A federal lawmaker failed to convince his colleagues to adopt a social media privacy amendment to a federal cybersecurity bill, but legislators in several states have had better luck, as a number of bills recently became law.

Rep. Ed Perlmutter (D-Colo.) unsuccessfully moved in April for adoption of a social media privacy amendment during the House's debate on the Cyber Intelligence Sharing and Protection Act (H.R. 624). Perlmutter's measure would have limited access to the social media passwords of employees by companies or the federal government.

His amendment, part of a motion to recommit H.R. 624 to committee, was not adopted by a 189-224 vote.

Meanwhile, legislators in New Jersey, Utah, New Mexico, Arkansas, and Washington state looked more favorably on social media privacy bills this year. Measures in each of the states regulate company access to the personal social media accounts of employees and job applicants, except for the New Mexico law, which is limited to applicants.

• New Jersey's A. 2878 received final legislative approval March 21, and is pending before Gov. Chris Christie (R).
• Utah Gov. Gary R. Herbert (R) signed H.B. 100, which takes effect May 14. The measure includes provisions protecting the accounts of current and prospective students in institutions of higher education.
• New Mexico's S.B. 371 was signed by Gov. Susana Martinez (R) and takes effect June 14.
• Arkansas Gov. Mike Beebe (D) approved H.B. 1901 April 22, and also signed H.B. 1902, which addressed personal student accounts. Both measures become effective 90 days after the Legislature adjourns, which was extended by a two-thirds vote of both houses to May 17. 
• Washington state legislators unanimously approved S.B. 5211 and sent the bill April 28 to Gov. Jay Inslee (D) for his signature. It is pending.

Although the U.S. House declined to regulate employers nationwide during its cybersecurity debate, it could return to the issue if it acts on H.R. 537, the Social Networking Online Protection Act (SNOPA). The measure also proposes limitations on educational institutions, from elementary schools to institutions of higher education.

If enacted, the secretary of labor would be empowered to impose fines of up to $10,000 against companies requesting login credentials from employees and job applicants.

The House Committee on Education and the Workforce referred SNOPA to two of its subcommittees April 23.

Copyright 2012, The Bureau of National Affairs, Inc.