Questions on Google lawsuit post

A couple questions in the previous discussion thread about the Google privacy case. Both concern permission granted to Google to scan emails.
Google’s stance about this is fairly simple.
Gmail users give explicit permission for their mail to be scanned.
People who send mail to Gmail users give implicit permission for their mail to be scanned.
The plaintiff’s lawyers are alleging that some subset of gmail users – specifically those at Universities that use Google apps and ISP customers like CableOne – did not give explicit permission for their mail to be scanned by Google. They’re also arguing no senders give permission.
In addition to the lack of permission, the plaintiffs lawyers are arguing that Google’s behaviour is in violation of Google’s own policies.
Google thinks scanning is part of the ordinary course of business and they’re doing nothing wrong.
This is an interesting case. I think anyone who knows about email understands that the people who run the mail server have the ability to read anything that goes through. But a lot of us trust that most postmaster and admin types consider it unprofessional to look at mail without a decent reason. There are good reasons an admin might need to go into a mail spool.
Automated filtering is simply a part of life on the internet these days. Mails have to be scanned for viruses, spam and, yes, they are scanned for targeted advertising. I’m not convinced Google is outside the norm when they say that any emails sent through Google is personal information given too Google and therefore Google can use that information in accordance with their policies.

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Inbox challenges and dull email in the tabbed inbox

Getting to the inbox is becoming a greater and greater challenge for many marketers. According to Return Path, 22% of opt in mail doesn’t make it to the inbox.
The challenge to marketers is that a lot of opt in mail isn’t important to the recipient. Sure, they’re happy enough to get it if they notice it, but if it’s not there then they don’t care. They’ll buy from an email ad, but it might not be something they’ll seek out. Recipient behaviour tells the ISPs that the mail isn’t all that important, and a lot of it is just background noise so the ISP not delivering it to the inbox doesn’t matter.
Email marketing is like the Girl Scout of the Internet. If the Girl Scout shows up at your doorstep, you’re probably going to buy those 3 boxes of thin mints. But if she doesn’t, that’s OK. If you really want the cookies, you’ll find the co-worker who is taking orders for his daughter. Or you’ll find the table outside the local coffee shop. The Girl Scout showing up on your doorstep makes it more convenient, but she’s not critical to get your fix. Of course, the bonus of the Girl Scout on the doorstep is that a lot of people who won’t go find the cookies will buy when she’s on the doorstep.
A lot of email marketing triggers purchases that recipients would make anyway. They think they might want a particular product, and when they get that coupon or discount or even just a reminder they make the purchase. The email triggers the purchase of a product the buyer intends to purchase anyway. Some email marketing trigger purchases of things the recipient didn’t know existed, but is so enticing after one email they can’t live without. Some email marketing triggers an impulse purchase. In most of these categories, if mail doesn’t show up in the inbox, the recipient really doesn’t miss it.
Many marketers, despite loud protests that all their mail is important and wanted, know this. That’s why so many marketers are having conniptions about the new Gmail tabbed inbox. They’re losing access to the impulse.
From the data I’ve seen, tabs are effecting email marketing programs. Some programs are seeing more revenue, some are seeing less. I think it really remains to be seen what the long term effects are. For many recipients the new tabbed inbox is a new way to interact with their email. Change is hard, and there is a period of adaptation whenever an interface changes. We really don’t know what the long term effect of tabs on sales will be. Sales may go back to previous levels, sales may increase over previous levels, sales may decrease from current levels or sales may stay at their current levels. The full effect isn’t going to be obvious for a while.
It does mean, though, that email marketers need to step up their game. Email marketing in the age of a tabbed inbox might be less about the impulse purchase and more about cultivation and long term branding.
 
 
 

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Censoring email

It seems some mail to Apple’s iCloud has been caught in filters. Apparently, a few months ago someone sent a script to a iCloud user that contained the phrase “barely legal teen” and Apple’s filters ate it.
The amount of hysteria that I’ve seen in some places about this, though, seems excessive. One of my favorite quotes was from MacWorld and just tells me that many of the people reporting on filtering have no idea how filters really work.

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No expectation of privacy, says Google

I spent yesterday afternoon in Judge Koh’s courtroom listening to arguments on whether or not the class action suit against Google based on their scanning of emails for advertising purposes can go forward. This is the case that made news a few weeks ago because Google stated in their brief that users have “no expectation of privacy” in using online services.
That does appear to be what Google is actually saying, based on the arguments by attorney Whitty Somvichian. He made it clear that Google considers everything that passes through their servers, including the content of emails, covered under “information provided to Google” in the privacy policy. Google is arguing that they can read, scan, and use that content to display ads and anything else they consider to be in the normal course of business.
I have pages and pages of notes but I have some paying work to finish before I can focus on writing up the case. There were multiple reporters and bloggers in the courtroom, but I’ve not found many article. Some I’ve found are:

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