According to the American Civil Liberties Union, “A growing number of employers and schools are demanding that job applicants and students hand over the passwords to their private social networking accounts.”
Congress unsuccessfully attempted to address those concerns with the Social Networking Online Protection Act (“SNOPA”) in 2013. SNOPA would have prohibited employers and certain institutions of higher education from requesting passwords or social networking access from employees, applicants for employment, students or potential students, or from taking adverse actions against employees, students or potential students who declined to provide their passwords or access to their social media accounts. Unfortunately SNOPA was never enacted, despite being introduced three times by New York Congressman Eliot Engel.
Rob Nussbaum has lectured numerous times on legal issues and social media and how social media and other electronic evidence may be admitted into evidence at trial. He concentrates his practice in general commercial litigation and appears regularly in New Jersey federal and state courts.
For any questions relating to whether your website or social media presence can be used against you as a basis for personal jurisdiction, please contact Robert B. Nussbaum, Esq. at Saiber LLC.