Wired reports that six states now bar employers from demanding social media passwords from employees and/or job applicants. Link to Wired article by David Kravets.
To pull this off, lawmakers had to confront the problem of defining, by statute, just what "social media" might be.
Proposal: for a prospective post to run on Counselor @ Law, I'd like to solicit the input of several internet/privacy lawyers to "grade" how effectively each legislature defined social media. If you're willing, please grade from A through F. Please also make one or more brief remarks or observations, either about a given state's definition, or a pattern, problem or solution you are seeing?
If you choose to participate, please also supply me with a one sentence bio for you and a blog or profile I can link to. By participating, you give me permission to run your grades and contributions on my blog, and also on any other blog I grant permission to syndicate the piece. You will also have my permission, and will grant to all other "graders" the same permission, to run the piece, or derivatives of it, on your own blog.
Below is the result of a good faith effort to find the relevant definitions from each of the state laws. Please note: I have not yet independently verified that the New Jersey language is in the form of the final law as reportedly signed by the Governor. In other cases I believe I have either referenced the public law or been able to find a database noting that the legislation had become law.
As used in this chapter, "social media" means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.
http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1844_bill_20120911_enrolled.html
“Social networking site” means an internet-based, personalized, privacy-protected website or application whether free or commercial that allows users to construct a private or semi-private profile site within a bounded system, create a list of other system users who are granted reciprocal access to the individual’s profile site, send and receive email, and share personal content, communications, and contacts.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+309/$file/legis.html?open
For the purposes of this subsection, "social networking website" means an Internet-based service that allows individuals to: (A) construct a public or semi-public profile within a bounded system, created by the service; (B) create a list of other users with whom they share a connection within the system; and (C) view and navigate their list of connections and those made by others within the system. "Social networking website" shall not include electronic mail.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0875
Note: Maryland uses the term "personal account or service," and does not appear to define it.
(b)(1) Subject to paragraph (2) of this subsection, an employer may not request or require that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device. (2) An employer may require an employee to disclose any user name, password, or other means for accessing nonpersonal accounts or services that provide access to the employer’s internal computer or information systems.
Labor and Employment §3–712 - have to search in: http://mgaleg.maryland.gov/2013RS/Statute_Web/gle/gle.pdf
“Personal internet account” means an account created via a bounded system established by an internet-based service that requires a user to input or store access information via an electronic device to view, create, utilize, or edit the user’s account information, profile, display, communications, or stored data.
http://www.legislature.mi.gov/documents/2011-2012/billenrolled/House/htm/2012-HNB-5523.htm
“Social networking website” means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system.
http://www.njleg.state.nj.us/2012/Bills/A3000/2878_I1.HTM
Initial posting: January 7, 2013.