We Oppose AB 25: California legislation which allows employer access of password-protected social media (including Facebook, Youtube, etc).

Once the door is opened to diminishing privacy rights of any one class of public employees, such as law enforcement, a dangerous precedent will have been established for all other employees. AB 25 could lead to discrimination against an employee based on personal lifestyle. Social media accounts often detail very personal information that is currently protected by our anti-discrimination laws.

"Your profile lists you as a Muslim, really?"

Access to messages and chat which are private conversations clearly require a warrant. Katz v. United States 389 U.S. 347 (1967) established a constitutional right to privacy that would be seriously eroded were AB 25 to become law with the peace officer exemption. When a citizen’s reasonable expectation of privacy is established, government and law enforcement cannot and should not legally intrude without probable cause for a warrant.

"Is that a picture of you at the Gay Pride Parade? I think I also recognize Juan from the Legal Department, was he with you?"

In addition, it is important to note that invading the privacy of public sector employees also will intrude on the privacy rights and expectations of every person those individuals connect with through social media. Third party postings would become unnecessarily compromised by the prying eyes of law enforcement without any knowledge or consent of the third party. Thus the decision to allow enforcement to look over the shoulder of applicants is not a narrow one at all; it means that all the individuals they connect with on the Internet are actually being subjected to the surveillance as well.

We urge the California State Legislature to vote NO on AB 25!