Could Bozeman Montana city officials be prosecuted for Facebook snooping?

Bozeman city officials are requiring certain applicants to hand over social media passwords for background checks.

From the Lori Drew case, we know that violating a social network site’s Terms of Service could be charged as a crime. Here is the relevant language in the Facebook Terms of Service.

“You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.”

So are the applicants violating the law? Or perhaps the Bozeman officials are for inducing this violation?

Should Facebook spell out in its that systematic access to users profile for the purpose of an employment background check is not a permitted use of the service?

The folks at the Electronic Frontier Foundation tell Ars Technica it may be illegal for many other reasons as well.

“I think its indefensibly invasive and likely illegal as a violation of the First Amendment rights of job applicants,” said Kevin Bankston, an EFF attorney. “Essentially they’re conditioning your application for employment on your waiving your First Amendment rights…and risking the security of your information by requiring you to share your password with them…Where does it stop? How about a photocopy of your diary?”