The extensive growth of social media and its contribution has made it possible to create a global village. However, in some instances, social media is a means that companies use to gain information when indulging in criminal acts. Government employees may also be deemed a target which gives them responsibility on what they can and cannot post on social media. Often, this responsibility is essential when it comes to the security of the country and sharing of sensitive information.

Opinions on the Bill

Representative Stephen Lynch introduced the bill H.R 1065 on 7th February 2019. The law requires the Office of Management and Budget (OMB) to submit a report to Congress on the investigation of social media activity[i]. In support of the bill, representative Ron Desantis from Florida spoke in its favor explaining the way non-governmental organizations use the internet to do background checks on their employees before hiring them. However, the government fails to carry out any internet searches on those individuals trusted with security clearance. He went on explaining that social media which is publicly available is the best way to understand  the interests and intentions of employees. Ron Desantis emphasized that the bill would ensure agencies tasked with security clearance would carry out the best practices. The goal was to ensure that those entrusted with sensitive information that can put the country at risk are people with no ulterior motives[ii]. Others in favor of the bill and who co-sponsored the bill were Representatives Jody B. Hice from Georgia’s 10th District and Representative Van Taylor from Texas’ first district.

Public opinion in favor of the bill acknowledges that social media is a vital source of information in today’s lives and the government should include it in security clearances. Congress should also be aware about the way the state uses the data received from social media. Furthermore, individuals who apply for security clearance often expect a level of scrutiny on their backgrounds and their lives since the government may entrust them with sensitive information[iii]. When it comes to the safety of the country, such investigations are critical with perfect examples being Edward Snowden. Snowden worked for the National security agency and had access to sensitive information, He went on to expose the governments’ surveillance programs and leaked detailed information to the country. Usually, any person with security clearance is aware that he or she should protect classified information. The reports would ensure that the checks are thorough and that the scope does not breach any individual privacy rights, bringing lawsuits.

Another example would be Army Private Chelsea Manning who the courts imprisoned after he leaked documents considered classified.  In turn, it triggered a security issue where the system needed to do more criminal and financial security checks for those workers who had already been given clearance.  Private Manning had been issued a security clearance after undergoing the background checks which were not thorough[iv]. Such loopholes made it possible for the individual to leak information and share classified documents. It is this form of background checks that the state needs to upgrade. The reports require the agencies dealing with background checks to follow protocol and the policies. If it has such protocols in place, individuals like Chelsea Manning would be spotted sooner.

However, those opposing the bill feel that the extreme background checks that involve social media activity are a breach of the first amendment; therefore, the state should do away with such measures. The Congress does not need reports on the way security clearances are done, and the information should stay within the agencies issuing clearances[v]. The majority feel that the use of social media in the background checks is cramping on individual rights. Moreover, getting the Congress involved would result in more breach of rights and freedom. If a person’s actions on social media denied them security clearance, it would mean banning government employees from using social media.

Reasons for Voting

The government using social media for security clearance should be an advantage. It can now use social media as prevention through monitoring and scrutiny. In effect, it allows the government not only to avoid giving security clearance to the wrong individuals but also to recognize signs of hostile or potentially dangerous activities[vi]. Usually, this is effected through constantly monitoring information entered publicly and the use of words roughly about five hundred to seven hundred and fifty words which handle national security. However, the information gathered during the scrutiny would not be retained unless it is useful in the approval or denial of security clearance[vii]. Social media has become a platform whereby people share most activities in their lives; hence, the government cannot ignore this process when handling background checks.

The scrutiny of these background checks is a paramount thing for those who require a security clearance. Usually, they include people who hold political office, new employees, the government’s approved contractors, and interns. The highest level of authorization is “top secret.” Having such a clearance gives the person access to classified information, particularly concerning national security. Consequently, it means that the scrutiny is vital to ensure that those trusted with any government information are reliable. Moreover, such individuals would not use the information for selfish gains or even in a way that would jeopardize the security of US citizens.  The information in the background checks includes foreign preferences, security violations, drug involvement, criminal conduct, and personal conduct among others.

Impact on the Community

Often, when people have to report to a higher authority, they ensure their work is good, and they have made no mistakes. The same would be achieved in this scenario. The main agenda for the state is to secure sensitive information which would otherwise pose a dangerous threat to national security. The government seeks to monitor all these processes and ensure there are no potential threats with access to the country’s information. The main impact of this bill would be to guarantee that national security is not compromised through mishaps and failure to be thorough. Often, the government employs numerous people through political processes and the emergence of agencies among others. It implies that without proper systems in place, the security of the country would be in jeopardy through easy accessibility.

The H.R. 1065 Bill Agenda Item

The bill H.R. 1065 involves a study about the use of social media in security clearance. This bill is vital as it will look into the activities required for the background checks on social media. It will  also allow for submission for a report on the security clearance investigations which look at the current use of publicly available social media[viii]. It means that the background checks are not supposed to go beyond what the workers deem to be private. Some people that use social media have gone a step further and enacted the privacy settings for their accounts. In effect, their information is not readily available unless someone was following them on social media[ix]. When the government carries out such security backgrounds, it should acknowledge these privacy settings.

The study will also look at the legal implications that may arise in the examination of publicly available social media activities. Moreover, it will breakdown these implications to determine if they are statutory or regulatory. Using social media in security clearance is a thin line which can lead to lawsuits if not done as per requirements. A majority of people document their entire lives on social media yet also maintain their privacy. While using photos on social media, it is paramount to be thorough and not rely on assumptions. Given that security clearances are supposed to impact a person’s life in terms of their jobs and income, it would be wise to avoid unnecessary mishaps. Consequently, it would not only prevent lawsuits but also would ensure that the people are right for the job.

The study will also scrutinize any pilot programs that the state has used or incorporated into social media checks. Mainly, it would involve looking at the effectiveness and costs of such programs. At the moment, there is the SF86 which is the Electronic Questionnaire for Investigation processing. It is an online form that a worker should fill before further investigations are done[x]. Typically, the application covers information on the individual’s job history, finance, and education. Other data includes personal details like references, relationships, person’s allegiance to the country, foreign influence, criminal history, alcohol consumption, drug involvement, mental, emotional or personality disorders, and other forms of outside activities. Often, the applicants are encouraged to be transparent. Based on this information, the government can use social media to determine if it is true or not.

Also, the state uses some programs to search for certain keywords when it comes to national security threats. They look into such words on an individual’s public social media. The effectiveness and costs of these programs are vital knowledge for the government as there is room for improvement.

In conclusion, it would be wise to support the bill which would provide for a report on the use of social media in security authorizations or clearances. Since the introduction of the social media investigations in 2016, some mishaps and ineffectiveness have prompted the department of defense to take over form the federal government in the background checks. The study will look into the efficiency of the background checks which shining a light into any errors that may lead to lawsuits. If this bill is assented, it will be known as “The social media use in the Clearance Investigations Act of 2019.” It is satisfactory for an individual to be part of an action that may have a positive impact in the future.

[i]“H.R. 1065 — 116th Congress: To Provide for a Study on the Use of Social Media in Security Clearance Investigations.” GovTrack.us, 2019, www.govtrack.us/congress/bills/116/hr1065. Accessed on 10 Feb. 2019

[ii]“Where Do You Stand?.” Countable.us. N. p., 2019.Web. 13 Feb. 2019.

[iii] Ibid

[iv] Ibid

[v] Ibid

[vi]Aftergood, Steven. “Social Media In Security Clearance Investigations.” Federation Of American Scientists. N. p., 2018.Web. 11 Feb. 2019.

[vii] Ibid

[viii]“Actions – H.R.1065 – 116Th Congress (2019-2020): Social Media Use In Clearance Investigations Act Of 2019.” Congress.gov. N. p., 2019.Web. 13 Feb. 2019.

[ix]“H.R. 1065 — 116th Congress: To Provide for a Study on the Use of Social Media in Security Clearance Investigations.” GovTrack.us, 2019, www.govtrack.us/congress/bills/116/hr1065. Accessed on 10 Feb. 2019

[x]“Background Checks And Security Clearances For Federal Jobs.” Go Government. N. p., 2019.Web. 11 Feb. 2019

 
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