If the internet is regarded as a “worldwide conversation,”1 blogging and social networking applications are, increasingly, the language in which that conversation is spoken. These sites wield enormous influence, as evidenced by their role in the election of President Barack Obama. The Obama campaign’s “new-media strategy,” inspired by social networking sites like Facebook, MySpace and Twitter revolutionized the use of the Internet as a campaign tool, helping Mr. Obama to raise more than 2 million donations of less than $200 each and to mobilize hundreds of thousands of supporters during the primaries, and leading up to the General Election.2 The old “knock on the door” strategy was replaced and its effectiveness dwarfed by instantaneous delivery of mass Internet messages and the ability to have two-way communication at times convenient to all participants.

In the employment arena, blogging and social networking sites offer employers a uniquely inexpensive and efficient method for gathering information about potential candidates. Moreover, progressive employers can simultaneously utilize these technologies to advertise employment opportunities, recruit employees, and connect with existing and potential customers. Notwithstanding these various benefits to the employer, monitoring employee blogging and social networking raises a host of legal issues.

Background