Thanks Ann for sharing,
And you are right, this "could" be opening a scary can of worms for
'anyone' who is or has control or influence on delivering messages of
any type, (eg Twitter, Spam Filtering companies, etc).
During the last election this was a concern, Democrats complaining
Republican emails were spam, Republicans complaining Democrat emails
were spam, and some people complaining about both..
But woah! if you ever interfered with a zealot from either party not
receiving his 'gospel' from on high..
However, while free speech is enshrined, so is the right to an
individual to choose not to listen to it. (You don't have to allow them
in your house).
I think it is something (the case) we should all follow though, as it
can have ramifications for all.. I do hope they end up treating a
person's inbox as a 'personal space' where the choice of whether to get
unsolicited free speech is up to the recipient, and that they pass on
the responsibility for making those decisions to their providers willingly.
But it might be that providers do have to give customers the ability to
turn off email categorization.. if they REALLY want to..
Would be nice if you could force all political email's to have a
specified header, and we can put it in a different folder than 'Spam'..
eg 'Free Speech'.. But yeah, we know that would get abused too..
(I would rename my folder 'noise and rhetoric' but you get the point)
I think the argument that 'Spam' category mean sany more than, 'Hey,
our best guess, is that this is probably not something important to you'
is unfair, but you never know what can be argued in court..
I think I speak for others that this mailing list would welcome hearing
any updates and developments surrounding this case.
-- Michael --
On 2019-07-26 11:16 a.m., Anne P. Mitchell, Esq. via mailop wrote:
While at first blush the big news about this lawsuit is that Google is being
sued for suppressing presidential candidate Tulsi Gabbard's campaign's ads,
there is also a piece of the lawsuit where they are suing Google because (they
claim) a disproportionate number of her campaign's email was being put in the
Gmail spam folder. They talk about the opacity of how the spam filter works,
etc...
Now, of course, years ago, when I was at MAPS, we dealt with several lawsuits
from spammers about how unfair it was that they were being filtered because of
the RBL, etc., etc., and they fairly roundly lost.
This however is different, because we have a political candidate claiming that
Google is suppressing *political* speech, the free pass for which is baked
right into CAN-SPAM, as we all know only too well.
Here is our plain English write up of it, which I doubt anyone here needs (the
plain English part), but we also are hosting a full copy of the lawsuit, which
is linked here as well:
https://www.theinternetpatrol.com/presidential-candidate-tulsi-gabbard-sues-google-over-disabling-ads-and-going-to-the-spam-folder-full-text-of-lawsuit-included/
Anne
Anne P. Mitchell, Attorney at Law
Dean of Cybersecurity & Cyberlaw, Lincoln Law School of San Jose
CEO/President, Institute for Social Internet Public Policy
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law)
Legislative Consultant
GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant
Board of Directors, Denver Internet Exchange
Board of Directors, Asilomar Microcomputer Workshop
Legal Counsel: The CyberGreen Institute
Former Counsel: Mail Abuse Prevention System (MAPS)
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