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General Category => Off the Record => Topic started by: jimmy olsen on March 06, 2012, 07:33:37 AM

Title: State agencies, colleges demand applicants' Facebook passwords
Post by: jimmy olsen on March 06, 2012, 07:33:37 AM
Totally fucked up!  :mad:

http://redtape.msnbc.msn.com/_news/2012/03/06/10585353-state-agencies-colleges-demand-applicants-facebook-passwords
QuoteState agencies, colleges demand applicants' Facebook passwords
By Bob Sullivan

If you think privacy settings on your Facebook and Twitter accounts guarantee future employers or schools can't see your private posts, guess again.

Employers and colleges find the treasure-trove of personal information hiding behind password-protected accounts and privacy walls just too tempting, and increasingly, they are demanding full access from applicants and students.

In Maryland, job seekers applying to the state's Department of Corrections have been asked during interviews to log into their accounts and let an interviewer watch while the potential employee clicks through wall posts, friends, photos and anything else that might be found behind the privacy wall.
Previously, applicants were asked to surrender their user name and password, but a complaint from the ACLU stopped that practice last year. While submitting to a Facebook review is voluntary, virtually all applicants agree to it out of a desire to score well in the interview, according Maryland ACLU legislative director Melissa Coretz Goemann.

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Student-athletes in colleges around the country also are finding out they can no longer maintain privacy in Facebook communications because schools are requiring them to "friend" a coach or compliance officer, giving that person access to their "friends-only" posts. Schools are also turning to social media monitoring companies with names like UDilligence and Varsity Monitor for software packages that automate the task. The programs offer a "reputation scoreboard" to coaches and send "threat level" warnings about individual athletes to compliance officers.

A recent revision in the handbook at the University of North Carolina is typical:

"Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team members' social networking sites and postings," it reads. "The athletics department also reserves the right to have other staff members monitor athletes' posts."

All this scrutiny is too much for Bradley Shear, a Washington D.C.-lawyer who says both schools and employers are violating the First Amendment with demands for access to otherwise private social media content.

"I can't believe some people think it's OK to do this," he said. "Maybe it's OK if you live in a totalitarian regime, but we still have a Constitution to protect us. It's not a far leap from reading people's Facebook posts to reading their email. ... As a society, where are we going to draw the line?"

Aside from the free speech concerns, Shear also thinks colleges take on unnecessary liability when they aggressively monitor student posts.

"What if the University of Virginia had been monitoring accounts in the Yeardley Love case and missed signals that something was going to happen?" he said, referring to a notorious campus murder. "What about the liability the school might have?"

Shear has gotten the attention of Maryland state legislators, who have proposed two separate bills aimed at banning social media access by schools and potential employers. The ACLU is aggressively supporting the bills

"This is an invasion of privacy. People have so much personal information on their pages now. A person can treat it almost like a diary," said Goemann, the Maryland ACLU legislative director. "And (interviewers and schools) are also invading other people's privacy. They get access to that individual's posts and all their friends. There is a lot of private information there."

Maryland's Department of Corrections policy first came to light last year, when corrections officer Robert Collins complained to the ACLU that he was forced to surrender his Facebook user name and password during an interview. The state agency suspended the policy for 45 days, and eventually settled on the "shoulder-surfing" substitute.

"My fellow officers and I should not have to allow the government to view our personal Facebook posts  and those of our friends just to keep our jobs," Collins said to the ACLU at the time.
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Agency spokesman Rick Binetti confirmed the new policy, but wouldn't comment on it or the proposed law which may ban it.

It's easy to see why an agency that hires prison guards would want to sneak a peek at potential employees' private online lives. Goemann said that prisons are trying to avoid hiring guards with potential gang ties -- the agency told the ACLU it had reviewed 2,689 applicants via social media, and denied employment to seven because of items found on their pages.

"All seven of these individuals' social media applications contained pictures of them showing verified gang signs (signs commonly known to law enforcement which are utilized by gangs)," the Department of Corrections told the ACLU  in response to questions it asked about the program. It stressed the voluntary nature of social media inspection, noting that five of the 80 employees hired in the last three hiring cycles didn't provide access.

For student athletes, though, the access isn't voluntary. No access, no sports.

"They're saying to students if you want to play, you have to friend a coach. That's very troubling," said Shear, the D.C. lawyer.  "A good analogy for this, in the offline world, would it be acceptable for schools to require athletes to bug their off-campus apartments? Does a school have a right to know who all your friends are?"

There have been many high-profile embarrassing moments born of the toxic combination of student-athletes and Twitter. North Carolina defensive lineman Marvin Austin tweeted about expensive purchases on his account two years ago, then became subject of an NCAA investigation about improper conduct with a player agent. The incident led, in part, to the school's aforementioned aggressive social media policy.

So it's not surprising that many schools want to keep a careful eye on what students are posting online.

But avoiding an uncomfortable moment is not a good enough reason to squash free speech, Spear says. Plenty of settled case law in the U.S. sides with students' rights to express themselves publicly, he said, including numerous cases involving student newspapers.  Public displays of protest are also protected: A landmark 1969 Supreme Court decisions known as Tinker vs. the Des Moines School District said school officials couldn't prevent students from wearing armbands protesting the Vietnam War as long as they weren't inciting violence.

Colleges have legitimate concerns about the things students post on social media accounts, but they should "deal with that issue the way they deal with everything else. They should educate," Shear said.

"Schools are in the business of educating, not spying," he added. "We don't hire private investigators to follow students wherever they go. If students say stupid things online, they should educate them ... not engage in prior restraint."

Goemann also noted that the rush to social media monitoring raises an often overlooked legal concern: It's against Facebook's Terms of Service.
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"You will not share your password ... let anyone else access your account or do anything else that might jeopardize the security of your account," the site says in its policies.

Frederic Wolens, a Facebook spokesman, wouldn't comment on the Maryland legislative proposals, but he said many of these school and employer policies appear to violate the site's terms.

"Under our terms, only the holder of the email address and password is considered the Facebook account owner. We also prohibit anyone from soliciting the login information or accessing an account belonging to someone else," he said in a statement to msnbc.com. Wolens said Facebook has yet to take a position on collegiate social media monitoring.

Social media monitoring on colleges, while spreading quickly among athletic departments, seems to be limited to athletes at the moment. There's nothing stopping schools from applying the same policies to other students, however.  And Shear says he's heard from college applicants that interviewers have requested Facebook or Twitter login information during in-person screenings.

The practice seems less common among employers, but scattered incidents are gaining attention from state lawmakers. The blog Tecca.com last year showed what it said was an image of an application for a clerical job with a North Carolina police department that included the following question:

"Do you have any web page accounts such as Facebook, Myspace, etc.?  If so, list your username and password."

And the state of Illinois has followed Maryland's lead and is considering similar legislation to ban social media password demands by employers.

But Shear says a patchwork of state laws isn't good enough when the stakes are this high.

"We need a federal law dealing with this," he said. "After 9/11, we have a culture where some people think it's OK for the government to be this involved in our lives, that it's OK to turn everything over to the government. But it's not. We still have privacy rights in this country, and we still have a Constitution."
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: CountDeMoney on March 06, 2012, 07:35:29 AM
Fuck you, Timmay.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Razgovory on March 06, 2012, 07:39:51 AM
People would find my Facebook very boring.  Shit, Tim can look at it right now, and he'll find it very boring.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: 11B4V on March 06, 2012, 07:41:16 AM
they need to have the fed govt do this too.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Razgovory on March 06, 2012, 07:46:31 AM
Quote from: 11B4V on March 06, 2012, 07:41:16 AM
they need to have the fed govt do this too.

They can do it as well for all I care.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HisMajestyBOB on March 06, 2012, 07:48:44 AM
As long as they keep their big government noses out of my diary!  :mad:
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Darth Wagtaros on March 06, 2012, 07:51:36 AM
I believe the Constitutional right to privacy has long been debated vis a vi as to whether or not it actually exists.  Privacy is not guaranteed.  And these people are not being forced to give out passwords, they are doing it voluntarily to get a job.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: The Brain on March 06, 2012, 07:57:36 AM
So I won't be able to get a job in America? Good to know.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Razgovory on March 06, 2012, 08:07:17 AM
Quote from: Darth Wagtaros on March 06, 2012, 07:51:36 AM
I believe the Constitutional right to privacy has long been debated vis a vi as to whether or not it actually exists.  Privacy is not guaranteed.  And these people are not being forced to give out passwords, they are doing it voluntarily to get a job.

I don't think it actually exists.  At least not in the Constitution.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Ed Anger on March 06, 2012, 08:39:11 AM
Gay Fox just creamed his pants. He likes being nosy.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: mongers on March 06, 2012, 09:03:19 AM
I wouldn't want to be employed by any organisation that Orwellian.

Then again if it were that extreme, maybe I should get a job with them.  :ph34r:
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Martinus on March 06, 2012, 10:34:26 AM
I know that the US is not the most fucked up country in the world, but they definitely get the prize for being able to come up with new fucked up shit on a constant basis. This is just mind boggling, especially when it comes to colleges and private employers (I would probably allow it for government jobs requiring security clearance as they already run extensive background checks on applicants).  :lol:
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Malthus on March 06, 2012, 10:38:42 AM
As long as they don't get on Languish ...  :ph34r:
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: The Brain on March 06, 2012, 12:34:12 PM
There are a couple of reasons why I never talk on Languish about details regarding my work.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HVC on March 06, 2012, 12:47:00 PM
Quote from: The Brain on March 06, 2012, 12:34:12 PM
There are a couple of reasons why I never talk on Languish about details regarding my work.
how many nuclear site are there in sweden? :unsure:
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: crazy canuck on March 06, 2012, 12:47:15 PM
Recently the NDP party in this province required all candidates running for the leadership of the party to hand over all their passwords to social media so that they could be properly vetted.  One of the candidates complained to the Privacy Commissioner (our provincial watch dog on such matters) and won.

However, as a pratical matter most people are not careful enough about their privacy settings on Facebook etc that prospective employers etc can get most of what they want without needing the passwords.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: garbon on March 06, 2012, 12:48:49 PM
If this was an issue, just delete the account.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: crazy canuck on March 06, 2012, 12:52:25 PM
btw wasnt it Hortland who had to stop posting here because he wanted to run for political office in Sweden?
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: The Brain on March 06, 2012, 12:55:54 PM
Quote from: HVC on March 06, 2012, 12:47:00 PM
Quote from: The Brain on March 06, 2012, 12:34:12 PM
There are a couple of reasons why I never talk on Languish about details regarding my work.
how many nuclear site are there in sweden? :unsure:

3 NPPs (total 10 reactors), 1 nuclear fuel factory, 1 misc. There's also 2 closed NPPs (total 3 reactors). Plus some minor sites. The first Swedish reactor in Stockholm is no longer a nuclear site (Madonna's "Nothing Really Matters" video was shot in the old underground reactor hall).
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HVC on March 06, 2012, 12:59:52 PM
So there's a 1 in 12 chance that if i call a facility and ask about the guy with a weird fascination about farm animals i can track you down? :unsure: :P
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HVC on March 06, 2012, 01:00:34 PM
Quote from: crazy canuck on March 06, 2012, 12:52:25 PM
btw wasnt it Hortland who had to stop posting here because he wanted to run for political office in Sweden?
that's a scary thought. but he was doomed anyway once the opposition keyed in on his teenie girl lust.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: The Brain on March 06, 2012, 01:00:54 PM
Quote from: HVC on March 06, 2012, 12:59:52 PM
So there's a 1 in 12 chance that if i call a facility and ask about the guy with a weird fascination about farm animals i can track you down? :unsure: :P

It's not weird in Sweden so you may have some problems finding me.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HVC on March 06, 2012, 01:03:18 PM
:lol: You're a good guy brain, even if the thought that you could eradiate a good chunk of sewden is off putting.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: MadImmortalMan on March 06, 2012, 01:34:41 PM
Quote from: garbon on March 06, 2012, 12:48:49 PM
If this was an issue, just delete the account.

Yep definitely.

Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Fate on March 06, 2012, 01:38:45 PM
You can make sub-groups on Facebook these days. "Friends" don't have to see all of your posts depending on what category you put them in. Place coach as a friend that can't see your wall posts... ta-da.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Ideologue on March 06, 2012, 03:20:14 PM
Quote from: Razgovory on March 06, 2012, 08:07:17 AM
Quote from: Darth Wagtaros on March 06, 2012, 07:51:36 AM
I believe the Constitutional right to privacy has long been debated vis a vi as to whether or not it actually exists.  Privacy is not guaranteed.  And these people are not being forced to give out passwords, they are doing it voluntarily to get a job.

I don't think it actually exists.  At least not in the Constitution.

Right to be secure in your person, house, effects, and papers.  It's in the Fourth Amendment.  It's the first line.  You know, it's not a very long document.

That said, certainly you can waive it.

In any event, it would be good for me, since my Facebook doesn't really exist, and dummies who post about how they fed their girlfriend Ajax or something won't get jobs I want.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Darth Wagtaros on March 06, 2012, 03:31:41 PM
Quote from: Ideologue on March 06, 2012, 03:20:14 PM
Quote from: Razgovory on March 06, 2012, 08:07:17 AM
Quote from: Darth Wagtaros on March 06, 2012, 07:51:36 AM
I believe the Constitutional right to privacy has long been debated vis a vi as to whether or not it actually exists.  Privacy is not guaranteed.  And these people are not being forced to give out passwords, they are doing it voluntarily to get a job.

I don't think it actually exists.  At least not in the Constitution.

Right to be secure in your person, house, effects, and papers.  It's in the Fourth Amendment.  It's the first line.  You know, it's not a very long document.

The limits of that are up for debate.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Valmy on March 06, 2012, 03:32:51 PM
Quote from: garbon on March 06, 2012, 12:48:49 PM
If this was an issue, just delete the account.

Or just make a second fake account that you show employers.  Done.

I mean it is not spying if they ask you.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Valmy on March 06, 2012, 03:33:53 PM
Quote from: Darth Wagtaros on March 06, 2012, 03:31:41 PM
The limits of that are up for debate.

Sweet land of limited liberty of thee I sing.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Ideologue on March 06, 2012, 03:34:40 PM
Quote from: Darth Wagtaros on March 06, 2012, 03:31:41 PM
Quote from: Ideologue on March 06, 2012, 03:20:14 PM
Quote from: Razgovory on March 06, 2012, 08:07:17 AM
Quote from: Darth Wagtaros on March 06, 2012, 07:51:36 AM
I believe the Constitutional right to privacy has long been debated vis a vi as to whether or not it actually exists.  Privacy is not guaranteed.  And these people are not being forced to give out passwords, they are doing it voluntarily to get a job.

I don't think it actually exists.  At least not in the Constitution.

Right to be secure in your person, house, effects, and papers.  It's in the Fourth Amendment.  It's the first line.  You know, it's not a very long document.

The limits of that are up for debate.

Doesn't mean it doesn't exist.  Raz was being silly.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Valmy on March 06, 2012, 03:36:44 PM
Quote from: Ideologue on March 06, 2012, 03:34:40 PM
Doesn't mean it doesn't exist.  Raz was being silly.

I thought he was being technical because it is in the Bill of Rights and not in the Constitution or something idiotic like that.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Darth Wagtaros on March 06, 2012, 03:52:19 PM
He is technically correct. The best kind of correct.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Ideologue on March 06, 2012, 04:21:11 PM
Yeah, then being technically incorrect is the worst kind of incorrect, right? :P
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Darth Wagtaros on March 06, 2012, 07:40:24 PM
Quote from: Ideologue on March 06, 2012, 04:21:11 PM
Yeah, then being technically incorrect is the worst kind of incorrect, right? :P
You obviously don't want enough Futurama.  Correct that.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Razgovory on March 06, 2012, 07:43:17 PM
Quote from: Darth Wagtaros on March 06, 2012, 03:52:19 PM
He is technically correct. The best kind of correct.

Technicality is the soul of the law.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: DGuller on March 06, 2012, 07:52:35 PM
Quote from: 11B4V on March 06, 2012, 07:41:16 AM
they need to have the fed govt do this too.
:rolleyes:  Free market can do a better job.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Ideologue on March 06, 2012, 08:06:49 PM
Quote from: Darth Wagtaros on March 06, 2012, 07:40:24 PM
Quote from: Ideologue on March 06, 2012, 04:21:11 PM
Yeah, then being technically incorrect is the worst kind of incorrect, right? :P
You obviously don't want enough Futurama.  Correct that.

I got your dated and frankly obvious reference, Wags. :P
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Eddie Teach on March 06, 2012, 08:36:50 PM
Quote from: Fate on March 06, 2012, 01:38:45 PM
You can make sub-groups on Facebook these days. "Friends" don't have to see all of your posts depending on what category you put them in. Place coach as a friend that can't see your wall posts... ta-da.

Or even easier, just don't use the Facebook.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Monoriu on March 06, 2012, 11:34:35 PM
Quote from: Peter Wiggin on March 06, 2012, 08:36:50 PM
Quote from: Fate on March 06, 2012, 01:38:45 PM
You can make sub-groups on Facebook these days. "Friends" don't have to see all of your posts depending on what category you put them in. Place coach as a friend that can't see your wall posts... ta-da.

Or even easier, just don't use the Facebook.

Then your interview will immediately fail, as you are branded a loner, the odd one out, someone who doesn't have friends, anti-social etc. 

Best way is to create a fake Facebook page specifically tailored for the interview, showing what the interviewers want to see. 
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Eddie Teach on March 06, 2012, 11:40:45 PM
That's more important for jobs where ability can't be measured. A college athlete just needs to worry about his play on the field, his grades, and avoiding embarrassing the school.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Monoriu on March 07, 2012, 01:10:01 AM
We really should look at the positive side of this.  If you go to an exam, your biggest problem is not knowing what the exam questions are.  Now the interviewers practically tell you what one of the interview questions will be - Facebook.  So why worry.  Just make a Facebook page, friend a bunch of normal people but exclude the nutjobs, pretend that you have some hobbies, post some nice pictures, show that you are an enthusiastic, positive person etc.  Then show the homework to the interviewers. 
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Martinus on March 07, 2012, 04:46:58 AM
Quote from: Monoriu on March 07, 2012, 01:10:01 AM
We really should look at the positive side of this.  If you go to an exam, your biggest problem is not knowing what the exam questions are.  Now the interviewers practically tell you what one of the interview questions will be - Facebook.  So why worry.  Just make a Facebook page, friend a bunch of normal people but exclude the nutjobs, pretend that you have some hobbies, post some nice pictures, show that you are an enthusiastic, positive person etc.  Then show the homework to the interviewers.

If I was required to defriend nutjobs, I would have no Languishite Facebook friends. Hell, I probably would have no Facebook friends at all.
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: HisMajestyBOB on March 07, 2012, 08:24:13 AM
Quote from: Martinus on March 07, 2012, 04:46:58 AM
Quote from: Monoriu on March 07, 2012, 01:10:01 AM
We really should look at the positive side of this.  If you go to an exam, your biggest problem is not knowing what the exam questions are.  Now the interviewers practically tell you what one of the interview questions will be - Facebook.  So why worry.  Just make a Facebook page, friend a bunch of normal people but exclude the nutjobs, pretend that you have some hobbies, post some nice pictures, show that you are an enthusiastic, positive person etc.  Then show the homework to the interviewers.

If I was required to defriend nutjobs, I would have no Languishite Facebook friends. Hell, I probably would have no Facebook friends at all.

Birds of a feather, eh? ;)
Title: Re: State agencies, colleges demand applicants' Facebook passwords
Post by: Eddie Teach on March 07, 2012, 08:37:31 AM
Marty doesn't realize he's :wacko:, thus he thinks everyone around him is.