Facebook Password Bills Are Pointless And Unfair

Law360, New York (July 10, 2013, 11:57 AM EDT) -- "Facebook password" laws have a surface appeal. Facebook and other social media are ubiquitous — with recent data indicating that roughly half of the U.S. workforce regularly uses some form of social media — so legislators and constituents have a personal interest in keeping employers out of their personal electronic communications.

Yet, it is precisely social media’s growing prevalence as a communication tool that makes the overbroad password legislation (which, in most cases, restricts access to publicly available content, not just passwords) so problematic. So when he...
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