INTERNET SEARCHES FOR VETTING, INVESTIGATIONS, AND INTELLIGENCE
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ers are “the type of workplace property that remains within the control of
the employer even if the employee has placed personal items in it.”
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Comment: Like the employer’s own systems, public information is not
a province to which an employer is denied access in considering candi-
dates for employment or clearance. The only potential issue is the man-
ner in which the employer collects, analyzes, and utilizes the open-source
information found.
In Konop v. Hawaiian Airlines, the Ninth U.S. Circuit Court of Appeals
overturned a federal district court, ruling that a personal, restricted Web
site on which Konop, a pilot, posted critical comments about his airline
employer and labor ...