Category Archives: Government in the Metaverse

Do you have a permit for that Pokemon?

Pokemon Screen with PokeStopsAbout five years ago I wrote a blog post about augmented reality and the concerns a city might have over its potential impacts to a community (see Adding Augmented Reality to Your Zoning Ordinance). But I had not noticed the types of issues discussed in that post actually occuring until this week after the release of the incredibly popular Pokemon Go game. If you have not yet heard about the game, it is an app you install on your phone which represents you on a map of your location and allows you to capture Pokemon who randomly spawn while you move through your environment. As with most games, you level up and collect objects as your Pokemon collection grows. There is also virtual infrastructure supporting the game such as PokeStops typically located at points of interest in a community. PokeStops gift you objects when you visit them and spin the stop on your phone. They can also be set up to attract Pokemon. Other fixed objects in the game are Pokemon Gyms where your Pokemon can battle other Pokemon.

So what is the big deal and how does this relate to zoning? The issue people are having is not only the location of the random spawns of Pokemon, but also the placement of the fixed objects, particularly the gyms. The company which owns the game makes the final determination of where these all occur – they don't need to ask permission from a property owner or the city to place their virtual objects. So there have been reports of Pokemon showing up in places that appear to be on private property, and people are trespassing to catch those Pokemon. While this might be an occasional issue with a random person showing up, the more serious problem reported appears to be with the placement of the gyms. Both the gyms and the PokeStops have the potential to attract crowds of 30 or more people at a time.People playing Pokemon

To get an idea of the concerns gyms and the resulting crowds are causing, here's a Tweet from a person who lives in a home in a renovated church on which a gym has been placed.

If you read through @boonerang's Twitter feed, you will see questions raised about impacts to property value and hours of operation. At what point do the impacts become significant enough to warrant the need for government regulation? And if regulation is imposed, will it be through permits? zoning?Right now, it appears the company is the sole decision maker on whether or not that gym remains at this person's house. While they have offered a method by which someone can report an issue with a gym, the removal is totally at their discretion. Should the local government have the ability to require its removal?

The other topic I have not yet seen explored is the potential problems with the type of virtual content. Pokemon Go is a G-rated game with cute little characters and objects. What if someone launches a more adult game with much more adult content? Someone who might tolerate a cute little Pokemon might not feel comfortable with X-rated content appearing on their property, even if it is only virtual. Should adult use zoning ordinances also apply to virtual content to ensure it does not get placed within so many feet of a school or church? And if so, how would the city regulate this and address complaints? A city employee downloading and installing something like Pokemon Go to check on placement of objects might be tolerated, but would downloading and use of something much more adult be allowed even if only used for regulatory purposes?

The world is definitely changing. And now that augmented reality has actually shown up in the form of cute little creatures, it will be interesting to see if or how cities and other government entities address the use of their virtual spaces. The legal questions which might first need to be answered are do property owners have ownership of the virtual space within the geospatial coordinates of their property and does government have the authority to regulate virtual content within the geospatial coordinates of their boundaries?

(The photos in this post show a location where people hang out to catch Pokemon. The one photo is everyone playing and the other is a screenshot showing the gym and PokeStops at this location. The pink petals around the PokeStops indicate people have placed lures there to attract more Pokemon.) 

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Free 3D Software for Civil Engineers

If you regularly read this blog, you already know we strongly believe 3D visualizations and environments will play a big role in the future of civil engineering. Over the last several years we've seen an increasing use of 3D products to help people better plan and build large-scale developments and structures. Last year, FHWA incorporated 3D into their Every Day Counts initiative, and recently President Obama announced the launch of two new digital manufacturing hubs. It's interesting to note the President's weekly address this week covered those launches along with a push for innovative infrastructure – one day, in our industry, both topics will most likely be closely aligned. But like any change or new innovation, there are naysayers and those who resist the transition, and there is little we can do to change their mind. Like the old draftsman clinging to his ink pen and Leroy set, they will be left behind. Instead of worrying about convincing them, we wanted to reach out to all of you who are looking forward to the future yet might not know where to start or to those of you who might be wondering how to pick up some 3D skills without having to spend a lot of money. Below we've listed several programs available for free or at a low cost. They are grouped by complexity of the software.

Introduction to 3D

Autodesk 123D – an Autodesk suite of free 3D software:

While Autodesk's flagship products like AutoCAD and 3ds Max might have a price tag out of reach for most of us, the company fortunately offers several free products you can use to build your 3D skills. You can even use most of these programs to create a 3D print of your creation! Here's a list of each program you can try out:

123D Catch – a computer, web-based, or mobile-based program allowing you to transform a photo into a 3D object

123D Design – a computer, web-based, or mobile-based program allowing you to create 3D designs

123D Creature – a mobile-based app allowing you to easily create a 3D creature

123D Sculpt – a mobile-based app allowing you to easily sculpt 3D models

123D Meshmixer – a computer-based program allowing you to develop 3D models

Tinkercad – a web-based program allowing you to create 3D models (this is free for personal use at this time, but may in the future transition to a low-cost subscription based program).

 

SketchUp – SketchUp Make is the free version of the popular 3D modeling program now owned by Trimble.  

Sketchup Interface

 

3D Tin – this free, web-based program allows you to easily create 3D models. You can save and export them and even send them to a 3D printing site. The key thing to keep in mind before using this site is that it requires a specific type of browser. I was able to use the most recent version of Firefox to access it. Below is the screenshot of a few 3D letters I easily created with the object-based tools. 

 

3D Tin Interface

 

MakeHuman – this is a free, computer-based program that allows you to create human 3D models. 

tree[d] – this is a free, computer-based program that allows you to easily create 3D models of trees. Below is a screenshot of the interface.

tree[d] interface

 

Intermediate Level 3D

The following programs will most likely require a little more effort to learn than those in the introductory category. Fortunately you can usually find your way around the software by making use of the tutorials and community forums available for each program:

Seamless 3D – this is a free, computer-based program that allows you to create 3D models. Below is a screenshot of the interface.

Seamless3D Screenshot

 

Sculptris – a free computer-based program allowing you to create 3D organic looking models

 

AC3D – a low-cost, computer-based program that allows you to create 3D models. At this time, the cost for one license is $89.95. Below is a screenshot of the interface.

AC3D Interface

 

Wings3D – this is a free, computer-based program that allows you to create 3D models. Below is a screenshot of the interface showing a model I uploaded of a creature I made using the 123D Creature software on my iPad.

Rendering in Wings3D of a creature model

RaySupreme 3D – this is a low-cost, computer-based program that allows you to create 3D models. At this time, the cost of the software is $39.99. Below is a screenshot of the interface showing a rounded cube.

Ray Supreme 3D Interface

 

Clara.io – Thanks to Mimetic Core for bringing this site to my attention after I posted this article. The site is in beta, but is very functional and easy to use. I am listing it as intermediate since it appears to offer more advanced 3D features than those included in the Introductory section. This is a free, browser-based program that allows you to create 3D models after you register on the site. There are also several pre-made models available for you to load and edit to get used to the software. You can see the ladybug model in the screenshot below.  

Clara.io Interface

Second Life / OpenSim – I'm including these free, computer-based programs even though many in the industry would not probably think of these as 3D modeling packages. This is probably because while both programs have always allowed people to create 3D models, until last year, whatever people created could not be exported for use in other programs. Fortunately within the last several months, a third-party developed the ability to export models created in these environments. So now, people can use the building tools in Second Life or Open Sim environments to easily create a 3D model and then export it. And even though the building of the model is relatively easy, I put the program in the intermediate category because the interface is much different than any of the other programs listed here and might take some time to get used to. This is because instead of just installing a software package and using the commands like a regular program, people build in Second Life/Open Sim by entering the software through an avatar or digital representation of themselves. I included a screenshot of the interface below showing my avatar building a basic cube in Second Life.

 

Second Life 3D Modeling Interface

 

Advanced Level 3D Modeling

The programs below are more involved than those listed above. Usually they have more advanced features and the interface is more complicated to navigate. While it will take some time to learn these programs, there are many tutorials and resources available online to help teach you what you need to know to use them.

Blender – this is a free, computer-based program that allows you to create 3D models. Blender is a very advanced tool with complex features including the ability to animate objects and create scenes, video games, and movies. Because of this, it does take some time to learn this program. Fortunately there are many resources and tutorials available.

Blender Interface

 

DAZ 3D Suite of Products

In addition to their higher cost 3D program, Carrara (which is still fairly low-cost at $149.95 and $285.00 for the pro version), DAZ 3D offers several free and low-cost programs. Occasionally they have also allowed a free download of their products for limited times throughout the year. While you might have to devote more time to learning how to use these programs, there are many sites out there offering videos and tutorials to help you learn. 

Hexagon – this free, computer-based program allows you to create 3D models. Below is a screenshot of the interface showing a basic 3D object.

 

 

Hexagon Interface

DAZ Studio – this is a free, computer-based program that allows you to create 3D models, scenes, and artwork along with animations and poses. While I've posted this in the advanced section so it could be grouped with the other Daz products, DAZ Studio is actually very easy to use. Below is a screenshot of the interface. My main use of it at this time is to create poses for 3D models of people.

 

 

DAZ Studio Interface

Bryce – this is a low-cost (at the time of the post it was selling for $19.95) computer-based program that allows you to create 3D environments

 

Unity3D – this is a free, computer-based program that can be used to create 3D models. However, most people seem to be using this program to develop 3D environments into which they place 3D models made in other programs. Unity3D is a full-featured, advanced software package that takes some time to learn. Like the other programs listed in this post, there are many sites available online where you can find tutorials and other educational resources to help teach you how to use it. There is also a higher cost pro version of the program available, but most people can get by using the free version – particularly if you are just trying to become familiar with 3D modeling. Below is a screenshot of the interface of the free version showing a scene I created by following a tutorial.

Unity3D Interface

 

(Post updated March 2, 2014 to add Clara.io site)

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Another Voice in the Wind – Thoughts on Qualities of a Virtual Leader

Photo from SL10B

Over the last few days I've been reading the responses to the departure of Rod Humble, the CEO of Linden Lab – the company that owns and operates Second Life. Here are a few sites where you can find some in-depth and thoughtful discussion.

The Oracle of Pixels on Andromeda, written by William Burns

Rod Humble Leaves Second Life on NALATES' THINGS & STUFF, written by Nalates Urriah

Three in ten: a look back over Rod Humble’s tenure at LL on Living in a Modemworld, written by Inara Pey

An Open Letter to the Lindens on Hypergrid Business, written by Maria Korolov

What struck me in a few of these articles is once again the similarities between local governments and Second Life. In at least the first two of these posts, you could replace "Second Life" with "local agency" and most of the article would still apply. There are also many interesting points and suggestions made in each article related to leadership and management of a community and specifically Second Life's community. The comments in these posts got me thinking about what qualities I believe a good leader of a virtual community should have. So I am adding my own voice to the others now discussing the future of Second Life. The points presented below are merely observations I have made from working about 30 years in and for local government, being a member of the Second Life community since late 2006, and actively reading and listening to opinions, thoughts, and ideas from other Second Life members including those from the articles listed above.

 

1. A community leader needs to be confident enough in their abilities and skills to listen to new or opposing views and ideas

This is one of the suggestions I got out of reading the post written by Will Burns. In it he points out that companies can end up with a leader who does not allow any voices of opposition or criticism. And as you might expect, this can lead to poor decisions, mistakes, and failed ventures. This is exactly what can happen with a city – a poor leader who is put in place through either an election or through appointment who refuses to consider any suggestions or comments that do not agree with their own will eventually prevent their city from innovating and growing at best and at worst will diminish its appeal, stability, and sustainability. In some cities, like in some companies, the population will realize something is amiss and will replace their leadership through an election. Other times, the citizenry is left unaware of the actual cause of the community's decline and the leadership remains in power. While I don't have insight into the type of leadership at Linden Lab that Burns might have, I do agree the best type of leadership for any company or agency is one in which opposing views are not blocked or dismissed with absolutely no consideration.

I've also worked at cities where people like Will Burns regularly challenged us, and he is correct to conclude having someone questioning leadership can help motivate and compel an agency/company to improve as long as the leader is willing to listen. This doesn't mean leadership ends up always doing exactly what is suggested, but more times than not, the challenge forces the agency/company to do a better job at making and thinking through decisions.

Photo from SL10B

2. Advisory committees are helpful

Burns also suggests the establishment of an advisory board. To me this seems similar to the citizen advisory committees or commissions often set up by cities. These often provide needed insight and improvement to operations and policy. But for committees to provide the most value, it is critical that they are created and supported under certain guidance with careful regard for who serves in this capacity. Fortunately it looks like Linden Lab already has the Linden Endowment for the Arts – a working committee model from which they can build. Here are some more specific issues to keep in mind:

Decision makers are not obligated to, nor should they perhaps, always follow the recommendations made by an advisory committee. Yet they need to keep in mind that constantly choosing a path in opposition to a committee's recommendations will devalue the purpose of the committee and can risk alienation of its members. If that is happening, it is many times a sign of disconnect between the leaders and the community and both need to work on finding common ground.

These positions are typically held by volunteers from the community so that the committee members bring a more community-based viewpoint to the table. But consideration needs to be given in choosing these members so they are not those who will only use their position to improve their own interests at the expense of the community.  

Usually more than one committee or board is necessary, and for Second Life with its diverse and unique community needs, this seems even more true to ensure the majority of needs and aspects of the community are addressed. 

Committees and boards are supported in their efforts by the decision makers. If necessary this would include financial support in a manner similar to what is done with the Linden Endowment for the Arts.

Bay City at SL10B

3. The leader needs to be engaged

This is one area in which government typically excels over private business – probably because the leadership in a city is usually placed there by popular vote. And you don't get elected by being a diminuitive wallflower. While many companies can still succeed by ignoring this requirement because of the type of product they sell or service they deliver, a community-based company like Second Life cannot really do so and expect to provide anything more than average service. You can better understand the importance people in Second Life place on the engagement of the leadership at Linden Lab by reading the post by Nalates and Inara. Each discusses communication issues and accomplishments – both top issues upon which a citizenry places great focus and emphasis. Mayors and Village Presidents and other elected officials who understand this end up achieving much for their communities while still maintaining an overall positive reputation within the community. Sure they have some naysayers – after all they realize you aren't going to make everyone happy all the time, but they have somehow managed to figure out the secret sauce in pleasing enough people to make them the popular choice at each election. (This could be related to No. 5 below.)

This probably sounds crazy to most business people, but the critical need for this type of leader when the product involves community services makes me wonder if Linden Lab would do best to choose their next CEO from the pool of those who have served as popular and effective mayors. After all, they understand and have experience with leading and managing a community while effectively handling finances and still delivering projects and meeting needs of citizens. Some might suggest along this line of thought a city manager is better suited. But while a chief administrator of a local government might be able to manage a company, they normally lack the community engagement skills elected officials seem to naturally possess. 

SL10B Photo

4. Leaders need to convey passion and commitment to their community

The other critical skills needed by leaders are the ability to show great passion and belief in their community which is why leaders are best chosen from within. One of the primary reasons for this requirement in a leader is that communities, including Second Life, rely on financial investment and economic stability to succeed. Using a city as an example, if I own a major corporation and am looking for a community in which to build my headquarters or base of operation, which city would I pick?

In Strong City, I meet with the mayor – an outgoing, engaged person who makes me feel welcome throughout my entire visit. As the mayor describes their city and its benefits, I sense a strong passion and love for the place from this person. The mayor shares commitments and efforts made not only by the government, but by the private sector to improve, innovate, and grow the area. There is a care and dedication to the needs, assets, and future of the community and its members. The mayor also describes the involvement and engagement of the members of the community in many different areas. I leave with the idea this is a place that is focused on constant improvement and the needs and involvement of its members.

In Weak City, I meet with the mayor – a quiet person who makes me feel as if there is barely time in their day to accommodate our meeting by avoiding eye contact and glancing at the clock. The mayor's voice lacks concern or regard or passion for the place – instead I receive a canned description of what they can do for me and the requirements I must meet to set up shop there. It is all business with little to no discussion of the sense of place or community. The mayor rarely mentions the population or does so in a dismissive and annoyed manner.

If both places are competing for my investment, I am probably more likely to choose Strong City as the site for my new headquarters. Why would I want to invest in a community where even the leader does not seem to care? A positive leadership approach can also extend to attracting people and visitors to your community – not just businesses.

SL20B Photo

 

5. Leaders need to understand the bell curve concept

I've been meaning to write a whole post about this since over the last year, I've come to discover how much of a key the bell curve is to most things that happen to us. But to sum it up in a short paragraph specifically as it relates to a community, good leaders realize the bell curve can be applied to members of a community – those on the left side represent the negative people in the community. You will never win them to your side so quit trying. Those on the right represent community supporters and fans. There is nothing more you can do to win them to your side – they are already there and will always be the community cheerleaders. The key is with the middle or majority of the population. They can go either way and will based on what they hear and see or sometimes who gets to them first. That is the group upon which you focus your attention and resources. I will add here that when this concept was first presented to me, I thought it at first harsh, but since that time have had it explained to me from several unrelated angles. I now believe understanding the bell curve is a crucial part of managing or running anything, but will save the entire discussion for a full post because it is a fascinating yet potentially scary concept I really want to explore.

Photo from SL10B

Moving Forward

While people have questioned if Philip Rosedale was right for the job, I have always thought he made a good leader for the community because to me he displayed all of the aspects of a good community leader based on the requirements stated above. And while this seemed to be demonstrated somewhat in his reference as "Governor Linden" I wonder if Linden Lab never truly embraced the local government similarities or approach because people in general tend to portray and think of government in a negative light. (In mentioning my respect and admiration for Rosedale, I do not mean to imply I think he should return as CEO – he seems to be pursuing new opportunities, and a good leader understands a healthy cycle of new leadership, as long as it is still of a high quality, ensures the community will benefit from new ideas and energy.)

It is too bad these misconceptions about local government exist in people's minds because if Linden Lab would really look into how much they operate as a local government, they would find numerous resources in the local government sector to help them in their management and understanding of and service to the community. They would also find organizations, associations, and millions of other government employees who do understand exactly what they have on their hands and who would freely share tips and advice on managing it all.

Photo from SL10B


A side note and update on my own meager efforts to offer local government resources

For years I've been writing posts on this site about the parallels I've noticed between Second Life and local governments. So much so that I begin to think people are probably tired of reading about it. Those who aren't in Second Life or haven't visited a virtual world probably can't relate to the comparisons nor imagine how something like a virtual world can possibly function as a true community. As for those who are members of Second Life, I don't think many are local government employees and if they are like most people, at least those in the U.S., they don't pay a lot of attention to exactly how local government works. So the end result has been that I'm not sure I've done very well in convincing people of this overwhelming similarity. But I continue posting articles about this topic because the similarity is so glaringly obvious to anyone who has worked in local government right down to the problems and issues that arise because the company has not adopted good local government management practices.

 

A while back, my frustration built to a point at which I moved forward on the one action I felt I as a member of the community could take which was to initiate and help prepare a comprehensive plan for the community. While this started out well, I was forced to slow down the effort last year about this time when I accepted a job offer from a different government agency. If it had been a move to a similar type position, I don't think I would have had to suspend much of what I had been working on, but my new job involved performing in an entirely different function within a whole new framework. It was and continues to be a tremendous opportunity for me so I've been focusing most of my time and attention on getting up to speed and working hard to maximize the value of my work. Over the last year, I was able to complete a few of the other commitments I had already made prior to taking that job, but they were short and didn't involve as much time and effort as a comprehensive plan for a virtual community. Now, after spending almost a year getting familiar with my new job, I finally feel more comfortable getting back involved in developing the community plan. And with the recent loss of the CEO for the company that runs Second Life, I have even more reason to dedicate the time and effort to complete this project. If you want to follow its progress, you can visit the Virtual Vision 2020 website. A draft of the introduction section of the plan is under review and will be posted there in the near future for community review and comment.

(All photos in this post are from last year's Second Life Birthday Celebration – a community run event)

 
Photo from SL10B
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Resources for Developing your 3D Engineering Skills

 

Roadway Design Visualization - Natchez Trace Parkway, MS

 

If you've been paying any attention to the Every Day Counts website, you might have noticed that 3D Engineered Models are now being promoted by the Every Day Counts program. This is because of the potential for this type of technology to cost effectively accelerate construction. However, in addition to this, 3D engineered models offer many other benefits including the ability to better plan and visualize designs and enhance public outreach. If you or your agency or firm have not yet integrated 3D models into your process and are interested in learning more about this technology, you can check out the growing number of resources posted on the FHWA 3D Engineered Models Website at http://www.fhwa.dot.gov/construction/3d/.

Their site offers links to examples of how 3D models have been used in projects along with links to manuals and other guidance of how to integrate and develop 3D models in your own projects. At the end of last year, FHWA also started a year-long webinar training series. Below is a listing of the topics they are offering. You can view past webinars or sign up for future ones at the link given above.

Future Webinars

Applications of 3D Models in the Construction Office February 19, 2014 1:00 p.m. – 2:30 p.m. Eastern
Applications of 3D Models on the Construction Site April 2, 2014 1:00 p.m. – 2:30 p.m. Eastern
Managing and Sharing 3D Models for Construction May 7, 2014 1:00 p.m. – 2:30 p.m. Eastern
Overcoming Impediments to Using 3D Engineered Models for Construction September 10, 2014 1:00 p.m. – 2:30 p.m. Eastern
Steps to Requiring 3D Engineered Models for Construction October 15, 2014 1:00 p.m. – 2:30 p.m. Eastern
The Future: Adding Time, Cost and Other Information to 3D Models November 19, 2014 1:00 p.m. – 2:30 p.m. Eastern

 Past Webinars

Overview of 3D Engineered Models for Construction November 20, 2013 1:00 p.m. – 2:30 p.m. Eastern
Creating 3D Engineered Models January 8, 2014 1:00 p.m. – 2:30 p.m. Eastern

 

Source of Photo used in post: Roadway Design Visualization – Natchez Trace Parkway, MS, http://www.efl.fhwa.dot.gov/technology/Road-VS/Natchez-Trace-Parkway/natchez-trace-parkway.aspx

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Infographic of the Month – December

This month we have an infographic showing the rising need and salaries for IT professionals. IT services support a lot of what we do in government, and if we want to ramp up and innovate delivery of our services, IT professionals will play a key role in supporting our efforts. For those thinking about IT as a profession, the future is looking bright.

Staff.com - IT Jobs with the Highest Pay and Fastest Growth Infographic
Staff.com – Connecting Great Companies with Global Talent

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Employers, Schools, Social Media, and You – An Update

Peep - the all seeing spyIt has been about a year and a half since this blog first discussed (link here) how some employers and public schools were forcing employees and students to allow unrestricted access to their private social media accounts. We also pointed out the risks associated with those actions. At the time, there had not yet been a lot of discussion about this online, particularly when the actions were undertaken by schools. But since then, people have recognized that this was happening, and fortunately, many states now have laws to prevent this abuse of privacy. Also, over the last month or so, I learned another important piece of information that would help at least those in Illinois who end up dealing with a public school system that violates a student's rights. So with all this new information, I wanted to update everyone on the topic.

Addressing a student's civil rights

First and most importantly, I received confirmation of what I had suspected – at least in Illinois, public schools cannot simply call in a student without their parent's knowledge to undergo sensitve questioning particularly when it involves anything related to sex. This is true whether the public school official is the same or opposite sex of the student. Should this happen to someone for whom you are responsible, you can try to talk to the school officials. But if you read the initial article about our own experience with this type of situation, you would know that this does not always work. Some officials choose to enter into a denial and attack mode and refuse to address their abuse of a student's rights. So if that happens and you are looking for resolution of the matter, I finally learned the agency to talk to is the Illinois Department of Human Rights. If you follow that link, there is more information about what actions are prohibited in education and how you can file a complaint. On the flip side, if you are a public school official or manager/supervisor, it is imperative that your staff receives training in these laws. Typically it seems teachers are very aware and respective of any requirements involving a student, but public school officials need to make sure this training also extends to administrative staff.

Another point to remember as a public school administrator is that once you make the decision to force a student to give access to social media accounts, you can potentially gain knowledge of sensitive information that, depending on how it is handled, could again lead to a violation of the student's civil rights or other types of liability. Because of the risks involved and because forcing access to a student's social media accounts can be viewed as a violation of a student's constitutional rights, states have been enacting legislation to protect these rights. All public school officials need to be aware of their own state's laws related to this matter and discuss their policies and procedures with their own attorneys.

Legislation passed to restrict social media access

Even more prevalent have been actions by employers to gain access to an employee's account. In response to this, in 2012, six states passed legislation to regulate an employer's access to an employee's social media accounts: Maryland, California, Illinois, Michigan, Delaware, and New Jersey. Of those, California, Delaware, Michigan, and New Jersey included legislation that also regulated access to social media accounts of students. That year a total of 14 states introduced legislation to address this issue.

And in 2013, according to the National Conference of State Legislatures, ten states, Arkansas, Colorado, Illinois, Nevada, New Jersey, New Mexico, Oregon, Utah, Vermont and Washington, passed either new or additional legislation to regulate an employer's access to their employees' social media accounts. Of those, Arkansas, Illinois, New Mexico, Oregon, Utah, included legislation to regulate access to social media accounts of students. Another 24 states introduced legislation to address an employer's and. in some cases, school's access to social media accounts.

If you are interested in checking out each specific article of legislation, the National Conference of State Legislatures has a comprehensive write up here: 

EMPLOYER ACCESS TO SOCIAL MEDIA USERNAMES AND PASSWORDS 2013

Employer restrictions on the use of social media

Over the years, regulating social media at work through the use of a policy has become more complicated. What employers have discovered is that these regulations need to navigate and take into consideration existing laws and employee rights. That seems obvious, but the reality is that many did not. A good example of what to take into consideration in your policy is found in A Legal Guide To The Use Of SOCIAL MEDIA IN THE WORKPLACE, a document written by the Minnesota Department of Employment and Economic Development and Gray Plant Mooty. This comprehensive guidance covers everything from use of social media during work to its use outside of work and includes discussion about ownership of accounts and copyright issues. While it is written for Minnesota-based employers, it is still a great example of what a good policy should cover and consider.

If you are looking for more of an international perspective, the American Bar Association has a good summary here: Social Media in the Workplace: Employer Protections versus Employee Privacy.

Finally, I've noticed lately some agencies considering policies that would prevent employees from indicating their employer on their own social media accounts. However, before an employer imposes such a restriction they should consult with their attorney and read the decisions published by the National Labor Relations Board (NLRB). In one of their memos, the NLRB suggests that such a restriction might be unlawful. Here is a link to the site where the NLRB has a few more links to their decisions related to this topic: Acting General Counsel issues second social media report.

Overall, whether you are an employer, employee, school administrator, or student, it is important to understand social media is not something to be taken lightly, and the regulation and handling of its use is something that needs to be done with a clear understanding of the law. This can be difficult at times because this involves applying existing laws and rights and human behavior to an ever-changing technology. To ensure a successful and lawful social media policy, each agency should consult regularly with their attorney about their policies, and employees and students need to understand their own rights and responsibilities.

 

Note: This article is for informational purposes only and is not meant to be offered as a legal opinion or decision.

 

 

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