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Penkava v. Yahoo: wiretapping

According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.

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Yahoo looking harder at engagement

In a post this morning, Dan Deneweth from Responsys says he’s received confirmation from Yahoo that they have increased the value of engagement metrics when making delivery decisions.
The really great thing, for the ISPs, about engagement metrics is that they directly measure how much a particular email is wanted by recipients. There’s no guessing about it, it measures how engaged the recipient is with a mail. Even better is the fact that, unlike proxy metrics, engagement metrics are extremely difficult for the sender to manipulate. As a sender I can artificially lower complaints and bounces without improving the mail I’m sending. But I can’t improve engagement metrics without actually engaging my recipients.
As I wrote back in 2010:

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Wiretapping and email

An Alabama resident is suing Yahoo for violating the California wiretapping law. Specifically he’s suing under CA Penal Code section 631. The thing is, this section of the law deals with wiretapping over “telephone or telegraph” wires. That doesn’t seem to apply in this case as Yahoo isn’t using either telephone or telegraph wires to transmit their packets.
Holomaxx tried the wiretapping argument when they sued Yahoo and Hotmail. That case cited a cause of action under both federal law and California law. The wiretapping claim was addressed specifically by the lawyers for the defendants.

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