Are Social Media Employment Background Checks Legal?

social media employment background checks

What do you think of social media employment background checks?

FTC and Social Media Employment Background Checks

When it comes to social media employment background checks, the Federal Trade Commission (FTC) has indicated that it plans to hold employers gaining information about potential employees over the internet subject to the same accountability as employers who obtain information about prospective employees in more traditional ways.

This means, among other laws and regulations, that social media employment background checks must comply with the Fair Credit Reporting Act (FCRA).

As the consumer protection branch of the federal government, the FTC works in part to protect the privacy and reputation value inherent in people’s names. This protection has extended to the FTC enforcing regulations whereby employers must do diligent research into the accuracy of data provided to them about potential future employees.

Traditionally, this research extended to ensuring the accuracy of official reports, like criminal history and previous employment statistics, but recent guidance by the Federal Trade Commission indicates that the FTC is looking at how employers make use of information on the internet.

Why Social Media Employment Background Checks Are Popular

Some companies make money by researching the backgrounds of individuals, and then selling the results of social media employment background checks to prospective employers who may hire those individuals. Employers value this information and are willing to pay money to know how successful potential employees might be with their company. Much of the information sold to employers by information gathering companies comes from internet websites such as Facebook, Linkedin, MySpace, and Twitter.

While often employers can learn a good deal about a job applicant by viewing his or her posts on the Internet, there are concerns about the accuracy of data provided to employers gathered this way. For example, online identity theft could, if undiscovered or not disrupted, cause employers to rely upon false information to reject a prospective employee.

The FTC recognizes this possibility and wants employers and their information providers to take additional steps to ensure that a potential employee is not rejected for a position because online identity theft tainted social media employment background checks.

Social Media Employment Background Checks and Identity Theft

Although FTC conditional approval of social media employment background checks does nothing to stop online pirates from stealing the identity of others, it does encourage employers to make sure information given to them is accurate. Online identity theft may always exist, but now employers know that the FTC may punish them for not verifying data used by them for hiring purposes is reasonably certain to be accurate.

Companies providing data to employers must also take heed of the FTC’s views. The Federal Trade Commission wants these research organizations to ensure that the data they provide to employers will not be used in a way contrary to the law. Responsibility, therefore, on the part of both employers and research firms providing them with the social media employment background checks, will perhaps lead to greater data accuracy albeit at the expense of a prospective employee’s privacy.

Of course, there remains the unresolved issue of whether sites like Facebook will be held liable by the government or in civil lawsuits for damages if they sell false information to firms who use it for social media employment background checks.

Is your Facebook friend wagging the dog?

Internet Attorney Social Media Fraud

Social Media Fraud By The Government?

When I was a young Internet attorney, there was a movie called “Wag the Dog.”

As you can see in the trailer below, in the movie, actor Robert De Niro’s character manipulates the public for the U.S. President by creating a fake war using film footage shot by a Hollywood producer.

The media reports the “war” as if it actually exists, spinning public opinion to support the President. Yet another blurring of the line between art and reality.

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The U.S. government is now apparently about to wag the social media dog in real life.

Here’s how it works…

A government contractor will provide the servers in exchange for almost 3 million bucks. And up to 50 members of the military will each create 10 or so fake (sock puppet) identities to use to manipulate social media conversations for a pro-U.S. slant on things like the “War on Terrorism.”

Who decides what the socket puppets say or who they impersonate? If you’re harmed by interacting with one of these fake identities, chances are your Internet attorney won’t be able to do a thing for you because the government has sovereign immunity.

And where’s the firewall between psychological warfare against jihadists, for example, and using the same sock puppets to astro-turf fake public support for a political cause or even a candidate for election?

This is dangerous territory for any government to dabble in…and more risky if you tried to do the same thing. If you set up sock puppets to manipulate and deceive people online, you could be arrested or sued because of it. Before even considering wagging the social media dog for fun or profit, talk it over with your Internet attorney first.

And be cautious when a Facebook “friend” or a tweet makes a claim about something important to you. Verify before you act.

To your online success!

-Mike the Internet Attorney

Facebook stunt lands guy in jail

facebook website attorneyToo often, as a Website attorney, I see domestic disputes turn into online stalking and harassment. Then there’s this case involving a guy who went nuts when his girlfriend broke up with him.

In this case, the guy threatened his ex, stole her stuff, and then decided to get “revenge” using Facebook as the weapon. He posted a naked pic of her on Facebook and made it public so that a half billion FB users had access to it, including her friends.

Arrested and convicted for distributing the photo, the guy will be spending only 4 months in jail for the stunt.

Your Website attorney will tell you that there are at least two important lessons to learn from this…

1. Don’t take (or let anyone else take) pics or video of you that could embarrass you in the future. It can and will come back to haunt you somehow…often permanently cached somewhere on the Internet.

2. If you have anyone doing work on your Internet business (employee or independent contractor), you’ll want to have a Social Media Policy in place that protects your reputation and limits your liability exposure for what they put on Facebook and other social media sites while doing work for you.

To your online success!

-Mike the Website attorney

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