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California Employers Can't Ask For Your Facebook Password

J053 sends word that California has passed legislation making it illegal for both colleges and employers to request social media account access from students, employees, and prospective hires. "Assemblymember Nora Campos, who authored the bill, called AB 1844 a 'preemptive measure' that will offer guidelines to the accessibility of private information behind what she calls the 'social media wall.' ... According to Campos' office, more than 100 cases currently before the National Labor Relations Board involve employer workplace policies around social media. Facebook has also said it has experienced an increase in reports of employers seeking to gain 'inappropriate access' to people's Facebook profiles or private information."

37 of 363 comments (clear)

  1. Finally, a law recognizing privacy by Anonymous Coward · · Score: 4, Insightful

    Privacy is not dead, it's just losing the war.

    Take arms and fight back!

    1. Re:Finally, a law recognizing privacy by Anonymous Coward · · Score: 5, Funny

      You wrote your password down?

    2. Re:Finally, a law recognizing privacy by N0Man74 · · Score: 5, Funny

      You can have my password when you pry it from my cold, dead hand.

      And that's the problem with biometric authentication.

    3. Re:Finally, a law recognizing privacy by daem0n1x · · Score: 5, Interesting

      I find it really incredible that you Americans need a specific law for this. This is outright illegal in my country.

    4. Re:Finally, a law recognizing privacy by CanHasDIY · · Score: 5, Informative

      I find it really incredible that you Americans need a specific law for this. This is outright illegal in my country.

      Yea, well, technically it's illegal here thanks to the 4th, 5th, and 6th Amendments to our Constitution. Thing is, apparently corporations are exempt from following the law.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Finally, a law recognizing privacy by __aaltlg1547 · · Score: 3, Insightful

      It can only be illegal if there is a specific law. Lacking that, the proper response is to laugh in the face of the interviewer asking such a question. Then tell them, "I don't know YOU. Even my MOTHER doesn't get access to my social media accounts! I don't want to work for s company that has no concept of appropriate privacy and security."

    6. Re:Finally, a law recognizing privacy by Applekid · · Score: 5, Insightful

      Those constitutional amendments limit the power of the government, not private industry.

      But either way, you're right, because the government routinely ignores them anyway.

      When I see folks from other countries baffle at the madness going on here, I wish they could understand the US citizenry was tricked and had their country taken over by power-hungry demagogs for the last 100 years (well, 99 years this December), and that we're simply powerless to stop the machine at this point.

      --
      More Twoson than Cupertino
    7. Re:Finally, a law recognizing privacy by defaria · · Score: 4, Funny

      My Facebook password is "Fuck you - I'll find work with another company who is not a fucking asshole!". I know, I know. Kinda long but I'm security conscious!

    8. Re:Finally, a law recognizing privacy by Dog-Cow · · Score: 4, Informative

      Technically you are utterly ignorant. The Constitutions, along with its amendments, applies to the (Federal) Government, not to private corporations or individuals. So, no, an employer asking for your Facebook password is not and cannot be violating the Constitution.

    9. Re:Finally, a law recognizing privacy by rwv · · Score: 4, Insightful

      That sounds like the exact opposite of what it means.

      War is Peace, Freedom is Slavery, Ignorance is Strength.

    10. Re:Finally, a law recognizing privacy by iluvcapra · · Score: 5, Funny

      The SHA1 of that is 3daf4cf98356e6438aaa38ccf38a77027a69db05 for you kids at home updating your rainbow tables.

      --
      Don't blame me, I voted for Baltar.
    11. Re:Finally, a law recognizing privacy by Anonymous Coward · · Score: 5, Informative

      "Right to Work" is the name of the law (in some states only) that makes it illegal for an employer to require (or prohibit) union membership as a condition of employment.
      Unions and their political allies don't like this, because they want to be able to strongarm employers into signing closed shop agreements.
      On the other hand, exploitive employers do like it.
      I think I can see which side jhoegl is on, but flight attendants are unionized, right?

    12. Re:Finally, a law recognizing privacy by SuricouRaven · · Score: 5, Informative

      In full, it means 'right to work regardless of union membership.' It refers to laws which prohibit businesses from requiring union membership as a condition of employment, which many unions do otherwise demand as a means to secure their own influence. Advocates of such laws argue that they are needed to prevent a union from effectively taking control of a company by dictating hireing practices. Opponents argue that they serve only to undermine the power of unions by ensuring that if there is a strike, the employer can simply fire everyone and hire new workers.

    13. Re:Finally, a law recognizing privacy by Jessified · · Score: 3, Interesting

      In BC, you can opt not to join the union, but you still have to pay the equivalent of the dues to a charity of your choice. The point being that the decision to not join a union should be one of personal belief rather than monetary.

    14. Re:Finally, a law recognizing privacy by eugene+ts+wong · · Score: 5, Funny

      He probably did, or maybe he tattooed them onto his knuckles, or maybe he's talking about some kind of sign language.

      It's hard to visualize without a car analogy.

  2. wow by daenris · · Score: 3, Insightful

    If a business I worked for or was interviewing at asked me for my passwords to anything not work related, I wouldn't be working there anymore.

    1. Re:wow by realsilly · · Score: 5, Insightful

      Some people don't have a choice, they need the work.

      --
      Life takes interesting turns, but the most interest is when you're off the beaten path.
    2. Re:wow by kiriath · · Score: 3, Insightful

      What ever happened to "Give me liberty, or give me death"

      People too often just go with the flow, allowing themselves to be trampled by corporations and government. No one willing to take a stand for what is right and just.

      I applaud the decision. (To make it illegal)

      I am appalled by the problem.

    3. Re:wow by Anonymous Coward · · Score: 3, Insightful

      Gotta love the armchair rebels who belittle people for making practical decisions. It's easy to do so from down in mommy's and daddy's basement.

    4. Re:wow by realsilly · · Score: 4, Interesting

      Some people don't have a choice, they need the work.

      I personally don't agree with the practice and to a degree, I misspoke.

      A person always has a choice, but many people will let go of information about themselves for purposes that are their own. Many people who are unemployed and are desperate for work will happily give up that info just for the chance at work.

      Many people are good and decent people found in horribly hard times and need the work to support themselves and their family, so they are willing to provide the info for they may feel it's their only chance.

      I find the practice deplorable by corporations and I personally would rather walk away from the opportunity of work, but I'm not in that situation and haven't been faced with it.

      --
      Life takes interesting turns, but the most interest is when you're off the beaten path.
    5. Re:wow by Archangel+Michael · · Score: 4, Interesting

      The problem with "probable cause" is that there are too many "laws" that outlaw things that shouldn't be outlawed. Crime is what causes harm to others, and carrying a joint is not causing harm to others, period. Smelling like Marijuana is not "probable cause" that a crime has been committed. "Looking Suspicious" is not a crime.

      Crime Prevention is, quite frankly, the road to tyranny. Want to "prevent crime"? Start by removing laws criminalizing things that cause no harm to anyone else, all those "crimes" will now disappear. Then, step up REAL punishment of criminals. Don't just lock them up in a comfy prison, make prison a horrible place to be. Make the prisoners earn their probation by working at jobs nobody else wants to do. Screw the panty waist "cruel and inhumane" designation for anything that doesn't cause real pain. Put tents up in the desert and a barbwire fence and call it good. If our Troops can live in that condition, then our prisoners can too.

      THEN we'll have a handle on crime.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  3. I can't even believe it has to be clarified by franciscohs · · Score: 4, Interesting

    Really, I live in a (arguably) much less "free" country and I couldn't imagine anyone would ask something like this as a requirement for hiring.

    What kind of idiot asks this?, what kind of idiot accept it?

    1. Re:I can't even believe it has to be clarified by Rob+the+Bold · · Score: 5, Funny

      what kind of idiot accept it?

      The kind that desperately needs or needs to keep a crappy job in a crappier economy in an even crappier place he can't leave since the housing market went to crap. Or as we prefer to say: "the perfect employee".

      --
      I am not a crackpot.
    2. Re:I can't even believe it has to be clarified by TheGratefulNet · · Score: 3, Insightful

      You aren't going to starve without a job

      nice denialist.

      come spend time in any major city and see the homeless.

      in the bay area, some homeless were even IT people that got pushed out of their jobs.

      btw, as a person, YOU SUCK. you have less compassion than a shark. I hope - and I really do - you find yourself blacklisted and jobless someday. and I hope you have to borrow $2 for a tin of tuna to eat that day.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:I can't even believe it has to be clarified by jareth-0205 · · Score: 4, Insightful

      So get one at a company that doesn't do this. Most (the overwhelming majority of) companies do NOT ask for your FB password. Pick one of those. If everyone does, the companies that ask for FB passwords will either go out of business or change their policy.

      I changed jobs about 5 months ago, interviewed at 6 companies, and was never once asked for a FB password. It isn't that hard to find a job at a company that doesn't do this.

      People need to grow a fucking backbone.

      What the hell is wrong with you? Is it really so impossible for you to imagine not everyone is in the same position as you? There simply aren't enough jobs to go around, and some people around the bottom of the pile are in the position of supporting a family, bills, etc and have very limited options.

  4. Tell them to contact FB and pound sand by Anonymous Coward · · Score: 5, Informative

    FB users make a legally binding agreement not to share their passwords as part of the ToS for having a FB account.

  5. Federal version was voted down by recoiledsnake · · Score: 5, Informative

    The federal version was voted down in the House by the Republicans.

    http://www.huffingtonpost.com/2012/03/27/facebook-password-protection-amendment-congress_n_1384045.html

    --
    This space for rent.
    1. Re:Federal version was voted down by Anonymous Coward · · Score: 3, Informative

      Appropriately so, this kind of thing should be handled at the state level. The federal government should only be concerned with interstate commerce, international policy, etc. States handle everything else.

  6. Head shaking moments by tnk1 · · Score: 5, Insightful

    What I don't understand is why employers even think this is reasonable. Yes, yes, I know, corporations bad, but corporations are still made up of humans and you would think some of those humans would understand that this is overreaching into people's private lives.

    I don't see what someone's social media accounts have to do with their ability to work. Sure, they may party hard, or bad mouth their employers, but it's not exactly uncommon and it's not going to stop just because people don't put that on their FB account.

    I suppose I am not surprised that someone would try this, what I am more surprised about is that they have gotten this far with it. Forcing people to turn over personal information should be something that a corporate legal department knows is going to get them in legal hot water.

  7. Premature Celebration by DERoss · · Score: 3, Informative

    The celebration over AB 1844 is premature. Governor Brown has not yet signed it.

  8. I would ask a potential employee for this... by MadCow42 · · Score: 4, Interesting

    And if they actually agreed, I wouldn't hire them (and I wouldn't actually let them give it to me). If they can be so easily coerced into sharing confidential information and giving up their rights, they don't have the backbone I expect in my employees.

    Now, in my job people are given significant authority and responsibility that needs to be safeguarded, so that's a real concern. In other jobs maybe that's not a criteria for hiring decisions.

    MadCow.

    --
    I used to have a sig, but I set it free and it never came back.
    1. Re:I would ask a potential employee for this... by SecurityGuy · · Score: 3, Insightful

      This is one of those things that sounds like a good idea, but isn't.

      Here's why.

      There is probably real and tangible damage that would occur if someone disclosed confidential information on your company. There may or may not be if they disclose their social media profile information to you. It's really not for YOU to assign a value to THEIR resources any more than it is for THEM to assign value to YOURS.

      Your test is also not one of backbone at all, but one of perceived value and desperation. As I said, you may be asking them to give up something they don't value, so they don't mind doing it. Not just perceived, but actual, in many cases. I have older relatives whose facebook profiles are barren. They almost never log in and have 8 friends who also almost never log in. They could post their login and password to the world and not actually lose anything. You may also be interviewing someone who desperately needs to bring some money in to keep a roof over their heads or feed their kids. Everyone has a backbone when the cost of stiffening it is low. Everyone has a point when they have to bend. I will NOT give you my facebook password...unless it's the difference between my kids eating or not. I will NOT give up my right to free speech...but I might shut up now and speak later if you're going to shoot me.

      That's actually why laws like this are good. Asking people who really need a job for information you shouldn't is implicitly coercive.

      Don't play games like this with people. You turn interviews not into true tests of what people are made of, but a silly multilevel thinking exercise where I have to figure out if you're just some jerk who doesn't respect my privacy, or someone who thinks *I* should and is just testing me. Understand that your candidates don't have a way to know which of those people you are.

  9. Needs to be broadened a bit by Todd+Knarr · · Score: 3, Interesting

    It needs to forbid not just asking for passwords from the candidate, but asking for any kind of access in excess of what an ordinary member of the public would have from anyone (the candidate, the social media site, associates of the candidate, etc.). No requiring the candidate to let you watch him viewing his profile. No asking the social media site to grant you behind-the-scenes access to candidate's profiles. No asking friends of the candidate to let you watch them view the candidate's profile. No special access, period. If the candidate is keeping it from public view, as an employer you don't get special privileges to bypass that.

    But if the candidate's dumb enough to leave it open to the general public, it's fair game. Ditto if his friends post things about him and identify him in them. Though if you trust things other people say about him and they turn out to be false you don't get to avoid any liability that'd attach to that either, so you may not want to go trusting the unsubstantiated word of random people you find on the Internet.

  10. Re:How is this possible by TheGratefulNet · · Score: 3, Insightful

    this is why we need unions.

    corporations were being somewhat tolerable after the union days, 50-100 yrs or so ago. things go measurably better; pretty much for all of society.

    we have fallen backward, though; and we need to restart the fight for employee rights.

    if the republicans have their way, they'll make us all slaves. we cannot allow this trend to continue. please! this is breaking the backs of the working man.

    just another example of unrestrained corp power over the common man.

    --

    --
    "It is now safe to switch off your computer."
  11. Re:How is this possible by YrWrstNtmr · · Score: 3, Informative

    When many people live in states with no right to work the employer can easily let you go and make up a reason to get you denied unemployment.

    As many do, you are confusing 'right to work' with 'at will'.

    Right to work involves not being forced into a union as a condition of employment at a certain place.
    At will mean a) they can fire you, just because, and b) you can quit, just because.

  12. Re:Even easier... by partyguerrilla · · Score: 4, Insightful

    This, if you don't own a facebook account nowadays, you're clearly a terrorist pedophile serial killer mime who hates freedom.

  13. Re:Even easier... by ktappe · · Score: 3, Informative

    ...I figure yet another reason not to have a Facebook account....bypasses the problem (and many other privacy issues) entirely.

    Except not having a FB account at all is apparently reason for employers to reject you now. Seriously. http://www.forbes.com/sites/kashmirhill/2012/08/06/beware-tech-abandoners-people-without-facebook-accounts-are-suspicious/

    --
    "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007