California Bans Social Snooping

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California Bans Social Snooping

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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 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, 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, 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: California, Leland Yee

Permalink

This almost makes me want to move to California.

Now if we could get this passed nationally...

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?

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.

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...

it is about damn time

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.

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...

Well duh; this is a gaming site after all!

OT: I love when legislation and common sense come together. Now, if only this were not limited to state level...

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.

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.

Zachary Amaranth:

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?

Tenmar:
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

Chrono212:

Zachary Amaranth:

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

Chrono212:
'At Will'? What's that?

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

Wikipedia:
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.

Zombie_Moogle:

Chrono212:

Zachary Amaranth:

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?

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.

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.

Zachary Amaranth:

Chrono212:
'At Will'? What's that?

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

Unintentional witty satire [i]away!{/i] :P

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

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...

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

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.

Chrono212:
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.

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

"Moonbeam", right? ;D

Pyrian:

Chrono212:
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.

Skynet started in California, right?

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.

We are just entering a new world. 10 years ago no one even knew what a "social network" was. New technology has brought on new problems and our generation will need the wisdom of King Salomon, Sacristies, Lord Jesus Christ, Gandhi, and St. Martin Luther King JR.

We are truly in a strange new world now.

Thank you, sir, now we need to convince the rest of the world's government to pass a law like this.

Aenir:
This almost makes me want to move to California.

Now if we could get this passed nationally...

Screw that. We need to get this passed into international law.

Gilhelmi:

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.

We are just entering a new world. 10 years ago no one even knew what a "social network" was. New technology has brought on new problems and our generation will need the wisdom of King Salomon, Sacristies, Lord Jesus Christ, Gandhi, and St. Martin Luther King JR.

We are truly in a strange new world now.

Yes. Yes we do.

Here's all my money now please don't hurt me.[1]

Falterfire:

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.

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.

I see both of your points. In small towns, I know people who were turned down for a job because they had a very bad reputation in that town, or the boss was friends with the employees last boss. Its not fair but it happens even without social media.

But at the same time, what if I refuse to give out my social media info. Not because I am hiding something but because I choose not too have one? I, technically, have a Facebook page only because I needed access to my Army units Facebook page.

Chrono212:

Gilhelmi:

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.

We are just entering a new world. 10 years ago no one even knew what a "social network" was. New technology has brought on new problems and our generation will need the wisdom of King Salomon, Sacristies, Lord Jesus Christ, Gandhi, and St. Martin Luther King JR.

We are truly in a strange new world now.

Yes. Yes we do.

Here's all my money now please don't hurt me.[1]

I really like that gif. Made me laugh.

Gilhelmi:

Chrono212:

Gilhelmi:

We are just entering a new world. 10 years ago no one even knew what a "social network" was. New technology has brought on new problems and our generation will need the wisdom of King Salomon, Sacristies, Lord Jesus Christ, Gandhi, and St. Martin Luther King JR.

We are truly in a strange new world now.

Yes. Yes we do.

Here's all my money now please don't hurt me.[1]

I really like that gif. Made me laugh.

Then I've succeed for the day!

So... they can't "demand" it. Suppose they "request" it and give preferential hiring to applicants who "voluntarily" supply it? There's always a loophole.

Braedan:

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...

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

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.

No, he's speaking of this:


Third down on Latest. That's totally the NCR flag. At least they used the right flag in the actual article. Though I will say the NCR being the thumbnail is the entire reason I clicked on the thing, so their ploy was a success.

Chrono212:

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?[/quote]

What at will employment is in a nutshell is that you are agreeing that the employer has the capacity for ANY reason regardless of your success towards the company holds the ability to fire you without any explanation.

A good deal of jobs are actually like that in the private sector but most do have at least some courtesy to at least know that you are being fired and transition you out of their roster. But pretty much 99% of where you go will have at will employment be it union or non-union. Cell phone companies, retail outlets, hotels, fast food, restaurants all at will employment. Even some city jobs and college jobs are like that as well.

Remember it only takes one outrage or some stupid moron who can't stop complaining and cause of the bad PR companies don't want to hold onto that negative imagery because we are a nation of blaming and firing people is the fastest way to ensure customer satisfaction. Although I will say on the other end where you have crap like sexual harassment classes is on the over extreme of terrible because it is nothing more than a scheme that companies put up with due to government regulations and to falsely promote that their staff is a winner at not being sexual harassers. So basically millions of dollars in company revenue goes towards shitty training classes just to internally promote themselves to look better compared to what their actual company is based upon.

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It's about time that something like this passed! Laws like this need to put into every human rights convention/regulation in existance. Hopefully none of my employers will ever ask for this stuff (None have so far anyway! Well.... none that I can legally tell you about...). And hopefully before long this is introduced at a federal level in Australia

Wow, Leland Yee actually found himself useful for a change. Now if only this could become an internationally law.

Braedan:

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...

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

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.

No, not the picture in the article, the icon for the story that is on the front page. The two headed bear and the word "New" before Californa is what tipped me off.

Daemascus:
Snip

o_O:
Snip

Erk. I dun goofed. I concede the win.... this time...

Not to rag on America, but this at-will employment shebang is just fucked up. That's one freedom I can live without.

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