Techdirt lawsuit settled

Back in 2017 Techdirt wrote a series of articles about Shiva Ayyadura. Shiva claims he invented email. (narrator voice: he didn’t). I wrote about the lawsuit when it was dismissed on First Amendment grounds. The parties cross appealed, and have been in settlement talks for 18 months.

According to Techdirt, the non-monetary settlement they agreed to is that all the articles in dispute will have a link to a statement published by Shiva.

You may wonder how it could possibly take 18 months to negotiate a settlement about adding links to old articles — and, indeed, I wonder that myself. The entire process has been quite a pain for us. I cannot and would not describe this result as a victory, because this has been nearly two and a half years of wasted time, effort, resources, attention and money just to defend our right to report on a public figure and explain to the world that we do not believe his claims to have invented email are correct, based on reams of evidence.


What’s up with gmail?
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CASL Private Right of Action Delayed

Today the Canadian Government announced they were suspending the provision that allows individuals to sue marketers for violations of CASL.
Under these provisions, individual Canadian consumers had a private right of action. Any Canadian could sue any company that sent mail violating the law. This part of the law upset many senders and marketers. I’m sure many are relieved at this delay in enforcement.
 
This delay has no effect on the other major CASL provision with a July 1, 2017 deadline.
On July 1 a 3 year waiver on implied consent collected prior to CASL will end. What does that mean? Implied consent is just what it sounds like. Under certain conditions, senders can assume they have legal consent to mail the recipient. These conditions are spelled out in Section 10(9) of the law. Implied consent expires after 2 years. However, companies were granted a 3 year waiver on this provision for email addresses collected prior to July 1, 2014.
The waiver allowed senders to continue mailing addresses with implied consent even after the 2 year expiration.  This was to allow companies time to convert implied consent into express consent as to not lose recipients. There are about 3 weeks left for senders to get explicit permission to continue mailing addresses collected prior to July 1, 2014.
Additionally, as of July 1, 2017 CASL requires a parliamentary committee to review the law and its operation over the last 3 years.

Many senders are thrilled with the indefinite suspension of the PRA. It was, I think, one of the parts of the law that worried people the most. Allowing any citizen to sue someone who sent them mail they thought violated CASL? That concept struck fear into the hearts of many a legitimate marketer. I was never quite so sure it was going to be as bad as some thought.
A few years ago I had the opportunity to sit in a conference session with an individual from the Canadian government. They explained that there were significant barriers to individuals suing senders. Plaintiffs must file in provincial courts, not local ones. Second, defendants couldn’t be under investigation by the CRTC and a PRA at the same time. The presenter implied that CRTC had priority over any joint defendant. Finally, the plaintiff must prove actual damages. This is difficult for defendants that use a freemail provider like Gmail. There aren’t really damages in that case.
The overall gist of the session was that PRA in Canada was not that simple. Individuals wanting to sue had some bigger hoops to jump through than just filing something in small claims court. Nevertheless, I’m sure that many senders are relieved to hear the PRA is indefinitely suspended.

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Happy New Year!

Well, we mostly survived 2016. A year ago I was making predictions about how 2016 would be the year of email security. I was thinking of things like TLS and authentication and access to the inbox. It wasn’t out of the question, Gmail said they’d be turning on p=reject sometime mid-year. They also were suggesting that they would be putting more value on messages that aligned, even in the absence of a DMARC signature. The first still hasn’t happened, and the second doesn’t appear to be in place, either.
DataSecurity_Illustration
That doesn’t mean email security wasn’t a hot topic in 2016. In fact, the use of a private email server was a major topic during the US elections. We also had spear-phishing play a major role in the compromise of campaign systems. I didn’t talk much about that here when it happened, but news reports make it clear that Chairman Podesta and others were targeted for compromise. The NY Times has a more in depth article with broader context around the attacks and how emails were used to infiltrate a major political party.
The irony is with all the time spent talking about how insecure the private server was, that server wasn’t compromised. Instead, the compromise was at Gmail.
We all need to pay attention to our email and how we use it. It also means when we’re sending bulk and marketing email we need to consider the private and personal information we’re putting in messages. Do you send PII? Is there a way you don’t have to? What can we do to protect our brand and our users?
It’s not just bulk email we need to think about, either. Personal email can contain PII, or personal information. A common saying among some of my security friends is “never put in email anything you wouldn’t want to see on the front page of the Washington Post or NY Times.” That’s an easy thing to say, but the convenience of email makes it easy to share information that we may not want on the front page of either paper. Many of us aren’t actually targets of malicious activity so we don’t have to worry about being targeted the way elected and other officials are. But that doesn’t mean we are not at risk. It just means we’re at less risk than others.
Email is a frequent vector for malicious actors to access computers. Most, if not all of the major breeches in the last few years have started with a phishing attack of some sort. The attacks are planned out and sophisticated. This is not going to get better. The phishers are smart and plan the attacks.  We also need to be more personally aware of security given the current political climate. We need to take steps to protect ourselves more than we have in the past.
Security is more important than ever and we all need to protect ourselves.

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Email addiction survey

The great folks over at Zettasphere and Emailmonday have released their Email Addiction Survey. Nothing surprising in the data that I can see, although I suspect one particular data point is going to surprise folks.

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