This month in email: September 2013

laura
Industry
September 30, 2013

Looking back through the month of September there were a couple things talked about on the blog.

Legal cases discussed

I wrote quite a bit about the Google wiretapping case. In this potential class action suit, a number of plaintiffs are suing Google for intercepting emails in violation of the federal wiretapping statutes and state wiretapping laws. On September 5th I attended a hearing on Google’s motion to dismiss in San Jose. The judge issued her ruling on September 26, allowing the case to move forward on most counts. I did a post on the federal claims and some of the judge’s reasons for allowing the case to go forward.
In other court cases, Al guest blogged about Spamarrest losing in court.
I also discussed two instances of companies looking for patent infringers in the email space.

ISP specific issues

The big issue in September was Yahoo releasing recycled addresses. The addresses were handed over at the end of August, but by mid-September we started hearing stories of personal information leaking to the wrong people. Yahoo started scrambling to cope with the problem.

Industry and technical commentary

I did a post about ISP relationships and how who you know is becoming less and less important for email delivery. I also looked at “the volume question” and discussed how volume can affect email delivery. Finally, Steve talked about tips and techniques for analyzing email on the fly without dropping everything into a database.

Google wiretapping case, what the judge ruled

Yesterday I reported that the judge had ruled on Google’s motion to dismiss. Today I’ll take a little bit deeper look at the case and the interesting things that were in denial of the motion to dismiss.
Google is being sued for violations of federal wiretapping laws, the California invasion of privacy act (CIPA) and wiretapping laws in Florida, Pennsylvania and Maryland. This lawsuit is awaiting class certification for the following groups.

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.

Email marketing OF THE FUTURE!

ISPs are continually developing tools for their users. Some of the newer tools are automatic filters that help users organize the volumes of mail they’re getting. Gmail released Priority Inbox over a year ago. Hotmail announced new filters as part of Wave 5 back in October.
All of these announcements cause much consternation in the email marketing industry. Just today there was a long discussion on the Only Influencers list about the new Hotmail filtering. There was even some discussion about why the ISPs were doing this.
I think it’s pretty simple why they’re creating new tools: users are asking for them. The core of these new filters is ISPs reacting to consumer demand. They wouldn’t put the energy into development if their users didn’t want it. And many users do and will use priority inbox or the new Hotmail filtering.
Some people are concerned that marketing email will be less effective if mail is not in the inbox.