Judges must follow the ethics rules governing social relationships and contacts when engaged in electronic social networking, an American Bar Association committee has made clear in a new ethics opinion.
Six states now prohibit employers or educational institutions from requiring employees or students to provide access to their social media accounts: California, Delaware, Illinois, Maryland, Michigan and New Jersey.
Lawyers still making their way along the learning curve of social media evidence may struggle to find guidance from court opinions.
But two recent decisions with different results offer some clues on how to narrowly focus a discovery request to pass muster.
The use of social media by lawyers – including blogs and social networking sites such as LinkedIn and Twitter – is continuing to increase, according to the annual technology survey conducted by the American Bar Association.
Employers would be unable to “compel or coerce” employees into providing access to their social media accounts under proposed federal legislation.
Professional networking site LinkedIn faces a $5 million class action for a security breach that exposed user passwords.
A state university didn’t violate the First Amendment when it disciplined a student in a professional program for posting disrespectful and threatening comments on her Facebook page, the Minnesota Supreme Court has ruled.
Employers would be prohibited from asking employees and job applicants for their Facebook passwords under a bill moving swiftly through the California legislature.
Published: March 29, 2012
Tags: Computer Fraud and Abuse Act, Department of Justice, Discrimination, DOJ, EEOC, Equal Employment Opportunity Commission, Facebook, job applicants, privacy, social media, social networking, Stored Communications Act
After recent reports that employers were requesting Facebook passwords from job applicants, state and federal legislators quickly responded with possible legislation and a request for a federal investigation into the legalities of the practice.