Seth Zamora 2-8-13 Claycomb 1

Introduction Technology and social media raise many questions about employee security and privacy. In some cases, employers have asked for passwords to social media if someone was trying to get hired for a job. Some say that this is an invasion of privacy. Others say it is necessary for a background check. One such individual case involves a young man fresh out of high school. He started working a summer job and applied to the same company for a part time job during college. This company had some military contracts, so certain people required special clearance to certain parts of the facility. This appealed to him, but what was more encouraging was the notification he received from the company saying he was eligible for the part time job. However, before he could be hired, he must consent to a criminal background check and a drug test. He was also asked to provide a most recent copy of his credit history. But there was one more piece of personal information he had to disclose in order to get this job. He was asked to give the username and password to any social media he belonged too. This poses a question to many. Is it constitutional for employers to ask applicants for usernames and passwords for social media? Employers Rights Everyone has rights, including employers. According to the Washington Post, In fact, it is neither an invasion of privacy nor a violation of constitutional right, as the applicant can simply decide not to apply. In the Washington Post article some would ask, What is their defense?, Why is this not considered a violation of constitutional rights? People should look

at this dilemma from both sides. One side argues that anything you put on the internet is not really private, and users should account for this. Another argument could focus on military and government contracts and security. If government employers asked for passwords to social media, they would most likely request it because of security and safety issues. They could also see what type of person they are and if that personality is suitable for that job. This is most likely legal, however, if the employer saw the applicants/employees interests and beliefs, for example, the employer may not agree with them and discriminate against them by firing the employee or not hiring the applicant. Yet, according to verdict.justia.com, It would be impossible for all job applicants to sanitize their Facebook pages in a way that would make them employer-proof in terms of potential discrimination, and unfair to ask them to do so. Because of this it is plausible that employers have and will discriminate against certain people, so we must limit the employers. According to current law, certain questions cannot be asked during an interview by the employer. Using social media as a way to loophole this law should also be prohibited. Employees Rights Employees are a vital component to a company. Some may enjoy their job some may not. All in all, employees want to feel secure at their job. They shouldnt have to worry about employers going through their social media accounts and possibly getting fired. However, employees have protection from this. Two acts that protect employees electronic information are the Stored Communications Act (SCA) and the Computer Fraud and Abuse Act (CFAA). These acts prohibit intentional access to electronic information without authorization, and prohibit intentional access to a computer, without authorization, to obtain information (verdict.justia.com). If the employee willingly hands over social media login information and the employer accesses the accounts, does that violate the SCA and the CFAA? Two senators, Chuck

Schumer (NY) and Richard Blumenthal (CT), ponder whether it does. They wonder whether requiring applicants to provide login credentials to secure social media websites and then using those credentials to access private information stored on those sites may be unduly coercive and therefore constitute unauthorized access under both SCA and the CFAA (verdict.justia.com). There is one such case that pertains to this issue, Pietrylo v. Hillstone Restaurant Group. Two employees decided to create a webpage for other employees. It was intended to be a safe place where people would face no consequences for voicing their opinion about their job. However, this safe feeling was soon lost after two managers discovered the site. They asked for the login information and, after accessing the site on five occasions, fired the creators of the site because they believed it was hurting employee morale. The employees took the issue to court. When a verdict was reached, the jury decided that the managers accessed the account without authorization and ruled in favor of the employees. Because the verdict held, this shows that the courts are more in favor of employees rather than employers. Applicants Rights Unfortunately, applicants are the most vulnerable during the hiring process. They can easily be turned away. If they do get an interview, they have the opportunity to show who they are. Yet employers might find it more efficient to access social media accounts. However, states have introduced legislature that would prevent employers from asking for social media passwords. (ccoastonline.com) Senator Leland Yee of California, introduced a bill that restricts employers from asking for social media passwords and to restrict employers requiring the social media information. Cheryl Coakly-Rivera, a representative of Massachusetts, also introduced an identical bill which would expand the restrictions on what employers ask from applicants. Both of these senators are taking the issue of applicant security seriously. Also taking this issue

seriously is Facebook. Facebook has been warning employers not to require passwords for profiles because Facebook would take legal action. According to a blog post by Facebooks Director of Privacy, Erin Egan, he stated, This practice undermines the privacy expectations and the security of both the user and the users friends (facebook.com/notes/facebook-and-privacy). The practice of giving out your Facebook password is considered a security risk. How does one know once you give your password away if the person will not give anyone else the password? The blunt truth is you dont. However, if someone is considering giving their password to employers, they should polish their profile. If necessary, users can hire a company to mend their online reputation. In the fight for security of electronic information, users are not alone and have strong allies defending their rights. Conclusion I feel that the practice of asking for social media passwords should be outlawed by the Federal government because it violates your Fourth Amendment and First Amendment rights. This is because if the employer has your login information you have to restrain yourself from posting certain things on Facebook, MySpace, etc. This websites are supposed to be for the use of interacting with family and friends, not for use as a background check. This, I believe, should be a major focus in America because our society demands freedom and equality. If this practice continues and is legalized, your human rights are stripped from you when you apply for a job. I believe that if more people discover this, there will be more of an impact towards illegalizing the practice of requiring social media login in order to be hired for a job. This is a goal applicants and employees should work towards.