funsec mailing list archives

Re: question on privacy policies


From: Jeffrey Walton <noloader () gmail com>
Date: Sun, 17 Jul 2011 15:00:58 -0400

On Sun, Jul 17, 2011 at 10:24 AM, Gadi Evron <ge () linuxbox org> wrote:
Hi folks,

Has there been some sort of evolution to privacy policies to include
third-arty emails?
As in "invite your friends" or "send this to your friend". Is there any
currently used clause for privacy policies to deal with these emails, or
can the sites just do whatever they want with them right now?
I believe they fall under violations of the CAN-SPAM Act: (1) they are
sent in bulk, (2) they are for commercial purposes, (3) the messages
are not clearly identified as advertisements, (4) they use false
header information, (5) they don't properly comply with opt-out
procedure, and (6) they don't honor the opt-out in a timely manner.

(1) is kind of a moot point as all these messages are considered
commercial, which is covered by (2).

For (4), the From and Reply-To are unmonitored, throw away boxes. So a
reply with 'Remove' or 'Unsubscribe' is ignored.

In addition to violating item (5), these companies will take you to a
website to remove yourself, which usually means you must agree to
Terms of Service (perhaps the terms of services states you agree to
future mailings).

I can't wait to see someone nail Facebook, MySpace, Comcast, Verizon,
Dell, HP, or Network Solutions.

Jeff
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