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June 18, 2009 4:52 PM PDT

Want a job? Give Bozeman your Facebook, Google passwords

by Declan McCullagh
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If you're planning to apply for a job with the city of Bozeman, Mont., be prepared to hand over much more than your references and resume.

The Rocky Mountain city instructs all job applicants to divulge their user names and passwords for "any Internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc."

"Before we offer people employment in a public trust position, we have a responsibility to do a thorough background check," Chuck Winn, Bozeman's assistant city manager, said in an interview on Thursday. "This is just a component of a thorough background check."

"Shame on us if there was information out there available about a person who applied for a job who was a child molester or had some sort of information out there on the Internet that kind of showed those propensities and we didn't look for it, we didn't ask, and we hired that person," Winn said. "In many ways we would have let the public down."

After local news reports highlighted the requirement on Wednesday, a firestorm of sorts has erupted online: irate e-mail messages have jammed mailboxes in City Hall, snarky Twitter.com comments have poked fun at a place once awarded the sobriquet of "All-America City," and a poll indicates 98 percent of respondents believe the city's policy amounts to an "invasion of privacy."

In addition to the usual requests for a home address and Social Security number, Bozeman's one-page background check form asks for the account information for "current personal or business Web sites, Web pages or memberships." It assures applicants that any information received "is confidential."

Winn said applicants are not required to divulge their social networking log-ins, but warned that there could be repercussions if they lie. "If you say 'I have no driving violation,' and then we run your driving record and it turns out you do, and through further questioning we find out you've been deceitful about it, than that would be cause (for firing)," he said. "That tells us a lot about that particular person. They lied to us and were deceitful."

Under the policy, which the city says has been in place for a few years, a police officer logs into and reviews the social-networking sites of people applying for public safety (that is, police and fire) jobs. For other jobs, the city's human resources department will perform the investigation.

An attorney for the Electronic Frontier Foundation, a digital rights group based in San Francisco, questioned Bozeman's decision to ask for user names and passwords.

"I think its indefensibly invasive and likely illegal as a violation of the First Amendment rights of job applicants," said EFF attorney Kevin Bankston. "Essentially, they're conditioning your application for employment on your waiving your First Amendment rights...and risking the security of your information by requiring you to share your password with them.. Where does it stop? How about a photocopy of your diary?"

One potential privacy concern is that accounts for Facebook and Google, among other sites, are used for more than just displaying photos, videos, and messages. They're also used for e-mail, meaning that a Bozeman investigator could review years of personal messages.

"I don't think the government can condition your application for employment on your giving up your First Amendment rights and your Fourth Amendment rights," Bankston said.

Another possible hitch: Some social-networking sites flatly prohibit disclosure of passwords, so a job seeker who complied with Bozeman's request could lose his account. Facebook's terms of service, for instance, say: "You will not share your password (or) let anyone else access your account."

Bozeman's Winn said the city does not want to be the "taste police" and is focused on looking for evidence of illegal activity. "They can log in themselves," he said. "If not, they can show us what's on their face page. 'Yes, I have a face page but I don't want to show it to you.' That's a fine answer. We'll use other resources out there to do a through background check. We owe it to the public."

CNET News' Elinor Mills contributed to this report.

Declan McCullagh is a contributor to CNET News and a correspondent for CBSNews.com who has covered the intersection of politics and technology for over a decade. Declan writes a regular feature called Taking Liberties, focused on individual and economic rights; you can bookmark his CBS News Taking Liberties site, or subscribe to the RSS feed. You can e-mail Declan at declan@cbsnews.com.
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Add a Comment (Log in or register) (21 Comments)
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by jessiethe3rd June 18, 2009 5:32 PM PDT
Livin' innn Ameerriccaaaa *SING!*
Reply to this comment
by V2Blast June 18, 2009 5:42 PM PDT
Somehow, I don't think many people will be applying for government jobs there.
Reply to this comment
by shamanskyh June 18, 2009 5:46 PM PDT
the fact that they refer to a Facebook Profile as a "face page" really shows this city's true ignorance.
Reply to this comment
by yagottabekidding June 18, 2009 7:33 PM PDT
We CANNOT be giving up our privacy and freedom! Job or no job. I'd tell them to go pound sand.
Reply to this comment
by lordmorgul June 18, 2009 7:56 PM PDT
""They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."" as quoted by Benjamin Franklin
The city does not have any moral or legal obligation to conduct a search of private communications of any applicant. This is clearly infringement of first amendment rights to do without consent, and as EFF attorney Kevin Bankston said it most likely constitutes an illegal requirement for employment... especially because it is a government entity and hiring for a tax funded position.
Reply to this comment
by iwearmatchingsocks June 18, 2009 7:58 PM PDT
'Those who would sacrifice freedom for security deserve neither' - Benjamin Franklin
Reply to this comment
by frankz00 June 18, 2009 8:00 PM PDT
The Goons are coming. These "social networks" are definitely government funded surveillance systems designed to give you the illusion that you are "keeping in touch". The fact is you're being watched. I'll be dead by tomorrow and this post will be deleted before you can read it.
Reply to this comment
by gerrrg June 18, 2009 8:08 PM PDT
What's indefensible is the request for passwords. A government only needs to ask for website IDs, and look over their postings for offensive materials, etc.

Doesn't anyone THINK in Bozeman?
Reply to this comment
by pentest June 20, 2009 4:30 PM PDT
They have no right to look over anything people post.
by carolax June 18, 2009 8:12 PM PDT
One more reason I don't live in Montana.
Reply to this comment
by KeithBeucler June 18, 2009 8:21 PM PDT
Although I strongly disagree with the city of Bozeman's ridiculous request, is it any more outrageous than having your bodily fluids searched? For a country that is based on liberty and freedom, it seems that the fundamentals that this country is based on are just a distant memory. Bye,bye first amendment, it was fun while it lasted.
Reply to this comment
by umbrae June 19, 2009 10:50 AM PDT
I agree with you. Or even a "personality" test. Honestly, everyone should open their own business and stop working for other corporations. These policies will change once no one shows up for employment.
by Orion Blastar June 18, 2009 8:24 PM PDT
They can have my user IDs and passwords when they pry them out of my cold dead hands. :)

This is one of those "Big Brother" freedom and rights violation in which the "Thought Police" totally invade your privacy. I hope that other governments and corporations don't adopt it. I hope that it does not become a tend. It will only lead to more rights and freedom violations.

Who can pass that sort of test, you give out your user IDs and passwords and then violate online terms of service rules and get your accounts deleted. Might as well file for the accounts to get deleted before applying for the job, and then say you had all accounts deleted, and then that would be the truth and they couldn't hold it against you. Either that or delete all accounts and then create new ones that are blank and give them the user ID and password to those new accounts and then they can see that you did nothing on those sites. Would they then refuse to hire you for being too boring?
Reply to this comment
by ITcomposer June 18, 2009 8:37 PM PDT
Easy way to circumvent this, just open up a new set of IDs and voila, hand them over to these morons and they will be giddy thinking that they just robbed you of your privacy.... Losers!
Reply to this comment
by mhungry June 18, 2009 8:48 PM PDT
How can this POSSIBLY be legal? Forget that, how can it possibly be ETHICAL to have my personal logins and passwords written down, in plain english, for all to see? How on earth do they think, as a public employer especially, that they have the right to access my personal email and messages?

It says list "any and all" and they give 3 blank lines LOL...
Does this mean I'd also have to give them my adultfriendfinder.com, bondage.com, and collarme.com logins; if I don't i'd have been "lying" and could be fired?
Reply to this comment
by Einzee June 18, 2009 9:27 PM PDT
Im not totally against what these ppl are wanting. I'd gladly give up my user name for all websites that I am registered on, but there is no way I'd give up a password. It wouldn't be too difficult to run my name cuz it is the same on ALL sites.
Reply to this comment
by Pravitus June 19, 2009 8:03 AM PDT
The apparently undereducated Greg Sullivan has only worked for the city 3 months...

BTW,

Here's contact infor for his bosses....

Mayor Kaaren Jacobson
587-5968
kjacobson@bozeman.net

Deputy Mayor/Commissioner Jeff Krauss
582-2341
jkrauss@bozeman.net

Commissioner Jeff Rupp
586-1380
jrupp@bozeman.net

Commissioner Sean Becker
581-7571
sbecker@bozeman.net

Commissioner Eric Bryson
582-2347
ebryson@bozeman.net

To email the City Commission as a group, please send your email to agenda@bozeman.net, and the City Clerk's Office will forward your email to the Commission.
Reply to this comment
by umbrae June 19, 2009 10:47 AM PDT
Glad I don't live there. Its a very stupid policy. Any person that gives over this information for a job cannot be trusted. What about the old trick:

"Hi, I am from the IT department. Please give me your username and password."

Any person giving the keys to their personal, digital life would not think twice about this and fall for the oldest social engineering hack in the book.
Reply to this comment
by Dalkorian June 19, 2009 11:04 AM PDT
Hitler would be creaming in his pants if he could get this much influence and control over his subjects. Why don't they just require all employees to not only allow them to put networking cameras covering every inch of every room in their homes, but also require them to wear video cameras to prove they're not breaking the law at any time? What's the difference? Oh, don't forget to require them to change their mailing addresses to allow the government to read their snail mail too.

Disgusting.
Reply to this comment
by Magesteff June 20, 2009 6:52 PM PDT
According to the form they were not asking for the "face page" website, they were asking for access to everything, including the right to change or edit anything that might appear there. What would prevent someone in HR from using the information provided to create false information to prevent someone from being hired, or to get them fired if a dispute developes over time?

Time and time again we are warned "Do not give out your username or password to anyone who asks for it. We especially tell this to children. Shame on the City of Bozman for breaching common sense here. Ask for the website address sure, I can understand that - but lots of people use the social sites to complain about past and present employers as a way to vent frustrations safely.

It's like asking an applicant to allow the City to wire tap a phone, just so they can check on the conversations they are having to be sure they aren't part of a criminal organization. Last I checked you still need a warrant for that (even if it is a secret Homeland Security one).
Reply to this comment
by lockerridge June 22, 2009 4:01 PM PDT
Okay now this is getting absolutely ridiculous! I do not even think that companies or organizations have the right to drug test a person before they hire them. If after they hire someone, if that person messes up continuously or in a big way one time.. then they have the right to ask for .. demand... drug testing.. but not before!

This is an invasion of a person private life.. my life is not my work.. my life is mine and my work is the thing I do to have my life! The two should never mix up and become seen as one.. look a carreer is one thing.. that person basically gives themselves to the making of their persona as their job title.. but to just work in the Water Dept. at some town... nah.. this is really going above the board and I for one am shocked that people will subscribe to it to gain a job. That is living in total fear, and never able to have any fun on the internet! No one and I repeat no one represents themselves completely on the internet.. that is the fun and the beauty of it!
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