California Bans Social Snooping

[Andy Chalk]

California Bans Social Snooping

The state of California has enacted a law prohibiting employers from demanding social media passwords from job applicants.

The deeply disturbing practice of employers demanding social media passwords from applicants and new hires came to light earlier this year [http://www.escapistmagazine.com/news/view/116209-Colleges-and-Employers-Now-Requiring-Applicants-Facebook-Passwords] following an MSNBC investigation that discovered, among other things, a requirement of athletic programs at several colleges across the U.S. that members "friend" a "coach or compliance officer" who would monitor their activity. Appallingly invasive but perfectly legal - except, as of yesterday, in California.

"Today I signed two bills to prohibit universities and employers from demanding your social media passwords," California Governor Jerry Brown announced on Twitter [https://twitter.com/JerryBrownGov/status/251366855598542848], Facebook, Google+, LinkedIn and MySpace.

The first bill, Assembly Bill1844, prohibits employers from demanding user names, passwords and other related information from employees and applicants, and from disciplining or firing employees who refuse to divulge them. The second, Senate Bill 1349, provides similar protections for post-secondary students.

You, as a knowledgeable gamer, may be surprised to learn that Bill 1349 was authored by none other than Senator Leland Yee [http://www.escapistmagazine.com/news/tag/leland%20yee?from_search=1], the long-serving California legislator who helped enshrine First Amendment protections for videogames by doggedly trying to strip them away. "The practice of employers or colleges demanding social media passwords is entirely unnecessary and completely unrelated to someone's performance or abilities," Yee said. "Today, California has declared that this is an unacceptable invasion of personal privacy."

We dump on him when he does wrong, so I suppose it's only fair to give him his propers when he gets it right. So thank you, Senator Yee. You done good.

Sources: Leland Yee [http://gov.ca.gov/news.php?id=17759]


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[Aenir]

This almost makes me want to move to California.

Now if we could get this passed nationally...

 

[cidbahamut]

Any employer who requests that kind of information of their employees ought to be sacked.

Computer security 101: don't tell people your password. How does anyone think asking for that is in any way acceptable to begin with?

 

[Chrono212]

How did they ever not have this on the books in the first place?

Loopholes be loopholes, presumably.

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

 

[Daemascus]

Hopefuly this will encourage other states to pass bills like this. And please tell me that the NCR flag on the link from the main page was on purpose...

 

[drthmik]

it is about damn time

 

[Rellik San]

The practice of employers looking at social sites like Facebook even during hiring disgusts me. I'm fairly certain, INFACT it has been heavily implied before now that I've lost out on jobs because I'm sensible enough to keep my publicly available information on such sites under a ridiculously tight restraint.

You don't need to know what I do on weekends, so long as it isn't illegal or will affect me turning up on Monday, it's none of your god damn business.

 

[Something Amyss]

How did they ever not have this on the books in the first place?

Loopholes be loopholes, presumably.

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

It's not really a loophole. There's a lot of crap you can legally be fired for in the 48 (or is it 49) "At Will" employment states.

 

[Chrono212]

How did they ever not have this on the books in the first place?

Loopholes be loopholes, presumably.

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

It's not really a loophole. There's a lot of crap you can legally be fired for in the 48 (or is it 49) "At Will" employment states.

'At Will'? What's that?

 

[Zombie_Moogle]

Chances are he isn't really doing it for the people of California but doing it to cover his own ass now that he lost his case and wasted MILLIONS of dollars here in California.

Ah. I was trying to think of a reason for Yee's sudden civil rights 360. Thanks

 

[Zombie_Moogle]

How did they ever not have this on the books in the first place?

Loopholes be loopholes, presumably.

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

It's not really a loophole. There's a lot of crap you can legally be fired for in the 48 (or is it 49) "At Will" employment states.

'At Will'? What's that?

States where you can be fired from a job at any time, for any reason, without explanation or prior notice

 

[Something Amyss]

'At Will'? What's that?

I think this is a good way to sum it up.

At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine:
?any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.?

Emphasis mine.

There are some restrictions, but the base note of "good cause, or bad cause, or no cause at all" is the major heart of the matter.

 

[Chrono212]

How did they ever not have this on the books in the first place?

Loopholes be loopholes, presumably.

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

It's not really a loophole. There's a lot of crap you can legally be fired for in the 48 (or is it 49) "At Will" employment states.

'At Will'? What's that?

States where you can be fired from a job at any time, for any reason, without explanation or prior notice

So that's like everyone, regardless of how good the job actually is, is just working with a crappy contract?

 

[Falterfire]

The practice of employers looking at social sites like Facebook even during hiring disgusts me. I'm fairly certain, INFACT it has been heavily implied before now that I've lost out on jobs because I'm sensible enough to keep my publicly available information on such sites under a ridiculously tight restraint.

You don't need to know what I do on weekends, so long as it isn't illegal or will affect me turning up on Monday, it's none of your god damn business.

That really does suck. It makes sense to check facebook before hiring somebody - After all, if they're enough of a moron to flame their last employer in a publicly available post or have a bunch of pictures of them doing incredibly stupid things available publicly, that's not somebody you want to hire - but not hiring because they're smart enough to hide their information from prying eyes? That's just dumb.

 

[Chrono212]

'At Will'? What's that?

I think this is a good way to sum it up.

Unintentional witty satire away!{/i]

 

[antipunt]

The awkward moment when you don't even know the name of your own governor >_>

 

[Braedan]

Hopefuly this will encourage other states to pass bills like this. And please tell me that the NCR flag on the link from the main page was on purpose...

That IS the flag of California. I'm purdy sure you're thinking of this:

Spoiler

Confused be at first too.


OT: I would NEVER work for a company that demanded this information in the first place, but this is still good for everyone.

 

[Pyrian]

Interesting that Senator Lee doesn't see a connection between social media and games, but good on him none-the-less.

I'm sure that from his perspective it goes "computers are dangerous and must be regulated". Consistent.

The awkward moment when you don't even know the name of your own governor >_>

"Moonbeam", right? ;D