Facebook spies dig up dirt on Aussies
BY ASHER MOSES
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Large companies and government departments in Australia are employing a new Sydney-based company to dig up dirt on staff by spying on Facebook, MySpace, Twitter and YouTube posts.
SR7 specialises in "online risk and reputation management" and claims to be the only company in Australia that actively monitors social networking sites on behalf of companies.
It was formed about eight months ago in response to the growing trend for people to take conversations they would have traditionally had with mates at the pub on to their social network profiles.
Few people realise these seemingly private sites are still public spaces. If controversial posts leak to the media, it can lead to brands suffering immense damage to their reputations.
SR7 director James Griffin said business was booming following recent public relations disasters sparked by the stupid social network behaviour of a few rogue employees. The firm's clients included "a number of blue-chip companies in a variety of industries" and "government departments and agencies".
This week, two Domino's employees were sacked and arrested after they published videos of themselves on the web fouling up customers' food. Late last year, three scantily clad Californian teens were fired from their jobs at KFC for publishing photos of themselves on MySpace bathing in a KFC basin.
But these are extreme cases, and there are scores of other instances where staff have been disciplined for seemingly innocuous posts, such as announcing in their Facebook status that they are tired of work.
David Vaile, executive director of UNSW's Cyberspace Law and Policy Centre, believes SR7 may be acting unethically and said he suspected companies were using dirt gathered from social networking sites as an excuse to fire people due to the challenging economic climate.
He said the practice could backfire when the economy turns around as people would refuse to work for or trust companies that spied on staff.
He said the issue raised questions over where the boundary is between public and private comments.
"The boss is operating on the basis that this is some sort of global publication that reflects on their company, but that's not the intention of the person," said Vaile.
"It's not the person pretending to be a spokesperson for the company, they're just letting of steam, everyone does it, you hear it in the pub - maybe employers have just got to handle it."
Griffin acknowledged privacy concerns but said companies had a right to protect their brand and reputation online.
"If there's a competitor or if it's a company of interest to a journalist and they stumble across [controversial posts], then it's out there and it's gone," he said.
"I think that whilst employees have the right to have their personal conversations, if they're going to mention or say something or do something ridiculous online in relation to a company, then that's what they've got to deal with."
Griffin argued that monitoring social networking sites was no different to using traditional tools such as Media Monitors, which tracks online and print media reports.
Griffin said the company used both automated tools and human analysis. Once SR7 has met with the client and discussed potential risks, an automated system searches social networking sites and blogs for certain keywords.
Results are then analysed by staff members, who can provide reports to the client on a weekly or daily basis.
Griffin said that for sites like Facebook, where communications are more nuanced, human analysts would scour the site, staff members' profiles and related groups for questionable postings. He did not agree that this was an invasion of privacy because people could change their privacy settings to prevent outsiders from viewing their posts.
"If their privacy settings are set so it's publicly viewable for Joe Average to go on there then yes, we will do that," he said.
Vaile said people, especially younger age groups, did not yet appreciate the legal, professional and commercial consequences of publishing material on the web. He called on social networking sites to modify their terms of use to say that "comments are not intended for industrial reporting or extraction for republication elsewhere".
Steven Penning, a partner with Turner Freeman with two decades of experience in workplace law, has said people who are sacked over social network comments could have grounds to file an unfair dismissal claim, as employment contracts rarely cover staff use of social networking sites.
"What employers are doing is they're scrambling and trying to make out that present policies can be stretched to cover these new areas, and in many respects they can't," Penning said.
- © Fairfax NZ News
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Jimbo #3 The problem is information published by an individual on a social network site, or any site for that matter, cannot be authenticated.
Would you really want your employers "secretly" thinking you were a Green Party activist simply because someone named "Jimbo" created a Facebook profile, which you have no knowledge of, and it says so?
People seem to have forgotten the web as a source of information has severe limitations and drawbacks. And considering fraud, especially personal identity fraud, on the web is rife, how anyone could consider it a reliable source of information is simply beyond rational thinking.
Once we have a means of knowing "without a shadow of a doubt" that someone on the web "really" is who they claim to be, then it might be reliably subjected to the exploitations of companies like SR7. Until then, its a flawed and dangerous concept with zero guarantee information collected on a subject is authentic.
And its a two-way street. Perhaps Jimbo has information about him on the web that implies he's a multi-millionaire with lots of spare change. How embarrassed might an employer be suddenly promoting Jimbo to an executive position thinking Jimbo might invest some of his riches in the business? LMHO
The potential for spreading misinformation has some very amusing possibilities. Perhaps once these information harvesters get a taste of a few, then people might start treating information discovered on the web as it deserves to be treated - like a grain of salt!
People need to take responsibility for what they say and where, and how, they say it. This isn't a new concept. I've worked with someone who was disciplined for having a loud conversation about work processes on a bus - not realising the manager's wife was sitting two seats behind her. Publishing statements on the net is no different: it's like shouting on the street. Anyone can hear you. Setting your profile to private is like shouting during a private party: you have some idea who most of the people who hear you are, but you still can't be sure there's not a gatecrasher. Libel and privacy law in NZ will probably uphold this once these cases get to our courts.
It's not responsible for companies not to keep an eye on what people say about them in public forums (newspapers, on TV, and on the web): avoids later claims of misrepresentation, etc. But is it going to far to discipline a staff member for saying they're having a bad day at the office - probably.
Pure and simple invasion of privacy! Next they'll be bugging my house listening to my discussions on the off chance I say something about the company I work for.
It's an interesting topic. Personally I have my page private, but I don't get too hung up on privacy of things like that, I'm of the mindset that if someone wants to find something out, they will, I do what I can (check the private box) but I don't waste time or worry over much more than that. I mean, I'm not going to start shredding my junk mail so someone can't look in my recylcing bin and see which model of Toaster I circled to potentially buy, or scribble out the 'must have crumpet function' I wrote at the top of the page, "hmmm he likes crumpets..."
The question I have is how is this different to parking outside someones house? If my boss hirers someone to spy on my public (if it was) facebook page and can use that as evidence, can I ask a mate to stand on the public footpath outside their house from 5 till 11 each night and note down what shows they watched and how many drinks they had? How is it different? My mate would get 'moved along' by the police pretty quick just like someone taking pictures of other people at the park. I guess it will become like most of the dodgy private investigators at some point, where ex cons, I mean ex cops, are 'certified' to trawl fb pages for info.
Then again, if something was found on my page and mentioned to me at work it'd probably be the inspiration I needed to get a few other things off my mind.
Hold on, when you sign up to a social networking site you have to agree to the terms and conditions of use, which warn you about having information publicly available. Both MySpace and Facebook have privacy features which enable users to block off unauthorised access. So if you're dumb enough to do stupid things and post them online publicly, expect your employers to be watching.
Companies do drug screens, background checks and police checks before hiring staff, because it's harder to dump staff after they've been hired. There are specific questions that HR and recruitment staff *cannot* ask, because they can be considered discriminatory - like how old are you, are you married, are you pregnant, etc.
Recruiters and HR staff trawl the net researching their candidates behaviour anyway, and often circumvent the discriminatory questions by gathering knowledge that's been made publicly available.
Why should this NOT be applied to existing employees, especially poorly-performing ones? You've offered the information up freely on the net, they haven't broken any laws or ethical considerations by viewing that information, what's the problem?
Anyone using their real information on any social networking site deserves scrutiny. The web is not a place to spill ones life story, nor should it be used by agencies attempt to gather data on people, because there is no guarantee those creating profiles, are who they say they are.
It's nonsense like this that will ultimately doom social networking sites, like facebook, to the scrapheap of history .. and good riddance.
Two issues exist here. Firstly, no company should have this kind of access to private data. Regardless of whether or not a person's profile is set on public or private, it is still a private space. The problem is that there is no restraint! When I go on holiday, I post photos for everyone to see, because I know some of my cousins don't have Facebook so I want them to be able to see my photos. I'm not so sure I will do that now, purely because I know that these photos will be deliberately looked over by some random with a personal interest in my activities.
Second problem is with the media. These companies are set up to trawl sites to essentially get there before the media does. What right does the media have to trawl through anyone's private site? Too often we see articles in the media saying something akin to "their facebook profile said that they were distressed this morning". Talk about shoddy journalism.
I'm more annoyed that the media considers it it's right to follow me around on the web, but acts morally offended when a company is set up to prevent the media from having this ability.
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A curly question here: Let's reverse the situation. Mr X work for a company and he finds his boss has a facebook/bebo/myspace page. On that page are negative remarks about him.... Not mentioning him by name but it's obvious who the boss is referring to. Can Mr X sue the boss either under employment law or personally?