It's time for a consumer friendly agreement between ISPs and their customers
I am quite certain this can be improved upon by a competent attorney or two. I am not an attorney. I wrote this for use by a friend who was being asked to turn over social-media passwords, before that was reigned in to some extent last year. Now it seems like it is in vogue again with these requests by the enemy^H^H^H^H^H government for third-parties to turn over our passwords.
This document contains legal terms and conditions which you are explicitly agreeing to if you receive or take custody of the accompanying Credentials. Read it carefully before continuing. If you do not agree, do not accept the accompanying Credentials. A competent attorney would advise you NOT to sign this document and NOT to accept the accompanying Credentials.
The Organization/Company/employer/interviewer _____________________________________ (Recipient) is requesting social media account access methods, account name, user-ID and password(s) (Credentials) from ______________ __________ (Subject) in order to snoop on Subject’s private life and attitudes. In as much as the Credentials to Subject’s accounts can be misused to cause substantial harm to Subject and others, they are provided only on agreement to these terms and conditions, which it is agreed in advance no person or court can change in any way that is detrimental to Subject.
Said Credentials, providing complete unfettered access to computer accounts and social media accounts, are personal and private such that the advice given by security professionals is never to reveal them to anyone else.
This is fair notice that the Credentials must only be saved, stored, transmitted, disclosed, revealed, or otherwise disseminated using the Chain of Custody started below. Neither the Credentials nor the Chain of Custody may be disposed of, trashed, destroyed, or otherwise rendered useless by Recipient except in accordance with these conditions.
Each use of the word Recipient in this document shall mean all of the people noted in the Chain of Custody who have viewed the credentials. The last person in the Chain of custody is solely and individually responsible for ensuring timely payment of any of the timed penalties mentioned for breaches. Any delay beyond the times provided will cause an addition of 50% of the original penalty or damages for every time period or part thereof that subsequently ensues without payment.
Recipient agrees to maintain traceable chain of custody for the account information at all times. Said chain of custody documentation may not be destroyed, except by Subject. Recipient agrees to transmit a copy of the chain of custody every 24 hours to Subject, until the original is destroyed by Subject in a manner of their choosing.
Recipient agrees to use the Credentials supplied only for a period not to exceed 24 hours for each account and to notify Subject when starting and completing their snooping. All Credentials will be changed by Subject at the completion of the snooping facilitated under this agreement not less than twenty four hours after leaving the interview at which the Credentials were collected. There shall be no consequence to Subject for this protection of Subject’s private information. If any adverse hiring decision is predicated upon Recipient’s inability to use the Credentials in a timely fashion, damages will be due to Subject of not less than $10,000.
Recipient agrees to note time and date of use of the Credentials as if they were changes in custody of the information.
Recipient agrees not to change the Credentials on any account, even temporarily, during their custody of the account. Recipient further agrees to indemnify Subject against any expenses incurred while regaining control of the account(s) in the event that Credentials are changed and further agrees to provide $10,000USD as a minimum cash payment to achieve said regained control, within 4 hours of being notified by Subject of their loss of control of the account.
Recipient agrees not to edit, add, alter or delete any information from the account and agrees not to post anything to the account and agrees to indemnify Subject for anything apparently posted by the Subject which is in any way out of character for said individual. Said indemnification to include any real or perceived damages that arise as a result of any inadvertent posting to the account in the sum of not less than $10,000USD.
Recipient agrees not to engage in any discussion, Instant Messaging, video, e-mail, voice or other contact with any of Subject’s contacts or friends, and not to accept or initiate any “Friend” requests or perform any similar actions, and not to impersonate Subject while Recipient is performing their snooping. If any inbound attempt at contact is made during said snooping, it is to be refused using the words “This account is currently in the custody of <Person’s name> at <Company name>, not the original owner. Please try again after a few hours when custody will be returned to the original owner”.
Recipient agrees not to store or save (either electronically or on paper) any of Subject’s friends’ or contacts’ details, including but not limited to their name, address (postal or electronic), phone numbers, date of birth, photograph or likeness, or any other personally identifying information. This paragraph shall also be construed to deny Recipient the ability to save raw network data which includes Subject’s, or his contacts’ information.
Recipient agrees that no part of this agreement may be made public except with the explicit written consent of the Subject. Recipient’s consent is not required for the Subject to make this agreement public in whole or in part.
This paper will serve as the first evidence of Chain of Custody. Every person handling this information is required to print and sign their name and the date and time and place of exchange of custody of the accompanying private information. Failure to properly complete the chain of custody could cause irreparable harm to the Subject of the information and each failure to properly and completely provide all information required is subject to an agreed minimum damages penalty of $5,000USD payable by the last individual noted on the Chain of Custody forms to Subject immediately on demand. Taking custody after provision of the information is explicit agreement to this provision by each and every custodian.
If a new page is added to the Chain of Custody that shall be noted at the bottom of each page as “Page <number> of <Total> pages extended to <Total+1> pages by <name> on <Date/time>” who shall also appear as the first completed entry on the new page.
This agreement made on <date> by and between
Recipient (Printed Name) Subject (Printed Name)
Title
Signature Signature
Chain of Custody
Printed Name Date Time Place of transfer Signature
Attribution may be given to DU if this is used for any substantive purpose.
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