When it comes to demanding Facebook passwords, there needs to be a law protecting consumers
Summary: I call on our Congress to do something useful for a change. Pass a law making it illegal to demand access to any personal login credentials for any online account.
Yesterday, ZDNet covered the story of a school that demanded Facebook login credentials for one of its students. We've been seeing a trend of employers and schools not only demanding to be "friended," but demanding actual login credentials for Facebook.
This must stop. There needs to be a law protecting consumers.
See also: School district demands Facebook password, 12-year-old girl sues
The issue is very simple. The people demanding access to your Facebook accounts can't be trusted. For example, Minnewaska Area Schools demanded login credentials for the student, but there's no guarantee that they are using best practices to protect those credentials. Most likely, the child's login and password will wind up on a PostIt! note living on a physical desktop.
In another case, Officer Robert Collins was required to turn over his Facebook login credentials during a recertification interview with the Maryland Division of Corrections. Here, too, there's no guarantee (or even a requirement) that the people conducting the interview protect the officer's personal login credentials with all due care.
See also: Employer demands Facebook login credentials during interview
There is a clear, but subtle difference between demanding a student, employee, or prospective employee add you to his or her friends list, compared with providing such organizations with full login credentials.
Friending provides a view onto what you're posting on your Facebook account and what you're comfortable sharing with friends. If you're, for example, racist or abusive, that behavior may become evident through your published posts on Facebook, and a prospective employer may choose to opt out of hiring you.
But when your credentials are provided to that employer (or school), you're granting that organization complete, unrestricted access to not only what you've posted, but to the entire status of your account.
Let's take Pat Falk, the principal of Minnewaska Area Schools as an example. Let's give her the benefit of the doubt and assume she would never misuse those credentials. But would she be able to prevent anyone who ever worked in her office from using those credentials? Is she taking full responsibility for the entire online identity of the students' accounts she now has access to?
What about the interviewers at the Maryland Division of Corrections? Facebook now has email. Are they willing to take full responsibility that nobody will ever send an email message or post an entry posing as Officer Collins? What if Officer Collins used his Facebook email as his password reset email for other services, say online banking? Will the Maryland Division of Corrections reimburse Officer Collins if his entire bank account is cleaned out because his email password fell into the wrong hands?
Of course not. And that's why there needs to be a law.
This is a problem that will not go away. And if you think the lawsuits we're seeing now are bad, wait until someone loses their life savings because some over-zealous school district or prospective employer got carried away. The courts will be filled with these things.
I call on our Congress to do something useful for a change. Pass a law making it illegal to demand access to any personal login credentials for any online account.
Such a law will not only benefit consumers, it will protect organizations like Minnewaska Area Schools and Maryland Division of Corrections from liability and costly lawsuits, and it will reduce the caseload for our courts.
Readers, contact your representatives today and demand such a law be passed. To contact your representative, visit The U.S. House of Representatives web site. It's just a click away and it could save you (and the rest of your fellow Americans) tremendous heartache.
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Talkback
It's not usual that I agree with you
Exactly
If the information is posted as public or viewable by some other means then more power to them, but employers, schools, the government all should NOT have the right to ask for your password or demand that you log in so they can inspect your Facebook or other online services.
Have you so quickly forgotten
This is where I think Dave has missed it .....
Short of a Court Order no one should be compelled to tell anyone what sites they visit let alone their credentials for those sites.
When I'm on a computer other than my own I stay far away from any sites to which I post, and when on a network other than my own (home) I think two or three times before even checking my email.
That may seem overly cautious or even paranoid but everyone seems to want to know everything about everyone else, people needing to sue to keep their private lives private and away from prying eyes, a teacher being fired for a picture of her while on vacation in Ireland and hoisting a Ale in an Irish pub ... this is getting ridiculous.
So yeah, it shouldn't even get as far as 'people being trusted with the information', what makes them think they should have this information in the first place?
I generally agree, but...
That would be the same as allowing unrestricted access to my home or telephone conversations just to name a few.
You are correct on the pitfalls of giving private information to persons who may not handle it securely. I don't think a law will help as most lawmakers anymore have no problem putting more cracks in the wall of individual privacy rights.
Displaying your middle finger will be sufficient.
not the point
On the surface...
Regarding graduation, I wouldn't expect that a college or university would force an already enrolled student to divulge such information, but wouldn't put it past them. If a school stated such information was required prior to enrollment, then the student will have a decision to make, do I sell my soul to the devil?
I'm not a litigious person by any definition, but my head boils when I read about this type of stuff. That 12 year old was assaulted. What's worse is a sheriff's deputy was involved!! People need to stand up and push back hard, really hard at this type of harassment.
Regarding graduation, I wouldn't expect that a college or university would force an already enrolled student to divulge such information, but wouldn't put it past them. If a school stated such information was required prior to enrollment, then the student will have a decision to make, do I sell my soul to the devil?
IF as you say
IF there is a warrant involved that is one thing but for someone other than a law enforcement official with a warrant signed by a judge to request such is an intolerable invasion of privacy.
Can you prove it?
What Porter and Pete miss is that sure, you can refuse, but they can refuse to hire you. And maybe you have a lawsuit for some kind of discrimination, if you can prove they tried to get you to violate privacy laws. We need to have clear laws in place that say, like so many other race and gender and age protections, "you just can't ask that question."
Compelling disclosure.
Good luck on that one.
So I expect the opposite will happen, and government will codify the means to which both authorities and corporations can gain access to a private citizen's data through very simple and inexpensive means, without any recourse by the affected person. There are already models of sorts: the credit bureaus, and the extra-legal processes codified by the DMCA that allows privileged parties to demand information and action without the need of a court order.
Internet Privacy IS a right. Own it.
When entities come demanding access to your private matters, you have to worry.
Should citizens leave control of their privacy to third party entities?
The risk is that you loose control of your privacy in the situation David shares today.
R E T R O S H A R E provides total control of your privacy. Own it.
Bad idea
uniformity is required
Another problem is that if it is left up to the states, the employers (at least multi-state employers) can just put into their employee manuals/contracts/employer documents that the laws of State X will apply, and even that venue for any disputes is the county of their home office. So, for instance, Texas employees could be required to pursue any suits/arbitration in Maine or Vermont.
Get a good lock
R E T R O S H A R E
Sarcasm: What we really need...
The logic is exactly the same.
When it comes to demanding Facebook passwords, there needs to be a law prot
Why in the he11 would anyone flag LD's commnt?
How about just saying "NO"? If I go on an interview
Pagan jim
and...
That's why there needs to be some sort of severe penalty for employers asking for that information.