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ACLU Says Your Facebook Password Shouldn't Be Boss' Business

The Huffington Post  |  By Posted: 03/22/2012 11:31 am Updated: 03/22/2012 12:18 pm

Facebook Password Privacy

In response to reports that employers, colleges, scholarship providers, and more are asking applicants for their Facebook passwords, the American Civil Liberties Union (ACLU) has spoken out against such practices.

In a March 20 blog post titled "Your Facebook Password Should Be None Of Your Boss' Business," the ACLU specifically cited a recent story by the Associated Press (AP) that outlines the conflict as it stands, with some employers defending the practice while potential employees, the ACLU, and others believe it's an invasion of privacy.

ACLU attorney Catherine Crump commented on news covering the practice, writing,

It's an invasion of privacy for private employers to insist on looking at people's private Facebook pages as a condition of employment or consideration in an application process. People are entitled to their private lives. You'd be appalled if your employer insisted on opening up your postal mail to see if there was anything of interest inside. It's equally out of bounds for an employer to go on a fishing expedition through a person's private social media account.

The post went on to describe an example used by the AP of Maryland corrections officer Robert Collins, an employee who was asked to provide his Facebook username and password to his employer, the Maryland Department of Public Safety and Correctional Services, back in 2010. Collins obliged because, as he told the AP, "I needed my job to feed my family. I had to."

Following the incident, Collins contacted the ACLU of Maryland, which, in turn, sent a letter to Public Safety Secretary Gary Maynard. As a result of their efforts, the department's previously mandatory policy of employees providing Facebook username and password information has since been suspended and is now considered voluntary.

The ACLU continues to battle in Maryland for a social media privacy bill and will likely engage in conflicts over the issue elsewhere. The organization concluded in its blog post thus:

Bottom line: we believe you shouldn't have to choose between privacy and technology. The same standards of privacy that we expect offline in the real world should apply online in our digital lives as well.

Do you think it's okay for employers to ask potential or current employees for username and password information? Share your thoughts in the comments. Then, take a look at the slideshow for an overview of things you should never post to Facebook.

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  • Your Birth Date And Place

    While it might be nice to hear from Facebook well-wishers on your birthday, you should think twice before posting your full birthday. Beth Givens, executive director of the <a href="http://www.privacyrights.org/" target="_hplink">Privacy Rights Clearinghouse</a> <a href="http://finance.yahoo.com/family-home/article/110674/6-things-you-should-never-reveal-on-facebook">advises</a> that revealing your exact birthday and your place of birth is like handing over your financial security to thieves. Furthermore, Carnegie Mellon researchers recently <a href="http://arstechnica.com/tech-policy/news/2009/07/social-insecurity-numbers-open-to-hacking.ars" target="_hplink">discovered</a> that they could reconstruct social security numbers using an individual's birthday and place of birth. Rather than remove your birthday entirely, you could enter a date that's just a few days off from your real birthday.

  • Your Mother's Maiden Name

    "Your mother’s maiden name is an especially valuable bit of information, not least since it’s often the answer to security questions on many sites," writes the <em><a href="http://bucks.blogs.nytimes.com/2010/10/12/what-not-to-tell-facebook-friends/?src=tptw" target="_hplink">New York Times</a></em>. Credit card companies, your wireless service provider, and numerous other firms frequently rely on this tidbit to protect your personal information.

  • Your Home Address

    Publicizing your home address enables everyone and anyone with whom you've shared that information to see where you live, from exes to employers. Opening up in this way could have negative repercussions: for example, there have been instances in which <a href="http://www.huffingtonpost.com/2010/02/17/please-rob-me-site-tells_n_465966.html" target="_hplink">burglars have used Facebook to target users</a> who said they were not at home.

  • Your Long Trips Away From Home

    Don't post status updates that mention when you will be away from home, <a href="http://bucks.blogs.nytimes.com/2010/09/15/dont-tell-facebook-friends-that-youre-going-away/" target="_hplink">advises</a> <em>New York Times</em> columnist Ron Lieber. When you broadcast your vacation dates, you might be telling untrustworthy Facebook "friends" that your house is empty and unwatched. "[R]emind 'friends' that you have an alarm or a guard dog," Lieber writes.

  • Your Short Trips Away From Home

    Although new features like Facebook Places encourage you to check in during outings and broadcast your location (be it at a restaurant, park, or store), you might think twice even before sharing information about shorter departures from your home. "Don’t post messages such as 'out for a run' or 'at the mall shopping for my sweetie,'" Identity Theft 911 <a href="http://identitytheft911.com/company/press/release.ext?sp=11132" target="_hplink">cautions</a>. "Thieves could use that information to physically break in your house."

  • Your Inappropriate Photos

    By now, nearly everyone knows that racy, illicit, or otherwise incriminating photos posted on Facebook can cost you a job (or worse). But even deleted photos could come back to haunt you. Ars Technica recently <a href="http://arstechnica.com/web/news/2010/10/facebook-may-be-making-strides.ars" target="_hplink">discovered</a> that Facebook's servers can store deleted photos for an unspecified amount of time. "It's possible," a Facebook spokesperson <a href="http://arstechnica.com/web/news/2010/10/facebook-may-be-making-strides.ars" target="_hplink">told</a> Ars Technica, "that someone who previously had access to a photo and saved the direct URL from our content delivery network partner could still access the photo."

  • Confessionals

    Flubbing on your tax returns? Can't stand your boss? Pulled a 'dine and dash?' Don't tell Facebook. The site's privacy settings allow you to control with whom you share certain information--for example, you can create a Group that consists only of your closest friends--but, once posted, it can be hard to erase proof of your illicit or illegal activities, and difficult to keep it from spreading. There are countless examples of workers getting the axe for oversharing on Facebook, as well as many instances in which <a href="http://www.huffingtonpost.com/2010/08/16/arrested-over-facebook-po_n_683160.html" target="_hplink">people have been arrested</a> for information they shared on the social networking site. (Click <a href="http://www.huffingtonpost.com/2010/07/26/fired-over-facebook-posts_n_659170.html" target="_hplink">here</a> to see a few examples of Facebook posts that got people canned.)

  • Your Phone Number

    Watch where you post your phone number. Include it in your profile and, depending on your privacy settings, even your most distant Facebook "friends" (think exes, elementary school contacts, friends-of-friends) might be able to access it and give you a ring. Sharing it with Facebook Pages can also get you in trouble. Developer Tom Scott created an app called <a href="http://www.huffingtonpost.com/2010/05/24/evil-facebook-app-exposes_n_587144.html" target="_hplink">Evil</a> that displays phone numbers published anywhere on Facebook. <a href="http://www.huffingtonpost.com/2010/05/24/evil-facebook-app-exposes_n_587144.html" target="_hplink">According to Scott</a>, "There are uncountable numbers of groups on Facebook called 'lost my phone!!!!! need ur numbers!!!!!' [...] Most of them are marked as 'public', and a lot of folks don't understand what that means in Facebook's context -- to Facebook, 'public' means everyone in the world, whether they're a Facebook member or not."

  • Your Vacation Countdown

    <a href="http://finance.yahoo.com/family-home/article/110674/6-things-you-should-never-reveal-on-facebook" target="_hplink">CBSMoneyWatch.com</a> warns social network users that counting down the days to a vacation can be as negligent as stating how many days the vacation will last. "There may be a better way to say 'Rob me, please' than posting something along the lines of: 'Count-down to Maui! Two days and Ritz Carlton, here we come!' on [a social networking site]. But it's hard to think of one. Post the photos on Facebook when you return, if you like. But don't invite criminals in by telling them specifically when you'll be gone," MoneyWatch <a href="http://finance.yahoo.com/family-home/article/110674/6-things-you-should-never-reveal-on-facebook" target="_hplink">writes</a>.

  • Your Child's Name

    Identity thieves also target children. "Don't use a child's name in photo tags or captions," <a href="http://www.consumerreports.org/cro/magazine-archive/2010/june/electronics-computers/social-insecurity/7-things-to-stop-doing-on-facebook/index.htm" target="_hplink">writes</a> Consumer Reports. "If someone else does, delete it by clicking on Remove Tag. If your child isn't on Facebook and someone includes his or her name in a caption, ask that person to remove the name."

  • Your 'Risky' Behavior

    CBSMoneyWatch.com <a href="http://moneywatch.bnet.com/saving-money/blog/devil-details/6-things-you-should-never-reveal-on-facebook/2360/?tag=content;col1" target="_hplink">writes</a>: <blockquote>You take your classic Camaro out for street racing, soar above the hills in a hang glider, or smoke like a chimney? Insurers are increasingly turning to the web to figure out whether their applicants and customers are putting their lives or property at risk, according to Insure.com.</blockquote> There have been additional <a href="http://www.huffingtonpost.com/2010/02/22/facebook-twitter-users-co_n_471548.html" target="_hplink">reports</a> that insurance companies may adjust users' premiums based what they post to Facebook. Given that criminals are turning to high-tech tools like Google Street View and Facebook to target victims, "I wouldn't be surprised if, as social media grow in popularity and more location-based applications come to fore, insurance providers consider these in their pricing of an individual's risk," <a href="http://www.huffingtonpost.com/2010/02/22/facebook-twitter-users-co_n_471548.html" target="_hplink">says</a> Darren Black, head of home insurance for Confused.com.

  • The Layout Of Your Home

    <a href="http://identitytheft911.com/company/press/release.ext?sp=11132" target="_hplink">Identity Theft 911</a> reminds Facebook users never to post photos that reveal the layout of an apartment or home and the valuables therein.

  • Your Profile On Public Search

    Do you want your Facebook profile--even bare-bones information like your gender, name, and profile picture--appearing in a Google search? If not, you should should block your profile from appearing in search engine results. Consumer Reports <a href="http://www.consumerreports.org/cro/magazine-archive/2010/june/electronics-computers/social-insecurity/7-things-to-stop-doing-on-facebook/index.htm" target="_blank">advises</a> that doing so will "help prevent strangers from accessing your page." To change this privacy setting, go to Privacy Settings under Account, then Sharing on Facebook.

  • How To Remove Yourself From Facebook Ads

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06:46 AM on 03/24/2012
It is a violation of the Terms of Service to share your password with anyone in the first place--your password is the key to your acct--why don't we just hand out keys to our homes while we're at it! The nerve of some people!!! Just tell them you don't have a flipping fb acct!
lincolnparkman
The man with a Plan!
02:27 AM on 03/23/2012
OK - help me understand - I have worked for about 10 companies in my life so far. In each one of them, you are not allowed to give your computer password to even your boss.

So, who are these companies that are demanding Facebook passwords?

I think it's time to publicly disclose who these companies are? They need to be exposed for these practices and let the public know.

The consumer who buys products or services from these companies, after hearing of these practices, will make the final decision on whether they survive going forward...
12:28 AM on 03/23/2012
I agree with the ACLU here. Passwords are private.

Furthermore, wouldn't it be fair then for people to request passwords from the people asking them? I mean turn about is fair play. They wont see it that way but how's it right for an employee or student to have to share their passwords when those asking wont willingly do the same?
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MichaelMcKLA
I'm moving to Pandora.
11:55 PM on 03/22/2012
Clearly, employers who request that info totally scuk. Big time.
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HUFFPOST SUPER USER
fenriswolf26
10:27 PM on 03/22/2012
This is illegal, regardless of being precisely on the books or not and I would refuse to work for an employer that thinks that it'd okay to snoop through your private accounts--facebook or otherwise. It's one thing if they just want to look at your public persona on facebook--what you allow the world to see--though still highly creepy, in my opinion. It's quite another to demand the PASSWORD to your private account. Next is demanding passwords to your email, to your credit cards, to your LIFE. It's a step away from slapping a barcode on you and telling you that your entire life--private as well as professional--is now owned by the company.
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thomasearlva
The more others speak, I fear for the world.
09:55 PM on 03/22/2012
Do we live in country where your private password protected services and social media are 'owned' by the employer? Does the boss also have a right to the credit card number and pin, or the little black book of dates and loves lost? Chip by chip and piece by piece the intrusion continues to erode 1. trust 2. boundaries and 3. common sense . . . if not more things. If mandatory, I'd give them the fake account with the real password for that fake account, as quickly as it could be created. Maybe that'll be the new facebook feature, the panic button obscure your account mode . . . though Google probably's cached the real pages and would offer those up in a search somehow. Oh well, just sue, it seems the last reasonable recourse.
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HUFFPOST SUPER USER
jsgaetano
Legum servi sumus ut liberi esse possimus
09:18 PM on 03/22/2012
I'd tell my boss my password is "FyouMindyourownbusiness"
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HUFFPOST SUPER USER
emmeaki
09:06 PM on 03/22/2012
What's next? Bra size? How many timed you whack off in the shower per week?
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authorized-user
macho macho man
07:30 PM on 03/22/2012
How will this affect the Facebook IPO?
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PenguinLinux
got root ?
06:47 PM on 03/22/2012
I don't have a facebook account and I don't baaaa either.
06:32 PM on 03/22/2012
really??? are they INSANE??? this is like askin for the password to my personal laptop or the keys to my front door so my boss can come over and walk in and help himself and go thru my personal belongings lookin for a reason to fire me....NO NONONONONONONO!!!!!! absolutely freaking NOT!!!! NOOOOOOOOOOOOOOO!!!!!!!!!! am i saying it loud enough? shall i get a bullhorn??? we have constitutional rights to private property and personal privacy. as far as im concerned a computer and the cyber sopace we all visit through the computer is a virtual world wherein we can expect the same basic human rights as in the real waking world including privacy. Bosses need to stay out of my life and out of my bedroom and off my computer and out of my house!!!!!!!! id rather live on the streets and die of starvation slowly and painfully than get a job where all my liberties are subverted and my boss can see my private messages and what i do at home in my private time.
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HUFFPOST SUPER USER
Lalita Amos
My hovercraft is full of eels
06:25 PM on 03/22/2012
This is why HR gets such a bad rap. Employers would never ask you to bring in your magazines and newspapers for the month or stand outside your mailbox, sorting through your mail, before deciding to hire you. By intimidating prospective employees to give up the keys to their personal lives, they are as much as doing exactly that.
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El.Kabong
I'll do the thinnin around here, Baba Looey
06:08 PM on 03/22/2012
How is this even legal? You should be able to sue them for asking....
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07:24 PM on 03/22/2012
In general, things are legal until someone passes a law to make it illegal. Criminal statutes are generally meant to be narrowly construed, so that overzealous prosecutors don't have the power to make something illegal one day by fiat that was legal the previous day.
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HUFFPOST SUPER USER
jsgaetano
Legum servi sumus ut liberi esse possimus
09:19 PM on 03/22/2012
Well I'm sure it IS illegal somehow, but someone needs to take them to court to get them to stop.
07:04 AM on 03/24/2012
It may not be "technically illegal"--but to give out your password would put you in violation of the TOS of just about any online acct you create--I think that is a pretty clear indication that NOBODY has any right to ask for your password to fb or any other acct you have--what's next--are the gonna' want security access to your online banking??? It is a breach of security and you are never supposed to divulge any password to anyone ever! It is the same as hacking--only they are not clever enough to hack in themselves, so they are trying to bully you into giving them access voluntarily! You are responsible for what is posted through your account--you cannot have some schmuck inside your acct. Viewing from the outside is one thing--they don't need to come inside your acct--you are basicly giving them the power to change your settings, impersonate you & post on your behalf--etc, etc--they could do anything they want once they are in (including changing the pw & locking YOU out)--not that they would--but YOU are solely responsible for the actions of anyone you give access to--this is why you don't give out passwords!
HUFFPOST SUPER USER
Mr Fix
06:07 PM on 03/22/2012
Because I have my setting set up so no one can see my profile unless I give them permission too, you better have a warrant to force me to give it to you, because otherwise, I't MY BUSINESS. What does my Facebook account have to do with working for you ?
05:54 PM on 03/22/2012
My favorite take on this (besides, "no, you absolutely cannot have my password") was a commenter I saw yesterday. They said, to paraphrase, that when an interviewer asks for your information, write it down and tell them that if they accept that paper, you are considering it a job offer, because if they refuse to hire you after seeing your sexuality (via relationship status), date of birth, and political or religious views, you will assume that is the reason.

I don't even have anything particularly scandalous, maybe a picture of me with a beer, but there's a reason I keep my account private and have a limited friends list. My private life is just that, and it's going to remain that way.