社交媒体和技术在工作中的运用 英文

Prohibits intentional access to electronic info w/o authorization or intentionally exceeding that authorization
Prohibits intentional access to a computer w/o authorization or obtain info

Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030


Supervisors may also be subject to civil Liability!!!

Pietrylo v. Hillstone Restaurant Group (D.N.J. 2009) Konop v. Hawaiian Airlines, Inc. (9th Cir. 2002)
Social Media and Technology

Supervisors may also be subject to civil Liability!!!

Pietrylo v. Hillstone Restaurant Group (D.N.J. 2009)




Employee created chat group on MySpace accessed by invitation by other employees. Supervisor asked other employees to provide him their password to obtain access and later fired the employee. Employee sued his employer under the Stored Communications Act (“SCA”) and WON! Jury awarded employee compensatory and punitive damages. Employee created website, which was only available to co-workers, where he criticized company. Company VP asked employee to give him password for website. Court found that this violated the Stored Communications Act (“SCA”) and constituted an unfair labor practice.
Social Media/ Technology in the Workplace
Francisco J. Ortega
Social Media and Technology

Facebook Statistics
955 million active users as of June 2012 During March 2012, on average, 398 million users were
Social Media and Technology

Range of Online Applicant Screening



Google candidates for publicly available information “Shoulder surfing” – asking the job candidate to log onto a social media website while the employer looks over the candidate’s shoulder Asking candidates to “friend” them on Facebook to access info Requesting candidates to provide their social media passwords

What are the pitfalls?

IT CAN BE SEEN AS A PRETEXT FOR DISCRIMINATION!!!

Employer may learn about the candidate’s religion, national origin, age, disability, pregnancy, sexual orientation, or other protected health info
Social Media and Technology

Twitter Statistics
There are 100 million active Twitter users; 50% of these
users log in daily. 11 Twitter accounts created every second. On a busy day, Twitter sees 175 million tweets. Twitter is ranked one of the ten most visited websites worldwide. Twitter handles more search queries per month than Yahoo and Bing combined (24 billion).

Also, employer may learn about employee’s protected “concerted activities.”
Social Media and TeБайду номын сангаасhnology

Is this Illegal?

Two U.S. senators asked the U.S. Attorney General and EEOC to investigate this employment practice. Stored Communication Act (“SCA”), 18 U.S.C. § 2701
active with Facebook on at least six of the seven days of the week. More than 125 billion friend connections on Facebook at the end of March 2012. On average, more than 300 million photos are updated to Facebook per day. On average, there are 3.2 billion “likes” and comments generated by Facebook users per day.