Same with anything that could remotely be considered private. The only reason why they can ask about marital status and number of children is fiscal. And so asking for credentials of social networking sites is absolutely off limits. In theory, your prospective employer must not even use Google to get any information about you. But, well, try to prove he did. Hence I keep a fake profile with very favorable tidbits about myself up high on the Google rank list. After all, he must not ask whether any of them are true. ;)

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:er by houghi · · Score: 1

      I have one issue with what you outline. No capital-S State is ever going to tell me how much notice I must give my employer, and no employer CAN tell me.

      The law says it is so. e.g. if the company has to give me 3 months, I should give them 6 weeks.
      With 6 months, it becomes 3 months for you.

      Your new employer will know this as well and will see to it that you start at that moment.
      Obviously you can still come to an agreement with your employer and decide to stop immediately.

      And most of the people will already HAVE a new job at the moment they hand in their notice. It is a sword that cuts on two sides. On the one side the employer give you 3 months to find a new job (including payed days off to go to interviews). On the other side, the employer has the time to look for a new one if you decide to leave.

      And this working as a slave. I never had that feeling. I do my 38 hours a month. I take my 30+ days holiday. I get payed when I am sick and I am never stuffed in a cubicle.

      If you have serious issues and want to leave no matter what, and if that happens often, then perhaps YOU are the problem, not the employer.

      I once had a company that told me they wanted me two weeks earlier. I told them that would be a deal-breaker. If they can not wait 2 weeks for me, they are not looking for long term solutions and I am not interested anymore.

      This was over a 3 month period that I told them up front about (and an extra week for a holiday).

      And no, they will not hold a gun to your head. You will however have problems getting unemployment benefits and things like that. Yep, that is something we also have here.

      --
      Don't fight for your country, if your country does not fight for you.
    8. Re:er by jonwil · · Score: 1

      Here in Australia I have had a number of jobs and the only thing I have had that is in any way prying into my background was for my most recent job where I was working for a government department in a software engineering job (where I would have access to all sorts of personal details via the databases I was interacting with) and needed a standard police clearance (probably just to make sure I wasn't a pedophile or something where I would abuse the data I had access to). But I have never had to take a drug test, urine test, blood test, medical anything, give any details about my financial history, hand over passwords for anything personal or otherwise give details about my private life.

    9. Re:er by Anonymous Coward · · Score: 0

      It's not really legal in the US either... it's just not express-idly banned so employers were doing it. No one was fired over it so no one had standing to sue, but a lot of people *did* give up their credentials... so congress is basically passing this bill to protect the stupid people.

    10. Re:er by Anonymous Coward · · Score: 0

      At some jobs (e.g. banks) you might be required to show a proof of your criminal history.

      Obviously, otherwise some honest guy might endanger the whole business.

    11. Re:er by Anonymous Coward · · Score: 1

      While I sympathize that you shouldn't have to have a credit score to get a job, 'having credit' does not mean that you spend more than you earn. You can open a credit card account at a bank and make some purchases on it and then pay the thing off every month without actually spending more than you earn. You'll build a healthy credit score in the process.

      A credit score basically just says whether or not you can be trusted with loans, be it in the form of a credit card, mortgage, a post-paid service (cell phone, utilities, etc.) or whatever.

    12. Re:er by RabidReindeer · · Score: 1

      I have one issue with what you outline. No capital-S State is ever going to tell me how much notice I must give my employer, and no employer CAN tell me. Two weeks notice is common courtesy; I have always offered that (if not more). I also offer a reasonable amount of transitional consultation gratis after that period.

      But it is no more than a courtesy at my sole discretion. If I want to walk out, that is my absolute natural right and the employer can suck on it.

      Now if I were to do that without damn good reason, and word got out - and it would get out - I would be up shit creek without a paddle trying to find new employment. But nobody better try to make me a slave for two weeks.

      A recent trend has been to make severance pay contingent on signing a legal agreement not to say disparaging things about the bastards who just tossed you in the street. I expect this trend to continue and expand.

      As far as slavery goes, of course, there's this thing called a non-compete agreement that some companies in some locations have been known to use in unpleasant ways.

      Slavery isn't always direct.

    13. Re:er by zyzko · · Score: 1

      With "stupid people" do you mean the people asking the credentials or those who give them? Because both can be classified as "stupid" but as the other one has the power to decide who will get the job the power is on the side who is asking - on current job market. And while I do believe that in the end those that do ask for credentials to Facebook and other social networking sites will fail (because if your hr is clueless as that how can you run a long-term successful business?) these practices have been popping up also in public sector and even on some recruitment agencies. So clearly it is needed to say it out loud - this is not ok.

    14. Re:er by Anonymous Coward · · Score: 0

      While you are correct that having credit does not necessarily mean that you do live beyond your means, the first AC was correct in saying that not having a credit score does mean you do not live beyond your means.

      The only way to not have any credit score as opposed to a bad credit score ( NULL as opposed to ZERO), is to never have entered into any commercial borrowing arrangement: no student loan, no credit card, no mortgage, no car loan, no bank loan of any kind; and that you have never been late on your rent, or any utility bill; and that you have never had a cheque returned NSF. If you are older than a teenager who has never lived alone, this is an excellent indication that you do not live beyond your means.

      Bizarrely, companies routinely treat having no credit score as being worse that having a really bad credit score.

    15. Re:er by cjb658 · · Score: 1

      In theory they could not even ask for your gender, though it is usually quite obvious.

      I hate when it's not.

    16. Re:er by Anonymous Coward · · Score: 0

      You're surprised that anyone from the States talks about greatly exaggerating how things turn out?

    17. Re:er by Opportunist · · Score: 1

      It's still legal to ask when you're dating someone. Just as long as you don't plan to also employ them, which you shouldn't anyway, it opens a really big can of worms should you ever fire them and/or break up.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    18. Re:er by Yew2 · · Score: 1

      like i said - gotta be a good consumer (i.e. their payroll feeds the balance sheet of other traded companies as best they can) - ive been there, and this latest background check is the worst ive been thru (mainly cause theyre disorganized but they actually wanna see my HS diploma!)

      --
      will work for dragon quest localization
  3. Re:What about friending HR? by rtb61 · · Score: 3, Insightful

    Why not simply an affirmation that private companies, corporations both foreign and domestic, as well as individuals, are fully bound by the constitution and all of it's amendments and no contract clause or condition can abridge the constitution and it's amendments in any way shape or form. Then legislate major penalties for any attempt to do so, both a major fine and prison term.

    --
    Chaos - everything, everywhere, everywhen
  4. Who is Bill Banning? by rtconner · · Score: 4, Funny

    Never heard of him.

    --
    023AD01("Child", "Evil");
    1. Re:Who is Bill Banning? by game+kid · · Score: 1

      He's a close friend of Bill Stickers. Those two are my homies.

      --
      You can hold down the "B" button for continuous firing.
    2. Re:Who is Bill Banning? by Anonymous Coward · · Score: 0

      Isn't he the Incredible Hulk?

    3. Re:Who is Bill Banning? by Anonymous Coward · · Score: 0

      Apparently someone who works on bills for the purpose of banning things, or "Banning Bills".

    4. Re:Who is Bill Banning? by WSOGMM · · Score: 2

      RTFA, Bill Banning, head of the major employer, Facebook Snooping, recently introduced himself to congress.

    5. Re:Who is Bill Banning? by flyingfsck · · Score: 1

      Maybe related to Johnny Tables?

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    6. Re:Who is Bill Banning? by Anonymous Coward · · Score: 1

      Do you mean bobby tables?

    7. Re:Who is Bill Banning? by Provocateur · · Score: 1

      More importantly, Who is Facebook Snooping?

      --
      WARNING: Smartphones have side effects--most of them undocumented.
    8. Re:Who is Bill Banning? by Anonymous Coward · · Score: 0

      Yeah, Johnny and Bobby are brothers. Their sister, Star is very popular, always being selected.

  5. Comment removed by account_deleted · · Score: 3, Informative

    Comment removed based on user account deletion

  6. Re:What about friending HR? by Anonymous Coward · · Score: 2, Insightful

    If the Employer can't demand a username or password, they can't verify you even have a Facebook account. Or, even if they knew of the existence of an account for you, you would have plausible deniability as to if the account was yours. After all, there's nothing to stop someone who knows you from setting up an account and posting information to it that might reflect badly on you in a job interview -- which is exactly why HR shouldn't be "Googling" applicants or looking for them on social networking sites. They have no proof what they read is true.

  7. Why is this needed? by _pi-away · · Score: 5, Insightful

    I truly don't get this. If an organization requires a law to tell it that it shouldn't do this - YOU DON'T WANT TO WORK THERE.

    Consider yourself lucky that they demonstrated that right up front in the interview before you spent weeks/months/years there.

    --

    "The crows seemed to be calling his name, thought Caw."
    1. Re:Why is this needed? by b1scuit · · Score: 2

      You think that if there weren't laws stating the limits of what a corporation can require of its employees, this is the worst thing they'd have you do? All of the laws limiting corporate behavior like this are there because they were necessary, just like this one is.

      If we applied your thinking more broadly, no one would want to work anywhere. I'm not saying you're wrong on that count... but you know. There's isn't a big corp on the planet that wouldn't start doing this if it became really mainstream.

    2. Re:Why is this needed? by Anonymous Coward · · Score: 0

      Because once you are hired and find that you do not like the company it is impossible for you to quit? And during the weeks/months/years spent there it is not as if there is any pay involved right?

    3. Re:Why is this needed? by QuasiSteve · · Score: 3, Interesting

      I had an argument with somebody with a very pro-liberty (even if at the indirect cost of others) stance.

      When asked if he believed that companies should be allowed to ban African-Americans from doing business with them, his reply was along the lines that indeed they should be allowed to, and in a free market there would simply be some other store that welcomes them, that's how the free marker is supposed to work, and the government should butt out of businesses' decisions.

      When asked what happens when there is no viable competition - say for a drug that can save lives but which is administered in private clinics so as to keep competing pharmaceuticals from gaining direct access to the drug - his reply was that he would then just grab a gun, go to that clinic, and get some of that drug himself and woe the person who would get in his way.

      Rather than accept that governments may have to regulate some aspects of life and business for a healthy society, which in the latter case would mean no company could limit a drug via discrimination*, he would resort to violence.

      In your scenario, he would choose homelessness...at least from the comfort of his recliner. Some people are just wired that way, I guess.

      ( * I know some drugs are so ridiculously expensive that one may as well recognize their availability as being subject to class discrimination. )

    4. Re:Why is this needed? by Anonymous Coward · · Score: 0

      During the months spent there, you are being deprived of finding a better job because you thought you had one you wanted. Add to that the fact that if you quit then you are left with a short-term employment on your record (or if you choose to omit it a term of unemployment) both of which often result in your application just getting tossed in the trash in the first place, and it becomes obvious you clearly don't understand how hiring works if you think "just quitting" is a valid option.

    5. Re:Why is this needed? by Anonymous Coward · · Score: 0

      is it not already a tos violation to give anyone your facebook password? and is that not a breach of contract?

      why wouldn't anyone ask an employer demanding their password if they are demanding that the prospect commit abreach of contract, and question why that employer would hire anyone willing to to do so.

    6. Re:Why is this needed? by Anonymous Coward · · Score: 2, Insightful

      say for a drug that can save lives but which is administered in private clinics so as to keep competing pharmaceuticals from gaining direct access to the drug

      There would be nothing keeping competitors from acquiring and selling the drug, as in a true free market, patents and copyright wouldn't exist.

    7. Re:Why is this needed? by jpapon · · Score: 3, Insightful

      There would be nothing keeping competitors from acquiring and selling the drug

      Yeah, nothing except the fact that they would have to figure out how to make the drug, and if there were no patents, such a formula would be a very closely guarded secret.

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    8. Re:Why is this needed? by arkhan_jg · · Score: 4, Insightful

      And in our modern economy, where it's the first interview you've had in months and your unemployment funds have long since been spent paying the necessary bills; you'll choose facebook privacy over putting food on the table for your family? Now imagine you're not some highly paid code wizard who gets to pick and choose employers, but an ordinary shop floor worker doing a blue collar job who has to take what you can get.

      Being able to exercise your rights when you're wealthy and in a position to pick and choose between jobs is one thing. When you're in modern serfdom employment and the employers hold all the cards, federal or state government regulation and enforcement is about the only thing that can protect the workers from ridiculous abuses like this. Even more so when it's local government (such as police) doing it.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    9. Re:Why is this needed? by digitig · · Score: 3, Insightful

      say for a drug that can save lives but which is administered in private clinics so as to keep competing pharmaceuticals from gaining direct access to the drug

      There would be nothing keeping competitors from acquiring and selling the drug, as in a true free market, patents and copyright wouldn't exist.

      Presumably there would be a measure of security through obscurity. The pharmaceutical companies could presumably put some complicated passive compounds in with the active one (obfustication!) so those wanting to clone it would have to either isolate the active ingredient or work out how to fabricate a whole raft of ingredients, either of which could be a significant research task. After all, in a truly free market there would be no need to declare the active ingredient (or, indeed, for there to even be an active ingredient).

      --
      Quidnam Latine loqui modo coepi?
    10. Re:Why is this needed? by deniable · · Score: 1

      Add the fact that the US Government already tried to make TOS violations good for a year in prison and things get very interesting.

    11. Re:Why is this needed? by BasilBrush · · Score: 2

      The passive ingredients would probably appear pretty passive. If they did not, they would each cost the original company some considerable expense proving that they were safe.

      Of course that's under current government rules. Under libertarianism, presumably the drug approvals process would be abandoned and we'd be back to snake oil salesmen selling all sorts of useless and/or poisonous preparations as medicines.

    12. Re:Why is this needed? by Anonymous Coward · · Score: 0

      This. Employers are evil, and the ones who aren't evil are clueless. The clueless copy whatever's trendy without questioning it because questioning would require thinking about something. The evil go out of their way to define what is trendy. Ergo, this spreading absent intervention to the contrary almost a certainty.

    13. Re:Why is this needed? by Opportunist · · Score: 1

      Take a trip to your local supermarket. Look around the shop assistants. Do any of them look like they WANT to work there?

      The number of people who can work in their dream job and choose from a wide selection of offers is rather small, you know?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    14. Re:Why is this needed? by rgbrenner · · Score: 2

      No kidding... If Cocacola can keep its soda formula a secret, why can't/wouldn't a pharm company?

      No patents = everything is a trade secret.

      That's why we grant patents.. so inventors will tell us how their creation works.

    15. Re:Why is this needed? by thegarbz · · Score: 1

      YOU DON'T WANT TO WORK THERE.

      Oh but I do. You see often organisations aren't defined by the actions of one small HR department with a dumb arse idea. If I'm being interviewed at a small company by the CEO and he is asking for these credentials, then yes I'd agree with you. In my experience though douchebag policies quite frequently end up being isolated ramblings of an individual and not representative of the company on the whole. Also the fact that I'm at the interview, now, at a time where unemployment is highest since the great depression shows that actually I quite possibly do want to work there.

      The favourite one where I work at the moment is that our rostered day off is cancelled if we take personal leave within 2 weeks of the day. I have yet to hear a single incident of this being enforced by any line manager within our company despite the clear written instructions from HR.

    16. Re:Why is this needed? by Anonymous Coward · · Score: 0

      I don't get this either. Do we next need a bill that says your employer can't demand to sleep with your girlfriend? Or that your employer can't demand access to your bank account? I mean, what the fuck is going on here? This is a waste of legislative time that could be spent on something more useful. If an employer makes this demand of you, take them to court under already existing laws.

    17. Re:Why is this needed? by slasho81 · · Score: 2

      Not everyone has the privilege of walking out of interviews.

    18. Re:Why is this needed? by RabidReindeer · · Score: 1

      I truly don't get this. If an organization requires a law to tell it that it shouldn't do this - YOU DON'T WANT TO WORK THERE.

      Consider yourself lucky that they demonstrated that right up front in the interview before you spent weeks/months/years there.

      Try getting a decent job without peeing in a jar.

      I don't do drugs, and I don't recommend doing drugs. I also don't recommend Reality TV or American Idol or lots of other things that rot your brain. I don't recommend piloting a ship or flying a plane while drunk.

      However, I'm really very unhappy about pre-employment drug testing. I consider it to be one of the first in an escalating series of recent attacks on America and its ideals. It flies in the face of "Innocent until Proven Guilty".

      Long before 9/11 cause us to all run bleating for safety, shedding freedoms as we ran, the Reagan administration rammed drug testing down our throats. About the same time as the mandate went out that we must all show our papers before being hired.

      Drug testing wasn't made into law, however, except for Federally-related employment. But from there, the rot spread until practically no respectable living can be made without being forced into a drug test. Your "free market" choices are mostly either to work some crap job for crap wages or bend over and take it.

      And if you can't make it through life without chemical assistance, become an alcoholic.

    19. Re:Why is this needed? by c · · Score: 1

      > If an organization requires a law to tell it that it shouldn't do
      > this - YOU DON'T WANT TO WORK THERE.

      If an organization requires a law indicating the absolute minimum amount they're allowed to pay employees...

      See where this is going?

      In a sane world, we wouldn't need labour laws like this. In fact, in a sane world, it'd be legal to hunt and kill anyone who'd intentionally put people into a position of needing such a law.

      --
      Log in or piss off.
    20. Re:Why is this needed? by rubycodez · · Score: 1

      what if almost all companies would be evil given the chance because they are mostly run by power and money grubbing scum? you'll note we needed civil rights, sexual harassment, anti-age discrimination laws, etc. Don't underestminate the evil in business and government.

    21. Re:Why is this needed? by garcia · · Score: 1

      It's simple. If I am that desperate for a job I will delete the stupid fucking Facebook account and tell them "I don't have one, I deleted it because I'm too busy looking for work on LinkedIn and Indeed to post about my asinine behavior, love life, food picture taking habits, or whatever the fuck people do on Facebook.

      I've also suggested that I'd create a professional "William Roehl" account and leave it wide open with nothing on it and keep my "Bill Roehl" account locked down as it currently is or just simply delete it. Seriously, here have at the account, I don't give a shit.

      Oh, and honestly, if you're whining about FB account access by private employers over the intrusive behavior of our nation's internal spying agencies then you've fallen for it.

      STOP WORRYING ABOUT FB AND WORRY ABOUT EVERYTHING EXCEPT FB.

    22. Re:Why is this needed? by Zontar+The+Mindless · · Score: 1

      No special law regarding TOS violations is required. You'd be granting unauthorised access to a third party's computer system, which IIUC is already a violation of Federal law. (And this is what I keep saying whenever this topic comes up.)

      --
      Il n'y a pas de Planet B.
    23. Re:Why is this needed? by Anonymous Coward · · Score: 0

      Not sure why I even have to say this, but the option of starting your own business is a possiblity. Have we gotten so far down the road of the government should do that for me that we don't even consider doing anything ourselves now?

    24. Re:Why is this needed? by RubberChainsaw · · Score: 1

      But in this hypothetical unregulated free market, the company doesn't have to prove those compounds are safe. When you're the only company offering the life-saving treatment, you can do what you want. "You want our drug? You take our untested obfuscation poisons with it or you die!"

      --
      I welcome our new 99% overlords.
    25. Re:Why is this needed? by manicb · · Score: 1

      Pharmaceutical companies employ a significant proportion of the world's best and brightest organic chemists, and supply them with all the chromatography and spectroscopy equipment they need. Pharmaceutical products generally consist of a single highly-pure active ingredient, maybe with some kind of safe filler or binder to get it into a safely dosable form. Adding materials which would frustrate reverse-engineering for any significant period of time, while maintaining the efficacy and safety of your product, would be a huge effort. Chromatography is good at separating materials – that's why it is used. Essentially, we would have an arms race which would not only cost a lot of money (and raise prices), but waste the time of many brilliant minds which are sincerely dedicated to helping people get better.

      Of course, under the patent system, we have companies developing and patenting technology that they have no intention of using, simply to block their competitors.

      *Obligatory grumbling at human nature and blaming Ayn Rand*

    26. Re:Why is this needed? by Anonymous Coward · · Score: 0

      I would choose, if the congress, lawyers and common sense failed me, to choose the firearm.

      And for most Americans, they agree with me.

      This lawlessness WILL END and decency WILL return to this country. It may take a civil war to get there, but it will eventually.

    27. Re:Why is this needed? by Miamicanes · · Score: 2

      > No kidding... If Cocacola can keep its soda formula a secret, why can't/wouldn't a pharm company?

      Actually, the formula for Coca-Cola ceased to be a true secret a long time ago, and you can find it online pretty easily with some help from Google. What protects Coca-Cola *today* is trademark law. You can make a beverage that tastes EXACTLY like Coca-Cola, with the exact same recipe down to the nanogram and picoliter of raw ingredients, and sell it with complete legality... but if Coca-Cola, Inc. can find even the slightest shred of evidence that your company (or its representatives) have, in any way, shape, or form, implied that it actually tastes like "Coca-Cola", they can sue you into oblivion.

      The real reason why nobody (in the US, at least) makes a beverage that tastes EXACTLY like Coca-Cola is simple: classic Coca-Cola doesn't really taste very good compared to just about any other "cola" drink. If your goal is to get consumers to buy your drink & you can't associate it with Coca-Cola's branding in any way, shape, or form (so you have to sell it based ENTIRELY upon consumer taste preferences), you'd sell more by copying the formula for Pepsi. In blind taste tests, Pepsi wins over coke 999 times out of a thousand. In supermarkets where people look at the brand on the label, Coke wins most of the time out of consumer habit. Coke's value IS their brand.

      Go ahead, prove it to yourself. Buy a 2-liter bottle of Coca-Cola, then buy a bunch of bottles/cans of premium "cola" drinks (especially those made with cane sugar). Throw in a bottle of Pepsi while you're at it. Then do a blind taste test, and see which one you think tastes the best. I can almost *guarantee* that the winner WON'T be "Coca-Cola".

      The sad thing is, "New Coke" really *did* taste better than classic Coke. Where Coca-Cola screwed up was underestimating the value of their own brand and history by eliminating the original one. Had they rolled out "new Coke", and announced they'd be selling "classic Coca-Cola" in perpetuity, classic Coke would today be a niche beverage you'd have to go to a liquor store to buy. Or, at best, a large grocery store might have a few six-packs and one-liter bottles of "Classic Coke" available, sitting dusty & unsold amidst an ocean of "Coke".

    28. Re:Why is this needed? by dryeo · · Score: 1

      Perhaps the recipes are different in Canada but I have a hard time believing that Pepsi would be overwhelmingly preferred over Coke. I find Pepsi way too sweet as do most people I know. Coke is mostly sugar and not enjoyable and unless you're really addicted to sugar, Pepsi tastes like sugar with a bit of water added.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    29. Re:Why is this needed? by ZorinLynx · · Score: 1

      They could improve the taste quite a bit by simply using real sugar instead of HFCS, which is bad for you anyway.

      There's been some resistance against HFCS in the market, but it's not been strong enough. We need more people to refuse to eat that garbage. When I was at the liquor store browsing mixers, only ONE out of maybe eight to nine mixers used real sugar. The rest used HFCS. It's sad.

    30. Re:Why is this needed? by Logic+and+Reason · · Score: 1

      When asked what happens when there is no viable competition - say for a drug that can save lives but which is administered in private clinics so as to keep competing pharmaceuticals from gaining direct access to the drug - his reply was that he would then just grab a gun, go to that clinic, and get some of that drug himself and woe the person who would get in his way.

      In the general case, that's extremely unlikely to happen barring threat of violence (by the racists or by the government). It takes only one entrepreneur, looking to scoop up easy profits ignored by the racists, to crack a market wide open. At that point the racists face the choice of being out-competed, or dropping their prejudices and adapting to reality.

      In the case of a trade secret that a single company holds, there are several responses. One is that the rest of the market is likely to reverse-engineer or otherwise duplicate the secret quickly, given all the potential profits at stake. Another is that such a cure is more likely to be discovered by a non-racist than by a racist, because the market punishes irrational discrimination as described above (meaning there should be few successful, racist drug companies). Yet another is that if such a racist company discovered a miracle cure today and was prevented by law from selling it only to certain races, mightn't it just destroy the formula instead (since we're assuming it's willing to ignore potential profits)?

      It's a bit like the what-if objection to private property: "What if some rich guy buys up all the land in the world, becoming its de-facto ruler?" Yes, that's "possible" in the sense that the definition of private property doesn't preclude it; but it has never come close to happening and is so unlikely to ever happen (for various reasons, including that the price of the last few parcels of land would be near-infinite) that it doesn't constitute a realistic objection.

    31. Re:Why is this needed? by amRadioHed · · Score: 1

      Here in southern California it's common to find stores carrying Mexican Coke because it's made with real sugar.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    32. Re:Why is this needed? by tirefire · · Score: 1

      Go ahead, prove it to yourself. Buy a 2-liter bottle of Coca-Cola, then buy a bunch of bottles/cans of premium "cola" drinks (especially those made with cane sugar). Throw in a bottle of Pepsi while you're at it. Then do a blind taste test, and see which one you think tastes the best. I can almost *guarantee* that the winner WON'T be "Coca-Cola".

      Been there, done that, and I must agree with your results. I don't drink much soda, but I think the worst soda with cane sugar tastes better than the best soda with HFCS.

      However, if you think that coca-cola can't ever win a taste test, you might have just never had good coca-cola. A lot of american grocery stores carry coca-cola intended for the mexico market, presumably so mexican-americans can drink the familiar stuff they got back home. It is remarkably better than american coke in every way - it comes in a glass bottle (not plastic), the label is painted on (not glued on), it is a half-liter instead of 12 or 24 ounces (metric > imperial), and the wording is in spanish (being american, it is easy for me to forget other languages exist). But the best part is the taste - it doesn't have that slightly painful chemically tinge that american coke does, and it has cane sugar, not diabetes-in-can HFCS.

    33. Re:Why is this needed? by RoknrolZombie · · Score: 1

      Well, of course we would choose homelessness. Principles are very good for lots of different things - I'm sure they can be eaten, and if pressed I'd be willing to bet that they'd keep you dry in a rainstorm.

    34. Re:Why is this needed? by Miamicanes · · Score: 1

      From what I've been told, there are two variants of Mexican "Diet Coke" -- the original formula from the 80s/90s that's 50% sugar and 50% aspartame, and the newer formula that's 100% aspartame, but has 2-3 times as much as the American formula and was introduced once the aspartame patent expired in Mexico.

      Apparently, "New Coke" actually started out as 1980s Diet Coke, then somebody at Coca-Cola's labs replaced the NutraSweet with HFCS, then added even more, and realized it tasted really good & pitched it to management as a new product to replace the original Coke. Or something to that effect. Either way, if you add sugar (or more aspartame) to regular Diet Coke, you can re-create the taste of 1980s New Coke on your own. Ever since I discovered that, restaurant Diet Coke has tasted a lot better (with the addition of 2 or 3 packs of aspartame, and lots of weird looks from other diners & the waiter/waitress). Personally, I wish Coke would have stepped up to the plate and introduced their OWN high-aspartame "new" Diet Coke, too. Unfortunately, they decided to go with Coke Zero, which I find to be completely disgusting and *worse* than normal (100% Nutrasweet) Diet Coke (but better than the blended aspartame+saccharin, and WAY better than the 100% saccharin fountain variants found at most restaurants (only BK and McDonalds use the 100% aspartame formula Diet Coke; most restaurants use the blended formula, and most gas stations & bars use the 100% saccharin formula). To me, Coke Zero tastes like I remember Tab tasting (yuck!).

      I remember being told by a teacher (late 80s) who used to work for Pepsi that they'd made Diet Pepsi in their labs that was almost double-blind indistinguishable from regular Pepsi... the problem was, it cost a lot more to make (NutraSweet was still under patent), and they would have either had to sell 1-liter bottles for the price of 2-liter bottles, or charge more for 2-liter bottles of Diet Pepsi than they did for regular Pepsi. Moreover, the "indistinguishable" formula had ~12 calories per can, so they would have had Coke running commercials showing people drinking Diet Pepsi and getting fat. The drink that eventually became the original-formula Pepsi One (in the US, circa 1999 or 2000) was basically Diet Pepsi with double the aspartame. Then, they decided to unify the American and European formulas (the European formula had Ginseng) and jacked up the caffeine to energy-drink levels, rebranding it under the European name (Pepsi Max).

      There are still some bottlers who sell Pepsi One (at least, in Florida, in cans, at Publix), but they changed the formula again (it's now a blend of aspartame and sucralose), and it doesn't taste nearly as good as it used to. Apparently, sucralose is still expensive, so the new Pepsi One falls somewhere between original Diet Pepsi and original Pepsi One taste-wise... better than regular Diet Pepsi, and slightly less likely to give you heart palpitations & flushed skin than Pepsi Max, but not as good as the original Pepsi One used to be.

  8. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  9. Am I living in the Twilight Zone? by virb67 · · Score: 1

    Is this not the same Congress that just passed CISPA? Does anyone think this is some great victory?

  10. Re:What about friending HR? by TWX · · Score: 5, Insightful

    I've wondered, since this came up in the news, how those poor, poor employers screened candidates in the old days, before they could readily get information from Internet search engines, social networking sites, and inexpensive background checks.

    Oh, right- they had to actually talk to them, and had to evaluate them after they hired them, and had to consider firing them if their professional lives had problems...

    --
    Do not look into laser with remaining eye.
  11. Congress? by Professr3 · · Score: 2

    "We must draw the line somewhere and define what is private"

    Oh, the hypocrisy...

    1. Re:Congress? by artor3 · · Score: 4, Insightful

      Congress isn't a single person. It's not hypocrisy when some congressmen vote for CISPA and others speak out for privacy. The two congressmen behind this bill both voted against CISPA and had announced their opposition to SOPA prior to the bill being withdrawn. So no, they're not being hypocritical at all.

    2. Re:Congress? by Anonymous Coward · · Score: 0

      when pedantics run wild.

  12. Hahahahah by OverlordQ · · Score: 1

    The difference this time is that the concept has its own bill, while its previous incarnation was an amendment to an existing bill about reforming FCC procedures.

    That's one of the few guaranteed ways of killing something, attach it to the FCC.

    --
    Your hair look like poop, Bob! - Wanker.
  13. Oh noes! by gaelfx · · Score: 1

    Look out everyone, it's SNOPA!

  14. question by ozduo · · Score: 2

    I don't use Facebook, am I unemployable?

    --
    I got to the chocolate box before you, that's why the hard ones have teeth marks.
    1. Re:question by digitig · · Score: 4, Funny

      Yes, but that's not why.

      --
      Quidnam Latine loqui modo coepi?
  15. Re:What about friending HR? by gmanterry · · Score: 4, Interesting

    This is the USA. We haven't had a Constitution since 2001. 9/11 to be exact.

    --
    Since when is "public safety" the root password to the Constitution?
  16. Re:What about idiots by Anonymous Coward · · Score: 0

    Same idiots that probably voted for SOPA, PIPA, and CISPA..

    I would agree on this subject, no one should be able to ask or know your social networking accounts. However, I do not see these idiots pushing to ban employers from exposing your credit history or bank accounts. Fuckin waste of time!!!!!!!!!

  17. Re:What about friending HR? by mehrotra.akash · · Score: 1

    If ALL laws were written in a form representable by a DFA, we wouldnt have the disagreements in the 1st place

  18. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Hahaha, you think 9/11 was the beginning of the loss of a constitution? Really? It goes back much much further than that, trust me.

  19. Re:What about friending HR? by Tasha26 · · Score: 1

    What about companies or govt agencies paying Facebook for such data?

  20. Yes and no by MrEricSir · · Score: 3, Insightful

    Yes, I wouldn't want to work there.

    No, that's not how it works. There are more workers than employers, so without any external force employers are free to set the rules as they see fit. When many employers adopt a policy, workers have to band together if they want to fight it; and that's exactly what we're seeing here.

    --
    There's no -1 for "I don't get it."
  21. Re:What about friending HR? by Anonymous Coward · · Score: 0, Troll

    Yeah that's kinda funny. Well no, might want to look at Obama in the last year, since he's gutted the constitution more than Bush did in 8 years.

  22. How about FBI, CIA, NSA, TSA etc. snooping? by roman_mir · · Score: 4, Insightful

    How about governments stops meddling with every single business and person out there, introducing all these nonsense laws, while actively snooping on everybody on this planet without any justification, cause and mandate?

    Just this NSA data center is a much bigger privacy risk than any number of employees who are dumb enough to ask for FB access of their potential hires and these potential workers being dumb and unprincipled enough to give it to them.

    How about NSA stops doing THAT? Never mind the extra-judicial murder the president is involved in.

    Shouldn't laws apply to the government first?

    Shouldn't the government not be allowed to do things that an individual isn't allowed to do in the first place?

    1. Re:How about FBI, CIA, NSA, TSA etc. snooping? by roman_mir · · Score: 1, Insightful

      Oh, and by the way, to those, who will reply to me with nonsense like: government must protect us from the evil corporations.

      Stop and think for a second: nobody forces you to work for any of those companies and if you actively refused to work for them if they violated your privacy, they'd stop doing it, just the PR alone is going to be a problem for them.

      But with a government... how are you going to opt out of that? With a company you can opt out. You can not buy the product, you can avoid being employed with them, but how do you opt out of being targeted by the NSA, TSA, etc? You can't avoid the government.

      The government creates the ultimate monopolies and you can't opt out either of paying them or participating in their programs.

    2. Re:How about FBI, CIA, NSA, TSA etc. snooping? by Anonymous Coward · · Score: 0

      You have no fucking clue what it is like for most people seeking employment.

    3. Re:How about FBI, CIA, NSA, TSA etc. snooping? by pla · · Score: 1

      Just this NSA data center [wired.com] is a much bigger privacy risk than any number of employees who are dumb enough to ask for FB access of their potential hires and these potential workers being dumb and unprincipled enough to give it to them.

      Oddly enough, I view the fact that Congress actually cares about this issue as a much more disturbing sign relating to your point... The average Joe actually does think about thinks like what his boss would think of his crossdressing habit; They don't think about whether or not the NSA has a copy of every word they've ever uttered over a public network.

      So call me paranoid, but I see this move as not as an attempt to respect people's privacy, but rather, as a thinly-veiled measure to ensure the continued free flow of the minutiae of people's personal lives into a sufficiently-public space for Big Brother to have complete access to material he couldn't otherwise legally obtain.

      Or put more bluntly - Don't startle the cows, they'll give less milk.

    4. Re:How about FBI, CIA, NSA, TSA etc. snooping? by mounthood · · Score: 1

      Businesses are foolishly supporting CISPA while having their own access to information curtailed. If industry was shrewed they'd demand the same access and protections the government wants for itself.

      The opening rounds of the privacy war have left government able to ignore the 4th amendment, and all privacy issues are now 'private sector' issues, like restricting business access to Facebook.

      --
      tomorrow who's gonna fuss
    5. Re:How about FBI, CIA, NSA, TSA etc. snooping? by rubycodez · · Score: 1

      you miss the point, both government and business need limitations because they inherently do evil because of lust for money and power. Furthermore, our government is in the pockets of large mega-corporations.

    6. Re:How about FBI, CIA, NSA, TSA etc. snooping? by roman_mir · · Score: 0

      both government and business need limitations because they inherently do evil because of lust for money and power.

      - I disagree.

      Government is the inherent evil, I completely 100% on board with that.

      Business is inherent GOOD. Business is what turned the economy around from everybody being subsistence farmers, hunters gatherers into these city dwellers, who are now critiquing the very businesses that provide all the goods and services to billions of people for not doing their 'fair share'. This is hight of hypocrisy.

      I know that many socialists and Marxists and statists love to repeat the mantra: taxes buy me the civilisation, but they are completely wrong. They are totally and irrevocably wrong, completely incorrect, completely ignorant on this issue.

      It is BUSINESS - people trying to profit that are building civilisation. It's not government, never government, under no circumstances is it government that actually creates wealth. All of the wealth is created by businesses, governments can only steal that wealth. Every government position is position of inherent evil. Some of it we concede to be necessary (not me, I don't see any necessity in government at all, every single thing can and should be done privately), but many people believe that some form of government must exist - necessary evil. For example protection of borders (should be done with private militia of-course), criminal court (should be private), police (should be private security) but even if it's not private security, police should have nothing to do with federal gov't. Fire dep't, medicine, schools, infrastructure, money, interest rates, every single thing only should be done privately, then we'd have much more wealth than what we have today.

      But the point is that all things are created by businesses.

      Without government there are no monopolies, all monopolies are created by the governments, and those large businesses that are economies of scale provide us with best products at lowest prices - this is not done by governments.

    7. Re:How about FBI, CIA, NSA, TSA etc. snooping? by rubycodez · · Score: 2

      You have the blindness so typical of libertarians and present-day Republicans who imagine themselves capitalists and conservative. You are ignorant of the fact that business can become anti-capitalist and/or fascist. You imagine that anyone who decries evil that corporations do must be marxist or socialist.

      Small and medium sized business did the good things of which you speak. But the mega-corporations have taken over government, they enslave, kill and maim for profit, they seize wealth and are parasites. It is not capitalism when lawmakers are bought and made to produce laws which suppress small business, and destroy incentives for individuals to engage in capitalism. It is not capitalism when ethnic groups are made fodder for a private prison system.

    8. Re:How about FBI, CIA, NSA, TSA etc. snooping? by rubycodez · · Score: 2

      It is also not capitalism when a global banking cartel substitutes debt-as-money for real money. It is not capitalism when corporations are given the same rights as we the people. Our large corporations including the banking cartel have become monsters, the enemies of true capitalism, parasites that rob the people of life, liberty and wealth.

    9. Re:How about FBI, CIA, NSA, TSA etc. snooping? by roman_mir · · Score: 2

      You are ignorant of the fact that business can become anti-capitalist and/or fascist. You imagine that anyone who decries evil that corporations do must be marxist or socialist.

      - not at all. You are clearly unfamiliar with the history of my comments.

      I absolutely agree with you. But you are looking at the consequence of government selling power to businesses and you believe that's the cause. You are ignorant on the cause and effect in these matters.

      The more power that government holds, the more power it can sell. The more power that government holds, means the less power that individuals have.

      If government is very powerful, it only means one thing: it is controlling actions of individuals. Individuals run businesses, so a powerful government controls individuals and controls businesses, and it is only NATURAL and MUST HAPPEN that when there is this overpowering overbearing government system, that individuals and their businesses adapt to the circumstances of such power inequality.

      It is the the power concentrated in the hands of the politicians that allows businesses to buy access, to rent that power (never buy it, always only rent it). The businesses are NOT inherently evil. They are inherently good, because they give us products we want (and supply us with jobs we unfortunately need).

      However when a powerful government exists, it is powerful by definition because it is controlling too much. It wouldn't be powerful if it didn't control too much. A business must adapt, it must try and spend money in a way that would allow it to go around the barriers that the powerful government sets in front of it.

      Unfortunately for all of us, once certain businesses buy/rent certain politicians, the power of the state is then sold/rented to the businesses, now THEN you have fascism (and that's what you have now) - government and businesses merging lucratively.

      This is my point, it always is my point. Businesses are all people that provide other people with products and services, and exchange of products and services happens voluntarily, and that's why businesses are inherently good - they give us what we want. This is the highest form of democracy - you vote daily on what businesses you support with your money.

      Government is a structure that allows few people to gain power without providing anything that the market actually is willing to pay for, it pools power in hands of few, and power that is pooled is power that is used to stifle people and their businesses, and this is the power that can be sold/rented, and this is the power that is inherently evil.

    10. Re:How about FBI, CIA, NSA, TSA etc. snooping? by Anonymous Coward · · Score: 0

      nobody forces you to work for any of those companies

      There was a time in Tsarist Russia when men were used rather than horses to haul barges along the Volga. Nobody “forced” these men to work at hauling barges.

      Why use men rather than horses when a properly harnessed horse can pull much more efficiently than a man? Because horses would have to be fed enough to be kept alive but the unemployment situation was such that the men could be paid less than the cost of the food needed to keep them alive. There were enough destitute men that they would “willingly” work for starvation wages because the alternative to starving to death slowly was to not work at all and so starve to death quickly.

      There is nothing in the free market system that guarantees that workers will get a living wage, nor that the employment will be fair or safe.

    11. Re:How about FBI, CIA, NSA, TSA etc. snooping? by roman_mir · · Score: 1

      There was a time in Tsarist Russia when men were used rather than horses to haul barges along the Volga. Nobody âoeforcedâ these men to work at hauling barges.

      - yeah, that was the time of free market, right?

      Wait, NO. In Tsarist Russia there was no free market, there were feudals and there was a tsar, thus TSARIST Russia.

      And the people you are speaking of were called 'burlaki'. And since they couldn't find anything else to do, they should have been happy to get jobs that were available at the time.

      And then the capitalist system allowed some companies to pool enough savings and invest into motorising those barges and eventually the people who would have otherwise worked as 'burlaki' could work elsewhere, because motorised shipping created enough efficiencies that allowed much more production to take place. Also motorised shipping required a more educated work force and the wealth generated by the capitalist bastards was paying for that education through salaries to the parents of the kids who were educated.

      As to why use men rather than horses - well, because in many cases the men were cheaper to use than horses, how is that not clear? Also men can deal with difficult situations that happen on the roads better than horses can.

      Was it a 'free market' system? Not at all. Free market means no government intervention in the system, and the government that allowed slavery (and feudals owned entire villages of slaves) has nothing to do with anything that even remotely can be called 'free', you dumb ass.

  23. The fuck? by melted · · Score: 1, Insightful

    The country is circling down the shitter, and this is the best thing the Congress has to occupy themselves with? If a prospective employer asks me to provide my FB account, I'll tell them to go pound sand, and so should everybody else. My photos of funny kittens shall be mine alone.

    1. Re:The fuck? by Anonymous Coward · · Score: 1

      ... I'll tell them to go pound sand

      Of course, when your health insurer demands your facebook password, or else, you'll say the same thing. Same with your mortgage provider. And also your car registration insurer. I wish we could all live without a boss, health care, a house, and a car.

      Have a fucking clue. This is the have's making sure the have-not's stay that way.

    2. Re:The fuck? by thegarbz · · Score: 2

      If a prospective employer asks me to provide my FB account, I'll tell them to go pound sand, and so should everybody else.

      Which will be of consolation when the righteous themselves are pounding sand trying to figure out how to make money to put food on the table. I'm sure the 300 blue collar workers who just lost their jobs when a local metal foundry shut down this past week will gladly hand over a facebook password in exchange for not having to try and live of welfare payments.

      Here's a quick tip for those of you not paying attention to the current economy. At the moment common people will take what they can get. It's up to the heads of the country to ensure that people aren't being taken advantage of while we flush down the financial bowl.

    3. Re:The fuck? by Anonymous Coward · · Score: 0

      Yup, sure will, and given I have a legal contract I've agreed to with FB and they have no legal permission from FB to access my account, my lawyer will prevail rather quickly.

    4. Re:The fuck? by Anonymous Coward · · Score: 0

      Delete the goddamn FB account and reply that you don't have one. Or just make it private findable only and say the same thing. If you can't figure out how to get around this without even directly lying you probably shouldn't have a job at all lest you fuck something up. Everybody likes to bitch about the stupid clerk, and the other bad drivers...

    5. Re:The fuck? by Anonymous Coward · · Score: 0

      First they came for the funny kittens but i didnt say anything since i don't visit 4chan, then they came for the video game screenshots but i didnt say anything since i'm not a gamer, then they came for the homemade pornos and there was no one left to say anything for me!

    6. Re:The fuck? by melted · · Score: 1

      I'm sorry, the company that demands full access to my private life is not the one I would want to work for anyway. This has nothing to do with being righteous. If they required a colonoscopy, or HR person wanted to feel your balls before you get the offer, would you go for it? This is the same thing.

    7. Re:The fuck? by melted · · Score: 1

      Yes, I'll tell them all to pound sand. They are not the only option out there. And if they were, I would sue and win.

    8. Re:The fuck? by thegarbz · · Score: 1

      Wait what? Now you're likening a look into your potentially quite boring life to a medical procedure? I can see you have no grasp of reality here.

      The reality is that the economy is currently in a state where people don't get a choice who they WANT to work for. It's a case of what job can you get, and more importantly how much money is left in the bank before you're reduced to eating bread and eggs three times a day. You're gainfully employed I take it and not currently desperate to find work? Fantastic, more power to you. I'm sure there's plenty of people at the moment who will line up to have their balls touched in return for a paycheck. Shit man I know people who are lining up to have experimental medical injections in return for a one time payment.

      Funny though as an aside the irony is that yes actually I did get my balls touched as part of my job offer, but hey that comes with the job description and they were gentle and wore gloves. Personally I found the spirometry orders of magnitude more uncomfortable.

    9. Re:The fuck? by melted · · Score: 1

      "Economy" is an excuse losers mention when they don't get the job they wanted. There's a severe shortage of qualified engineers everywhere. We pay way above industry average and we can't get enough folks. And we don't touch anyone's balls and don't require a FB password.

    10. Re:The fuck? by thegarbz · · Score: 1

      Oh I'm sure if everyone had an engineering the degree the world will be just fine. Maybe. I wonder what google news says:

      "Job cuts rise in April but Florida losses outpaced by hiring"
      "Lufthansa reveals 3,500 job cuts in new draconian cost-saving measure"
      "Federal job cuts to affect parks on Vancouver Island: union - 3,872 public servants notified that their jobs are on the line"
      "Planned job cuts by Illinois employers rise in April"

      And this is just the news TODAY! Imagine what we could find if we looked at yesterday's news.

      Sorry but you're an elitist dick. Enjoy your job and life of luxury.

  24. List of what's not allowed - ridiculous. by blind+biker · · Score: 5, Interesting

    So if there's no bill banning a certain activity, a company may engage in it, is that how it work in the USA? You know, in other western countries corporations aren't allowed anything unless it's granted to them explicitly.

    Is there a bill forbidding cavity search by corporations? Or one that forbids corporations from harvesting the organs of their employees? It seems apt to ask, in case I ever dream of working in the USA.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:List of what's not allowed - ridiculous. by Anonymous Coward · · Score: 0

      You know, in other western countries corporations aren't allowed anything unless it's granted to them explicitly.

      Interesting.

      I suppose it's the unfortunate backlash of corporations being considered people in the good ole US of A.

    2. Re:List of what's not allowed - ridiculous. by dbIII · · Score: 1

      So if there's no bill banning a certain activity, a company may engage in it, is that how it work in the USA?

      That's how some expat US businessmen behave in my country. Since the ones I've heard doing that spectacularly crashed and burned I can only assume they were the idiots that parent companies wanted to get rid of and that it's not anywhere near being universal. There was definitely a "slavery is good" vibe from some and an opinion that they owned the employees outright, with many intrusions into private lives and actually going as far as bugging workplaces and recording every word of some employees.

    3. Re:List of what's not allowed - ridiculous. by BasilBrush · · Score: 1

      You know, in other western countries corporations aren't allowed anything unless it's granted to them explicitly.

      Not true.

    4. Re:List of what's not allowed - ridiculous. by Anonymous Coward · · Score: 0

      because you say so.

    5. Re:List of what's not allowed - ridiculous. by misexistentialist · · Score: 1

      aren't allowed anything unless it's granted to them explicitly

      Sounds awesome, where do I sign up?

    6. Re:List of what's not allowed - ridiculous. by rubycodez · · Score: 1

      Corporations do indeed do all evil they can get away with. In the USA, we have corporations mass murdering (in other countries) for profit. We have corporations poisoning people for profit because they can. We have jails run by private contractors so certain minorities are made to be prisoners, because they can get away with it, and thus we have the largest percentage of imprisoned adults in the "free world" (ha). How naive are you?

    7. Re:List of what's not allowed - ridiculous. by Anonymous Coward · · Score: 0

      I hear that US companies literally "take the piss", i.e. require regular urine tests for drugs.

      I am not convinced that is because they think their coding department will be fielding a team for the Olympics.

    8. Re:List of what's not allowed - ridiculous. by Anonymous Coward · · Score: 0

      Is there a bill forbidding cavity search by corporations? Or one that forbids corporations from harvesting the organs of their employees?

      Ya jackass thats pretty much the same thing as an employer asking for your FB login without being able to verify that it is your actual account or the fact that he can't even verify that you have one in the first place. You probably should stay in your country, we don't coddle little indolent dumb fuckers here.

    9. Re:List of what's not allowed - ridiculous. by amanaplanacanalpanam · · Score: 1

      Corporations don't "do" things, people do things. I didn't bother to verify it, but I'd bet there are laws forbidding people from most any activity without the consent of all parties.

  25. Re:What about friending HR? by Anonymous Coward · · Score: 1

    [citation need]

  26. Re:What about friending HR? by Hognoxious · · Score: 1, Insightful

    It would be useless, because "it is amendments" doesn't make any sense at all.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  27. Re:What about friending HR? by Hognoxious · · Score: 1

    Is that what they used to do before the makeover - back when it was called "personnel"?

    Sounds like a fuckton of work to me. I mean, that's what computers were invented to avoid, isn't it?
    http://www.cartoonstock.com/lowres/jmo0663l.jpg

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  28. Re:What about friending HR? by Joce640k · · Score: 1

    They don't need to pay any more, not with CISPA.

    This does seem awfully two-faced - ban us from snooping, give themselves unlimited access, constitution be damned.

    --
    No sig today...
  29. Constitution? by fnj · · Score: 4, Informative

    Why not simply an affirmation that private companies, corporations both foreign and domestic, as well as individuals, are fully bound by the constitution and all of it's amendments

    That question is easy to answer. Because the constitution bounds the powers of the FEDERAL government. Period. It says very little about what state and local governments can't do, and it certainly doesn't say what employers (and private citizens) can't do. The word "murder" doesn't appear in the constitution either. The constitution isn't concerned in the slightest whether Joe Blow goes on a killing spree. In fact the laws against murder are all state laws. A state could decide not to have any law against murder as far as the constitution is concerned.

    Dig it. It took an act of congress to implement a ban on discrimination and desegregate the public schools. There was an amendment passed at the same time as the Civil Rights Act of 1964 specifically to ban poll taxes, but that was the extent of it. Similarly, there is nothing in the constitution that says an employer can't ask employees for various concessions. That is for states to limit.

    The Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." That's the ENTIRE text. So the First Amendment says CONGRESS shall make no law abridging the freedom of speech. It doesn't stop a state from limiting free speech.

    1. Re:Constitution? by Anonymous Coward · · Score: 0

      Most of the Bill of Rights was incorporated by the Supreme Court via the Due Process Clause of the 14th Amendment, because at some point along the way, after the civil war, we decided that if rights belong to individuals, it doesn't make a logical or moral difference whether you're being oppressed by local your state or all 50 states working together.

    2. Re:Constitution? by Anonymous Coward · · Score: 0

      Commerce Clause.

  30. Re:What about friending HR? by fnj · · Score: 3, Insightful

    The selection of candidates by the two parties effectively limits the choice of voters. Yes, they can vote third party or write somebody in, but if no one of half decent mentality, morality and freedom from control ever competes for the nomination of either party, or if those who do are quickly weeded out by the respective bought and paid for establishments, the general election is just a fraud.

  31. We don't need this law! by 91degrees · · Score: 1

    There are already plenty of laws that can be applied to employers who want to do this. Computer security laws, tortuous interference with contract both would seem to apply.

    Even more that makes it remarkably dangerous for the employer if they see something that makes the employee a protected group.

    Facebook are willing to sue. They don't want people to do this either. It devalues their service (even if the users are the "product", they still need to provide something of value to attract users). There's no need for an explicit law. By the time this makes it through to become actual law, it will be pointless.

    1. Re:We don't need this law! by Jon+Stone · · Score: 5, Insightful

      Facebook are willing to sue. They don't want people to do this either. It devalues their service (even if the users are the "product", they still need to provide something of value to attract users).

      Facebook probably wants to be able to charge companies for access to potential employees' data

  32. For people with limited options by sjbe · · Score: 5, Insightful

    I truly don't get this. If an organization requires a law to tell it that it shouldn't do this - YOU DON'T WANT TO WORK THERE.

    That is of course correct but not the point. The problem is because sometimes people need jobs that they do not want. My father is a very smart guy but he doesn't have a college degree and he worked for many years in a job with limited applicability outside of a handful of companies. He didn't really want to work there, he had to out of economic necessity. The pay was better than probably anything else he could get and he had a union to protect him from idiots who might demand unreasonable things from him. (one of the good cases for unions actually) It would have been very easy for some moron to demand some ridiculous intrusion into his personal life without some form of external protection like a union or a law.

    Bills like this are not to protect (presumably) you or me but rather to protect people with limited options. If your options are to hand over your facebook password so that you can feed your family, you're probably going to give over the password. It's completely wrong to even ask but sometimes we have to make laws to prohibit such behavior explicitly because a few idiots can't figure out why it is wrong. A law gives protections and recourse to those who might be vulnerable to being taken advantage of.

  33. Article Six of the Constitution by sjbe · · Score: 4, Insightful

    Because the constitution bounds the powers of the FEDERAL government.

    And the state governments as well via Article Six. Government at all levels is bound by the Constitution.

    In fact the laws against murder are all state laws

    Demonstrably not true. Perhaps you should actually read about federal law or at least spend 20 seconds on Wikipedia before posting something so easily refuted. There are federal laws concerning murder for cases where state law would not apply such as for overseas military, on federal property, situations crossing state lines, involving federal officials, ambassadors, foreign officials, and numerous other circumstances.

    A state could decide not to have any law against murder as far as the constitution is concerned.

    Kind of a stupid argument since they all do have laws against murder.

    So the First Amendment says CONGRESS shall make no law abridging the freedom of speech. It doesn't stop a state from limiting free speech.

    Actually it specifically does stop states from limiting free speech via Article Six, specifically "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Basically the First Amendment overrides any state law that contradicts it. If the Constitution was not applicable to states then it would be a useless document.

    1. Re:Article Six of the Constitution by fnj · · Score: 0, Troll

      Because the constitution bounds the powers of the FEDERAL government.

      And the state governments as well via Article Six. Government at all levels is bound by the Constitution.

      The simple fact is the constitution does NOT limit the powers of the states except insofar as they conflict with specific provisions in the constitution. When the insurance mandate in Obamacare is ruled unconstitutional, that section of Obamacare (at least) will be invalidated. That will not affect Romneycare in Massachsetts. Why? Because the Federal Government is not given the power anywhere in the constitution to tell a citizen what insurance he MUST buy with HIS money. But a state can do so if it is permitted by the state constitution.

      In fact the laws against murder are all state laws

      Demonstrably not true. Perhaps you should actually read about federal law or at least spend 20 seconds on Wikipedia before posting something so easily refuted. There are federal laws concerning murder for cases where state law would not apply such as for overseas military, on federal property, situations crossing state lines, involving federal officials, ambassadors, foreign officials, and numerous other circumstances.

      Edge cases affecting a vanishingly small part of the population of the US. Looking for a pedantic debating point which does not contradict the point of the statement? The fact is if a normal citizen commits a typical murder in Massachusetts, that does not break any federal law.

      A state could decide not to have any law against murder as far as the constitution is concerned.

      Kind of a stupid argument since they all do have laws against murder.

      So, other than the urge to call me stupid, you agree with the point?

      So the First Amendment says CONGRESS shall make no law abridging the freedom of speech. It doesn't stop a state from limiting free speech.

      Actually it specifically does stop states from limiting free speech via Article Six, specifically "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Basically the First Amendment overrides any state law that contradicts it. If the Constitution was not applicable to states then it would be a useless document.

      Logic. Use it. That article you are so fond of has no bearing on this matter. The constitution says CONGRESS shall make no law abridging the freedom of speech. Fine. So say a state makes a law abridging the freedom of speech. That does not violate the constitution in any way. Because of that pesky tenth amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." That is ALL powers not SPECIFICALLY prohibited.

    2. Re:Article Six of the Constitution by Zontar+The+Mindless · · Score: 5, Informative

      So say a state makes a law abridging the freedom of speech. That does not violate the constitution in any way.

      Evidently you failed high school civics class. Article Six doesn't say anything about Congress; it specifically binds *judges* to rule according to the *Federal* Constitution in the event of a conflict between it and the laws or constitution of any state. Note also that it doesn't say anything about State or Federal judges--it says *judges*, period.

      US states that do not exist only in your imagination may not enact laws that contravene the US Constitution. States may not restrict or take away rights that are guaranteed by the US Constituion. Period.

      --
      Il n'y a pas de Planet B.
    3. Re:Article Six of the Constitution by bsane · · Score: 2

      Logic. Use it. That article you are so fond of has no bearing on this matter. The constitution says CONGRESS shall make no law abridging the freedom of speech. Fine. So say a state makes a law abridging the freedom of speech. That does not violate the constitution in any way. Because of that pesky tenth amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." That is ALL powers not SPECIFICALLY prohibited.

      You may want to brush up on a few things. First amendment SPECIFICALLY applies to states: https://en.wikipedia.org/wiki/Gitlow_v._New_York via the 14th. Further because of the 14th most of the rest of the Bill of Rights now applies to the States as well.

    4. Re:Article Six of the Constitution by Miamicanes · · Score: 1

      > When the insurance mandate in Obamacare is ruled unconstitutional, that section of Obamacare (at least) will be invalidated.

      Until Congress passes a law making receipt of federal highway funds contingent upon the state's legislature passing a law that requires substantially the same thing. Or until ONLY the "must purchase" provision gets struck down, and premiums get increased for everyone because there are so many people waiting until they come down with an expensive medical problem before purchasing insurance.

    5. Re:Article Six of the Constitution by Anonymous Coward · · Score: 1

      Why spell out your punctuation? Question mark.

    6. Re:Article Six of the Constitution by pixelpusher220 · · Score: 1

      Indeed I, an avid flaming liberal, agree that the Obamacare 'mandate' (GOP created though it is) is unconstitutional. What the fun Troll I am posting to and all the other right-wingers don't say is that they disagree with health care for all and that some babies should be left to die because their parents don't have insurance.

      Sorry if that's harsh, but that is your blessed 'free market' at work. Either you have universal health-care, or you are okey dokey with letting people die because they don't have insurance. You can disagree with HOW you get universal coverage, but it's funny how the anti-Obamacare people are fairly silent on that other part...

      Single payer gov't health care gives you WAY MORE control over your health care than any private insurance company does. you have zero say in their methods of business...you have 'some' say in how gov't works (at least we could if we could get over ourselves on both sides!).

      --
      People in cars cause accidents....accidents in cars cause people :-D
    7. Re:Article Six of the Constitution by Solandri · · Score: 1

      I think what confuses people is that most of the Constitution outlines what the Federal government can do. Per the 10th Amendment, powers not granted to the Federal government are reserved for the States and the People. So States are free to take upon themselves powers not granted to the Federal government by the Constitution.

      The few Amendments outlining what the Federal government can't do are different. The Constitution, being the highest law in the land, extends these prohibitions to the States as well.

    8. Re:Article Six of the Constitution by sjbe · · Score: 1

      Evidently you failed high school civics class

      Really smart to insult someone when 20 seconds on wikipedia will refute your argument completely...

      Article Six doesn't say anything about Congress; it specifically binds *judges* to rule according to the *Federal* Constitution in the event of a conflict between it and the laws or constitution of any state. Note also that it doesn't say anything about State or Federal judges--it says *judges*, period

      Article Six Clause Two is informally called the Supremacy Clause and it assures that the Constitution takes precedence in any conflict between it and State or local laws AND that judges shall enforce disputes in that manner. It is not just about judges and what they can do but directing judges specifically to hold the Constitution as the highest law of the land is a critical element in ensuring that states are bound to the same rules. Not specifically referencing congress is irrelevant. As a result the first amendment applies to all levels of government, not just federal.

  34. huh by Anonymous Coward · · Score: 0

    "We'll have to hope the U.S. House doesn't kill this one like they did the last attempt."

    Hope - that's all you pen pushers extol. If patterns continue, that bill will be shot down like a patriot missile hitting an old cheap scud missile. What are you actually going to do if the bill is shot down?

    1. Re:huh by Opportunist · · Score: 1

      I hope the same thing that's done with all the privacy erasing bills: Reintroduce them 'til enough people throw up their hands and vote yes to finally get that damn thing off the table.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  35. And all engineers cause spam by sjbe · · Score: 2

    I just love MBAs.

    So to you holding the college degree of a MBA is shorthand for evil corporate behavior even if in reality is has NOTHING whatsoever to do with the topic at hand. You think that someone who tries to learn skills to manage a business more effectively must be simultaneously an evil and incompetent person. It must be convenient to see the world in such a way that you can easily scapegoat a group of people who aren't the cause of the problem. What you have said makes even less sense than blaming all engineers for the problem of spam. Most HR professionals don't actually have MBA degrees. But don't let actual facts intrude on your idiotic rant when there are mod points to be had by pandering to wrongheaded scapegoating.

    1. Re:And all engineers cause spam by Stormthirst · · Score: 1

      Seems to work for politicians.

  36. Circumstances trump ideals by sjbe · · Score: 1

    nobody forces you to work for any of those companies and if you actively refused to work for them if they violated your privacy

    A person might not force you to work for them but circumstances very well might. Unions came into existence precisely because it was difficult for some people to find alternative employment and some companies took advantage of that face. When your choice is between your privacy and feeding your family, your privacy is going to lose most of the time. Doesn't matter if it is wrong up in your ivory tower. You have the good fortune to have choices and live in a society that (generally) protects that right. Not everyone is so lucky.

    1. Re:Circumstances trump ideals by roman_mir · · Score: 0

      A person might not force you to work for them but circumstances very well might.

      - so what? Everybody has 'circumstances'. Just because you have circumstances doesn't mean you get privileges, which require other people to be obliged to you with anything.

      Unions came into existence precisely because it was difficult for some people to find alternative employment and some companies took advantage of that face.

      - there is no problem with unions, there is a problem with government coming up with laws regarding unions, employers, employees.

      When your choice is between your privacy and feeding your family, your privacy is going to lose most of the time.

      - it is your choice. You can also find something else to do, nobody owes you anything.

      The rest of your comment is just more irrelevant nonsense.

    2. Re:Circumstances trump ideals by roman_mir · · Score: 1

      Why didn't you stay in Russia?

      - I was born in and I left the USSR, one of the most despotic countries of 20th century. Despotic. Dictatorial. Totalitarian. Why didn't I stay there? Because I am not masochistic?

  37. Re:What about friending HR? by Opportunist · · Score: 1

    Don't blame me, I voted for Kodos.

    Or, in case someone doesn't get the reference, you really think that voting for anyone else would have made any kind of difference?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  38. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Some would argue that the constitution ceased to function properly during either the days of FDR or Abe Lincoln and has never been right since. Take your pick over who you'd like to blame more.

  39. Re:What about friending HR? by Tastecicles · · Score: 1

    Wow, someone else who sees it for what it is?? Am I hallucinating??

    I for one, welcome our six-digit apex libertarian overlords...

    --
    Operation Guillotine is in effect.
  40. If you don't tell them you are on Facebook... by broknstrngz · · Score: 1

    ... how do they know you are? Well, if your profile is public, then you deserve it, moron.

  41. Don't need username/password by Anonymous Coward · · Score: 1

    Just find out the URL to their profile before hiring and inform them that "in order to be considered, you will need to Friend ".

    Then HR just reads all the wall stuff they want.

  42. Draw the line by markdavis · · Score: 2

    >"We must draw the line somewhere and define what is private,"

    And yet it is perfectly legal for an employer to demand fluid samples from an employee and test for whatever legal or illegal substances they choose. And in some states and fields, it is
    even REQUIRED.

    Same thing with a criminal background check. And others even run credit reports, with the assumption that someone with bad credit is a bad person or someone that is going to steal from the company. And others require physicals to gather health status information.

    No probable or even remote cause needed in any of the above cases. So, yeah, demanding a social network password is certainly crossing the line, but there are plenty of other lines that are have already been crossed.

  43. How can this not be legal? by taxman_10m · · Score: 1

    Your employer has veto power over what your health insurance covers, but asking for your Facebook password is too far? I'd love to hear what the Republicans in Congress say on this.

    1. Re:How can this not be legal? by Tancred · · Score: 2

      I'd love to hear what the Republicans in Congress say on this.

      Well, there were 184 votes in favor of the amendment banning this practice. Only 1 vote was from a Republican.

  44. Great idea by Patchw0rk+F0g · · Score: 1

    I just wrote to my Member of Parliament (I'm in Canada, eh?) to recommend the same thing here. I don't have anything on my Facebook page, nor Twitter, LinkedIn, or anywhere else I'd not like someone to see (some really bad web-page designs, but they just don't go in the book. ;-P ) but NO potential employer has the right to ask for my personal information. If you can't ask if I'm a seventy-six year old gay Catholic of Scottish extraction, you can't ask for this either... and if you do, I'll be spinning you on my upraised finger as I walk out of your door.

    --
    When the going gets weird, the weird turn pro. ~~ Hunter S. Thompson
  45. How to Make it Sail Through Congress by Timtimes · · Score: 4, Funny

    Attach a rider that further deregulates the banks. Enjoy.

    --
    This ain't no upwardly mobile freeway This is the road to hell
  46. Feed Those Babies by glorybe · · Score: 2

    This legislation is designed to sooth those who whine about privacy while doing absolutely nothing. Most employers will use professional information services that compile a report based upon facts acquired in various data bases. You do not know where the data bases are or how the searches are performed you simply read a compiled report. If some of that data was from Face Book you would never know it. Secondly if an employer directly accesses Face Book simply avoiding using the business computer may make a complaint next to impossible. A response such as "My secretary seems to have looked up the guy's Face book posts as she seemed to have an interest in dating him." might be enough to dump the rather large cost of a failed law suit right on the job applicant. If the secretary did this from her home PC how could the business be liable? So all we have here is a hollow, feel good, pacifier, created to sooth a few people.

  47. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Abe Lincoln - more like president butinksi

  48. umm by buddyglass · · Score: 1

    I'm not in favor of employers (or colleges) demanding login credentials, but this bill seems like a fairly hysterical reaction to what is, in all honesty, a pretty rare practice. Given the ubiquity of social networking is this not something the market can sort out? I know I'd walk right out the door if a potential employer ever demanded my credentials (or even that I friend them).

    1. Re:umm by Ksevio · · Score: 1

      Well, it'd be better to catch it early, rather than wait for it to be widespread, in which case people would be saying "It's common practice, everyone does it routinely".

    2. Re:umm by buddyglass · · Score: 1

      At which point I'd just cancel my FB account. Basically FB would cease to exist before it came to that point.

  49. Right to Privacy by Doc+Ruby · · Score: 3, Interesting

    People have a right to privacy. The Federal government has recognized it since the Constitution created the government: "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is to have privacy. Our privacy defines what is private vs what is public.

    Not only does the government of the US have no legitimate power to violate that privacy right, but neither does anyone else. It's our right. And we create governments like the US Federal government to protect that right, among others. Protect it from governments, individuals and corporations.

    This boundary should be the most fundamental and obvious fact in the US, but it's not, since the enemies of privacy have steadily gained so much power. We need a new Constitutional amendment that spells out the privacy right and goverment's obligation to protect it from all enemies, public and private. It must say that "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is to have privacy that the government may not violate and must protect except as provided in the Constitution.

    --

    --
    make install -not war

    1. Re:Right to Privacy by diamondmagic · · Score: 1

      Um, the Constitution only applies to the government. The Constitution only says what the government is allowed to do, not what it must do on behalf of the people, or what the people must do. No amendment can change that. Private individuals cannot violate your "right to free speech" or your "right to privacy" save physically forcing you to (and even then, they're not violating the constitution, they're taking action that the government may lawfully intervene in to protect your rights). The "right to privacy" doesn't mean people can't ask for your passwords, it means they can't physically force you to give it up (you know, under threat of violence or whatnot). Facebook already asks for your passwords for other accounts, by the way!

    2. Re:Right to Privacy by Doc+Ruby · · Score: 2

      Er, we have a right to privacy. We created a government to protect our rights. The Bill of Rights does explicitly instruct the government not to violate some rights, because the new government was a new kind of government. But rights aren't selectable to whom they're violable. Rights are rights, not merely exemptions from government powers.

      Which you acknowledge when you agree that people can't force you to give up your passwords. Of course they can ask you: they have the right to free speech, after all. It's the right to refuse their request that is our right to privacy. And we need to make it harder for our government to ignore its power and obligation to protect that right.

      Because the people who have too much power over the government, and through it over people, have perverted government power. They've created a "conventional wisdom" that there's no right to privacy in the Constitution. Of course most of these tools insist there's no separation of church and state in the Constitution: they're liars, useful idiots backed by skilled professionals concocting these attacks on our rights. The idea that the government's power extends to only government activity would prevent the government from regulating any private activity, and that's obviously a recipe for corporate anarchy and person-to-person lawlessness that has never been part of the American way. The Constitution prescribes all kinds of powers over non-government action. Protecting the boundaries of our privacy is just one part of what we suffer the burdens of government for.

      --

      --
      make install -not war

  50. Re:What about friending HR? by bsane · · Score: 1

    Which I'm sure is the point. People forget everything they post is viewable by the government and even local law enforcement, but when employers start demanding passwords and going through the 'frontdoor' it reminds everyone how public their data is. That may reduce the usefulness of FB to the government, hence the ban.

  51. Loophole by Stormy+Dragon · · Score: 1

    Of course, even if this law passes, the company just claim it's for cybersecurity purposes and, under the terms of CISPA, just ignore the privacy protections in this law.

  52. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Heheheh.

    What is the Kolmogorov complexity of a completely unambiguous set of laws that decide on all matters that people want them to decide on?

    Reflect on that, and then ask yourself, what is the Kolmogorov complexity of the laws provided that they are allowed to take human decisions on certain key matters as inputs?

    Disambiguating the law isn't something that we have the resources to do.

  53. republicans will kill it by Anonymous Coward · · Score: 0

    since they believe that job creators are lords and should have supreme rights over the peasants i.e. you

  54. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  55. Re:What about friending HR? by AngryDeuce · · Score: 1

    The two-party system has the entire country locked into the Prisoner's Dilemma. We don't vote for the candidate we want, we vote for the opposite of the candidate we don't want, just as those two prisoners will fuck each other even though cooperation would result in freedom for them both.

    For the record, some don't even believe Bush won the election in 2000 at all. Regardless of what you believe there, I'm betting most people in this country would agree we need some serious election reform in this country (and especially campaign finance reform) but that's just not going to happen as long as the people that make the laws benefit from the way the laws are currently set up. We'd probably be better off if we selected our representatives at random via lottery, but that's obviously never going to happen.

  56. Re:What about friending HR? by AngryDeuce · · Score: 2

    I'm not going to give Lincoln too much shit over his increase in federal powers. The "States Rights" argument was just a bullshit way of saying "We want to continue enslaving people, and you have no right to tell us no".

    Whatever Lincoln's true motivations were for freeing the slaves, if ever there was a justifiable reason for an increase in federal power, that would be one. If he hadn't been assassinated, Reconstruction likely wouldn't have been the huge bag of shit it turned into, and the following hundred years of Jim Crow and the Klan in the south would likely never have occurred (certainly not to the degree that it did).

  57. Re:What about friending HR? by AngryDeuce · · Score: 1

    We all know they shouldn't be, but they're going to anyway, whether it's legal or illegal. The days of having a separate private life are over in this increasingly 24/7 work environment.

    Discrimination is one of those things that pretty much impossible to prove unless it's egregious. Even if a lawsuit is justified, many lawyers won't touch a discrimination case with a 10-foot pole. Plus, discrimination in itself requires the victim to be in a "protected class", which is why all the assholes posting job openings with "Long-term unemployed need not apply" can get away with their shit. Unemployment is not a protected class, therefore, an employer has every right to discriminate against you there. Neither is participation in social media. Neither is political persuasion, which how employers here in Wisconsin are getting away with checking potential applicants against a database of recall petition signers, because they don't want to hire people supportive of unions (in the words of one assho^H^H^H^H^Hgentlemen, who chose to remain anonymous of course, "this makes it easy to see who the parasites are").

    I don't participate in social media much (outside of commenting on websites like this, which are obviously not tied to my real name in any way), and I'm lucky in the fact that my name is about as common as 'John Smith', plus there are professional athletes, musicians, and actors that have the same name also, so any potential employer trying to Google me is going to come up with about a billion garbage results before they get around to something that could actually be tied to me (I tried myself just to see and made it 20 pages in before I gave up). It allows me to kind of hide in plain sight, and that's just fine with me. If an employer truly wishes to discriminate against me for a lack of a window into my personal life, I rationalize it by recognizing that I would not want to work for an employer that does that shit, anyway.

  58. Re:What about friending HR? by Ronin+Developer · · Score: 3, Insightful

    Yes, it was called work for a reason. Yes, people actually spent time talking to people looking for someone who could truly contribute.

    Today, HR hides behind algorithms and software that supposedly screen a candidate before a human ever speaks with them. So much for the "Human Relations" side of things. They utilize recruiters who pre-screen. Those same recruiters are in it to make a profit based on either their contracting rates (less they can pay you the better) or percentage of the salary of the person hired (higher the better). Just the other day, I received three emails for the same position. Each one specified a different duration and offered rates that varied from $60/hr up to $80/hr - W2. WTF? All were from offshore firms, BTW.

    It doesn't matter if the individual has the knowledge, experience, motivation and personality to improve your company and make it a better place any longer. If your resume isn't in the right format or you don't use the latest and most correct keywords or you put dates that can help narrow down your age as being older than dirt, your application goes into the bit bucket. It's a numbers game, pure and simple. And, may the Lord help you if you are unemployed - those systems identify you as such and that you are no longer on top of your game. You are so screwed once you get that label on you profile.

  59. Re:What about friending HR? by slashmydots · · Score: 1

    Oh, I already passed a bill for that too...by not having a facebook account. Seriously, half my tech friends don't have one because of the massive privacy, functionality safety, security, and annoyance factors. I thought we were already in the age where anyone with a brain doesn't have an account. In fact, if anyone is stupid enough to post a bunch of racist crap and them partying and drinking and mug shots of them in prison, they probably shouldn't get the job. That said, NOBODY is getting my password for anything ever so maybe they should expand it to that.

  60. 183 to 1 isn't a difference? by Tancred · · Score: 4, Informative

    Only one Republican voted for it. 183 Democrats (and Independents?) did. So there's a real difference.

    http://www.dailytech.com/Proposed+Amendment+to+Prevent+Employers+from+Asking+for+Facebook+UsernamesPasswords+Fails/article24337.htm

    If you don't look too close, you can call it bipartisan and be pissed at both parties. If you look closer, however, you see the blame falls primarily on one side of the aisle, as with this amendment. Same thing with CISPA, SOPA and PIPA.

    1. Re:183 to 1 isn't a difference? by Opportunist · · Score: 1

      If you don't look too close, tangerines and oranges look quite similar too, and they taste quite similar too. Of course if you put them to the test and look closer, you'll see a lot of very important differences. But the importance is mostly in the eyes of a botanist. As the one wanting to eat them, they taste quite similar and are, for all but a few select cases, very interchangeable.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:183 to 1 isn't a difference? by Tancred · · Score: 1

      Agreed about tangerines and oranges. But 183 is still not equal to 1. Want to try again?

  61. Re:What about friending HR? by emaname · · Score: 2

    Yeah that's kinda funny. Well no, might want to look at Obama in the last year, since he's gutted the constitution more than Bush did in 8 years.

    And your evidence would be...? I guess that's why you posted as an anonymous COWARD.

    --
    An effective "democracy" creates the illusion the people have a say in their government.
  62. Re:republicans *did* kill it by Tancred · · Score: 2

    The amendment was rejected by a vote of 236 to 184. Of the 184 yea votes only one was from a Republican. For reference, there are 242 Republicans and 190 Democrats in the House.

  63. CISPA? by Anonymous Coward · · Score: 0

    Sure, this law would be great... they will just require employers to do a formal CISPA request to access all the information about potential employees. Is that better?

  64. Re:What about friending HR? by Anonymous Coward · · Score: 0

    This is the USA. We haven't had a Constitution since 2001. 9/11 to be exact.

    It took the government of the United States of America only seven years to begin eroding the freedoms enumerated in its Bill of Rights.

    The Sedition Act was passed in July of 1798, less than seven years after the Constitutional amendments that make up the Bill of Rights came into effect in December of 1791.

  65. The government should do something! by Anonymous Coward · · Score: 0

    Why does every f*cking problem require a new law? Doesn't anyone see the connection between the fundamental philosophy of every societal problem having to be resolved by government action--and the creeping totalitarianism in the form of TSA, DMCA, etc. that most Slashdotters despise?

    Seriously, if the marketplace of competent workers simply says "no" to employer requests for this bullshit, won't they quickly stop asking rather than have their good employees walk out the door?

    One other thing: people who have financed their lifestyles with debt instead of savings are in a much weaker position when it comes to making principled choices about switching employers (or countries). That the current economic/financial system (note to leftists--not free market capitalism, but a centrally planned capitalism--fascism, we should agree) greatly incentivizes debt and literally punishes saving is no coincidence. This is a critical element of control and limitation of the freedom of action of "civilians" as our militarized law enforcement so likes to call us.

  66. Why not use the standard m/o .. by Anonymous Coward · · Score: 0

    of tacking it on as a rider to a 'must pass' bill e.g. one that increases military spending?

  67. Re:What about friending HR? by Anonymous Coward · · Score: 0

    The bill will eventually have so many extra clauses that it will fail. Someone will want to tack on their special interest to the bill.

    So I'd like to see a bill that states the bill as written, and put for vote, is the bill. No additions or subtractions, that goes in another bill.

    Then this bill will have a greater chance of passing.

  68. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Yeah that's kinda funny. Well no, might want to look at Obama in the last year, since he's gutted the constitution more than Bush did in 8 years.

    Parent didn't mention Bush. You did. Which makes you stupid. Not only are you stupid for assuming he blamed Bush, you totally overlooked the fact that PATRIOT passed with veto proof majority in both houses. Not only are you stupid, but whoever modded you up is also stupid. So please, take George Bush's cock out of your mouth *before* you fire off a post. Please.

  69. who? by Massacrifice · · Score: 1

    The question remains : who is Bill Banning?

    --
    -- Home is where you eat your heart out.
  70. So... by deesine · · Score: 1

    should == we need a law huh?

    Where do we draw the line: that companies can't call so and so about your past, can't look here, can't look there? If you're putting personal info where every single person in the world can view it, then why should that info be off limits to potential employers? I know I know, accessing said info and requesting id/pwd is the line, right?

    --

    --
    damaged by dogma
  71. Re:What about friending HR? by sjames · · Score: 1

    Or even that it is you. I once tried to look up an old friend. I found someone with the same name, same interests and hobbies, the right age, the same odd sense of humor, the same job living in the same city. When I finally ran across a picture, it was someone else.

  72. Re:What about friending HR? by pixelpusher220 · · Score: 1

    For the record Bush didn't get as many actual nationwide votes as Gore, but since we have the electoral college instead (not a bad thing) he got more votes there. Had Gore actually contested and recounted the *entire* state of Florida, he would have won. But since he only contested certain districts once those were counted, he would still have lost electoral college wise even without the SCOTUS getting involved.

    --
    People in cars cause accidents....accidents in cars cause people :-D
  73. Re:What about friending HR? by Solandri · · Score: 1

    The disenfranchisement of third parties is just a symptom. The cause is our one vote, plurality wins election system. It's been mathematically shown to gravitate towards two parties.

    The fix is any host of alternative election systems. While no system is perfect, most are better than one vote, plurality wins. One of the simplest to implement is instant run-off.

  74. You can always give them a fake FB account. by master_p · · Score: 1

    Just create an empty facebook account with your real name, and nothing else in it, and tell them you do not use facebook that much.

    And, to add autheniticy to it, just create some fake posts to neutral news items (e.g. how my cat woke me up this morning, etc).

  75. Re:What about friending HR? by moeinvt · · Score: 3, Informative

    Lincoln invaded the South to preserve the union, not to "free the slaves". The war began in April 1861. The Emancipation Proclamation wasn't issues until January 1863. Furthermore, the proclamation applied only to the states that were part of the Confederacy, There were still border states where slavery was legal and they were unaffected. In addition, any confederate state willing to re-join the union was also promised an exemption.

    Other nations managed to eradicate slavery without a bloody civil war. It was clearly the bitterness engendered by armed conflict and the North's attempts to basically rub the South's face in their defeat that perpetuated racial hatred in the country.

    State powers are enshrined in The Constitution. The Southern states had a very valid legal argument.

    The unfortunate fact is that when people bring up the issue of state powers and the 10th Amendment these days, the absurd counter-argument is that rolling back federal power-grabbing means that South Carolina could and would re-institute slavery.

  76. How about them apples? by thoughtlover · · Score: 1

    Perhaps every member of Congress should make their Facebook password freely available to their employers, aka, the general public.

    --
    No sig for you! Come back one year!
  77. Re:What about friending HR? by Anonymous Coward · · Score: 0

    Well, we actually haven't had a constitution since Lincoln. And before that, assault on the Constitution began with Alexander Hamilton.

  78. This is silly and serious by Anonymous Coward · · Score: 0

    Serious because the US Government is Evil and Dangerous to the entire population of the world. There is no honor among thieves.

    Silly because AT&T, Google, the NSA... but I repeat myself... I mean G-mail... Hello.. Government Mail. Google has a sweet deal with the NSA. All that data, all those twitter tweets, linkedin, etc etc...

    This facebook rule amounts to anti-competitive anti-privacy. All the crony corporations that write the rules for the rest of us, small business, et al, already have back-door access to our online data- in fact cispa is recognition of that well after the fact.

    If you are a lowly small business- sure if this passes you would be locked out... but the big guys have the access- this law will not stop them- and no they will not be successfully sued. The government recently gave crony telecoms a pass on all lawsuits of people who are snooped on by the government- because they knew there was already a queue of lawsuits from people being snooped on due to the impotent cooperation of telecoms that give a rats ass for our 4th amendment protection (what a knee slapper...4th amendment...)

    All the liberals who care about civil liberties... if only the government would protect us! Asking Pure Evil to protect you is completely senseless.

    You don't ask favors of the enemies of liberty... you must defeat them.

  79. Big Loophole by knorthern+knight · · Score: 1

    I don't know the details of the bill, but there is a loophole that some employers are using now, and it should be banned too. The employer requires the applicant to log on to FB. Then the employer watches over the shoulder while the applicant scrolls through their timeline. Technically, they aren't asking for your password, but this loophole needs to be banned as well.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  80. Facebook will be lobbying for this bill by knorthern+knight · · Score: 1

    Facebook doesn't give a hoot about your privacy, it only cares about its own bottom line. If employers keep demanding passwords, it will hurt Facebook in two ways...

    1) People will "clean up" their FB pages and info, to make them more job-friendly. Telling lies in their info will make targetted advertising less effective. E.g. gays will list themselves as heterosexual and end up receiving ads for Playboy.

    2) Some people will decide to delete their accounts altogether, or simply not join. Fewer members means fewer eyeballs for FB to sell to advertisers.

    BTW, you are *NOT* a freak if you don't have an FB account. See http://www.socialbakers.com/facebook-statistics/ for statistics by country. English-speaking countries (US/Canada/UK/NZ/Australia) run around 50% penetration. That's number of accounts versus population, so the numbers are likely inflated. Remember that...

    a) some people have multiple accounts to help out Farmville scores. Also a "clean" job-friendly account and a "real" account

    b) sites like Freelancer.com have people buying+selling 5,000 or 10,000 "Likes". That means that some outfits have thousands of fake accounts they use for this purpose. It may not be very noticable in large countries. But in Monaco, the number of accounts is over 122% of the popolation... including infants, children under 13, and pensioners who don't know how to run a computer. Obviously inflated.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  81. Government force you to buy things all the time by sjbe · · Score: 1

    Because the Federal Government is not given the power anywhere in the constitution to tell a citizen what insurance he MUST buy with HIS money.

    This is an argument based on a false distinction. There is no logical difference between the government taxing me and using that money to buy an insurance versus the government forcing me to contribute directly to buying insurance. Either way it is a tax even if for political reasons you choose to call it something else. The fact that it doesn't go into a Treasury department bank account is irrelevant. The government already has the power to tax and taxes can come in many forms. This is just one more form of taxation.

    Just in case that wasn't clear enough try this example. The government taxes me and buys airplanes for the military. I as a taxpayer effectively have purchased a share of that airplane. It would be NO different if the government forced me to send a check directly to Boeing for the same amount to pay for a share of that airplane. I'm still forced by a duly elected representative body to send a portion of my money to a third party. The only difference is the government doesn't handle it along the way. Saying the government doesn't force you to buy things is a load of baloney. They do it all the time and it is perfectly legal.

    Edge cases affecting a vanishingly small part of the population of the US.

    You are calling the number of people affected by the Uniform Code of Military Justice a "vanishingly small part of the population"? Curious definition of "small" you have there. We're talking about many millions of people who are covered under those laws. Anyway the point was that you claimed that "the laws against murder are all state laws" which is the bit that is plainly wrong. There are federal laws against murder. The fact that the states have them too simply makes having a redundant federal law unnecessary for certain cases.

    That article you are so fond of has no bearing on this matter.

    Spend 20 seconds looking up the term Supremacy Clause and then rethink your argument. You could not be more wrong on this point. Seriously. Stop arguing with me in public about it and go do some reading. This is an important part of the Constitution to understand. I'm trying to help you here.

    The constitution says CONGRESS shall make no law abridging the freedom of speech. Fine. So say a state makes a law abridging the freedom of speech. That does not violate the constitution in any way.

    In the event that a state makes a law that contradicts the Constitution, the Constitution takes precedence. Article Six Clause Two specifically addresses this and binds state laws to not contradict the Constitution. If the states could make whatever laws they wanted they could easily declare slavery legal again or remove the rights of women to vote within that state. The entire point of the Constitution is that it binds all levels of governments with some basic common rules. Otherwise there is no point to the document. If the Constitution does not address a specific issue then the states are free to make whatever laws the like but freedom of speech isn't one of those areas. States governments are bound the same as the Federal government in this case.