Oregon has officially joined Delaware, California, New Jersey, Michigan, Arkansas, Utah, and New Mexico in protecting their schools, school employees, students, and taxpayers from the costs and legal liability issues associated with social media monitoring students and employees. Under Oregon SB 344:
public or private educational institution may not:
(a) Require, request, suggest or cause a student or prospective
student to disclose or to provide access through the student's or
prospective student's user name or password to a personal social media
(b) Compel a student or prospective student, as a condition of
participation in curricular or extracurricular activities or of
acceptance, to add a coach, teacher, administrator or other employee or
volunteer of the educational institution to the
student's or prospective student's list of contacts associated with a
social media website.
(c) Take, or threaten to take, any action to discharge, discipline,
prohibit from participation in curricular or
extracurricular activities or otherwise penalize a student or potential
student for refusal to disclose the information or take
actions specified in paragraphs (a) and (b) of this subsection."
enactment of SB 344 will greatly benefit schools, school employees,
students, and taxpayers because collectively public and private
educational institutions in Oregon may save millions of dollars in
potential compliance costs
and tens or hundreds of millions of dollars in potential costs
associated with social media related lawsuits. SB 344 along with
similar laws around the country have banned schools from being able to
utilize the social media monitoring services of UDiligence, Varsity
Monitor, Fieldhouse Media, and Jump Forward to track the personal social
media accounts of students and school employees.
appears that the only way for the above mentioned social media
monitoring services to properly track students or school employees is if
a student or employee either
downloads an application onto his personal digital account(s), or
provides a username(s) and/or password(s) to his personal account(s), or
student authenticates his social media account(s). These services may
claim that all they need to properly work is a student's name or alias
to search for a public social media account. However, performing an
Internet search and guessing that an account belongs to a particular
student just because it is on the Internet may put you in the same
position as one of the people portrayed in this hilarious State Farm Commercial. According to CNN, as of last August, Facebook may have at least 83 million fake accounts and according to PRWeek, Twitter may have as many as 20 million fake accounts.
least 36 states have introduced social media privacy legislation along
with Congress. It may only be a matter time before every state bans
schools from utilizing the social media monitoring services of the above
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