There is good news for those of us who use email, smart phones and social networking sites!  Legislation was introduced in both houses of the (U.S.) Congress today that would prohibit employers or prospective employers from forcing employees or prospective employees to divulge passwords.  The good news is that both houses think this is a problem and are acting to do something about it.  The bad news is that the bills differ.  The Senate’s version is called the Password Protection Act and is sponsored by Sen. Richard Blumenthal, D-Conn also includes smart phones, private email accounts, photo sharing sites, and any personal information that resides on computers owned by the workers.  Rep. Ed Perlmutter, D-Colorado introduced similar legislation in the House.  However, last month, Rep. Eliot Engel, D-N. Y. introduced the Social Networking Online Protection Act (SNOPA) that extended the protections to elementary, high school and college students.  The ACLU supports this inclusion of students because they are a target of much of the social media monitoring.

Rep Engel was quoted by ABC News  as saying:

There have been a number of reports about employers requiring new applicants to give their username and password as part of the hiring process. The same has occurred at some schools and universities,” Engel said in a statement. “Passwords are the gateway to many avenues containing personal and sensitive content — including email accounts, bank accounts and other information, he added.

Of course, the legislation also protects employers in that it prevents them from accidentally learning information about a candidate that is not allowed to be considered in a hiring decision.

These are positive steps to protect our civil liberties.

Meanwhile the New York Courts have asked Twitter to release data pertaining to a user involved with the Occupy Wall Street movement.  According to CNN,

Twitter, however, countered that the court would need a search warrant to get that information. It pointed to a recent Supreme Court decision which found that attaching a GPS device is considered a search under the Fourth Amendment, which prevents unreasonable searches and seizures.

“If the Fourth Amendment’s warrant requirement applies merely to surveillance of one’s location in public areas for 28 days, it also applies to the District Attorney’s effort to force Twitter to produce over three months worth of a citizen’s substantive communications, regardless of whether the government alleges those communications are public or private,” wrote Twitter in its motion.

Twitter also suggested that Harris owns his own tweets and could therefore file a motion to quash on his own, despite the prosecution’s assertion of the opposite.

The ACLU is calling Twitter’s move a ‘big deal.’

The fourth amendment should protect us from arbitrary search and seizure of our own information.  Just because it is easy to access (because it is electronic) does not make it right to do so.

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