FC: New York attorney general will review ACLU's bulk email

From: Declan McCullagh (declanat_private)
Date: Wed Feb 26 2003 - 07:04:41 PST

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    http://www.washingtonpost.com/wp-dyn/articles/A2355-2003Feb25.html
    
        By Robert O'Harrow Jr.
        Washington Post Staff Writer
        Wednesday, February 26, 2003; Page E02
    
        [...] The gaffe, on Monday afternoon, came just
        weeks after the group was chided by New York State Attorney General
        Eliot L. Spitzer for exposing the names, phone numbers and other
        details of about 91 people who bought merchandise in 2001 from an ACLU
        site online. The group apologized, paid a $10,000 fine and agreed to
        implement changes to prevent similar mishaps....
        Spitzer's office said it will review the new case. "This incident is
        disturbing in light of the recent enforcement action," spokesman Paul
        Larrabee said yesterday.
    
        [...]
    
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    Date: Mon, 24 Feb 2003 17:34:37 -0800 (PST)
    From: Shane Ham <alvernon90at_private>
    Subject: ACLU spam
    To: declanat_private
    
    You should also mention that the ACLU privacy policy
    notes their (indirect) affiliation with CAUCE.  And as
    a recipient/victim, I can tell you that the list
    included some prominent anti-spam crusaders were also
    recipients.
    
    Why don't they come out and admit their guilt, offer
    restitution to the victims (most of whom would
    probably decline) and promise to upgrade their
    procedures?  Is it because weasel words are the first
    refuge of a lawyer-heavy organization?
    
    --Shane Ham
    Progressive Policy Institute
    shamat_private
    
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    From: "Meredith Dixon" <dixonmat_private>
    To: ewhitfieldat_private
    Date: Tue, 25 Feb 2003 16:50:29 -0500
    Subject: Re: FC: ACLU replies to Politech, says exposed email was not to 
    members
    CC: declanat_private
    
     >We created the database from scratch, and we got the emails by calling 
    around
     >to these organizations and asking for them, as anyone could do.
    
    In other words, the ACLU was spamming.  Wonderful.  An excuse that is worse
    than the crime.
    
     >We hope that those who share our concerns about the government's assault on
     >our liberties will continue to subscribe to Safe and Free News and will
     >continue their own advocacy on these important issues.
    
    I share your concerns about the government's assault on our liberties.  I also
    have significant concerns, which you apparently do not share, about the 
    sending
    of unsolicited e-mail.  If you had sent me a copy of Safe and Free News,
    I would have trashed it unread on principle, and most probably flamed you into
    the bargain.  I neither associate with spammers, nor tolerate those who spam.
    
    -- 
    Meredith Dixon <dixonmat_private>
    Check out *Raven Days*: http://www.ravendays.org
    For victims and survivors of bullying.
    And for those who want to help.
    
    ---
    
    Subject: Re: FC: Politech members reply: ACLU's bulk mail was spam
    To: declanat_private
    X-Mailer: Lotus Notes Release 5.0.10  March 22, 2002
    Message-ID: 
    <OF40D61E37.4D2F654E-ON85256CD8.004DBE62-85256CD8.004E2048at_private>
    From: JTomaszewskiat_private
    Date: Tue, 25 Feb 2003 09:14:06 -0500
    
    
    Declan,
    
    Along with the spam issue, and the Eli Lily-type mistake of the ACLU, I
    wonder if anyone remembers that the ACLU recently settled a privacy
    complaint with New York State for actions taken last year. One of the
    elements of the settlement is:
    
      "The settlement agreement requires the New York City-based ACLU to 
    strengthen its internal standards relating to
      privacy protection, training, and monitoring. The organization will 
    undergo annual, independent compliance reviews
      over the next five years and make the findings of those reviews available 
    to the Attorney General's office."
                                                                                   I 
    wonder what the effect of this latest e-mail gaffe is going to be on the
    settlement?
    
    John P. Tomaszewski, Esq.
    Chief Privacy Officer
    JTomaszewskiat_private
    Phone: 678-375-1265
    Cell: 678-360-0916
    Pager: 888-478-4408
    Fax: 678-375-1430
    
    The #1 Way to Pay Online
    http://www.checkfree.com/paybillsonline
    
    ---
    
    From: "Jim Harper - Privacilla.org" <jim.harperat_private>
    To: "'Declan McCullagh'" <declanat_private>
    Cc: <EWHITFIELDat_private>
    Subject: RE: ACLU replies to Politech, says exposed email was not to members
    Date: Mon, 24 Feb 2003 20:44:05 -0500
    
    Declan:
    
    I did assume that I was sent the e-mail because I have subscribed to other
    ACLU lists.  My assumption was inaccurate.  However the list was generated,
    though, it easily could, and did, create the impression that recipients were
    ACLU-friendly.  I am . . . much of the time.
    
    This converts it from a privacy tempest-in-a-teapot to a spam
    tempest-in-a-teapot.  To be clear, no one asked me to be on such a list.  I
    like to be informed, so I don't mind ACLU folks assuming I would want the
    e-mail.  (That kind of assumption is dangerous given the terrain in the spam
    debate, no?  I may be unable to sleep grappling with the idea that an
    organization could compile a list of people that overlaps with subscribers
    to its lists, then spam the 'offline'/scraped/address-book list and not
    subject it to the organization's privacy policy.)
    
    I'm satisfied with the apology/explanation. Putting all the recipients in
    the "To:" line was an ordinary mistake, and not that big a deal, but for the
    ACLU's imperiousness when Eli Lilly did the same thing (from the perspective
    of recipients).
    
    I'm happy to hear about the ACLU's "Safe and Free" effort and encourage
    people to support it (in general). Government encroachments are the most
    significant threat to both civil liberties and privacy.  This is the ACLU's
    strength, not commercial privacy issues such as those raised in Eli Lilly.
    
    Jim Harper
    Editor
    Privacilla.org
    
    ---
    
    Date: Mon, 24 Feb 2003 17:48:55 -0800
    From: Brad Templeton <bradat_private>
    To: "Jim Harper - Privacilla.org" <jim.harperat_private>
    Cc: "'Declan McCullagh'" <declanat_private>, EWHITFIELDat_private
    Subject: Re: ACLU replies to Politech, says exposed email was not to members
    Message-ID: <20030225014855.GR2858at_private>
    
    On Mon, Feb 24, 2003 at 08:44:05PM -0500, Jim Harper - Privacilla.org wrote:
     > Declan:
     >
     > e-mail.  (That kind of assumption is dangerous given the terrain in the spam
     > debate, no?  I may be unable to sleep grappling with the idea that an
     > organization could compile a list of people that overlaps with subscribers
     > to its lists, then spam the 'offline'/scraped/address-book list and not
     > subject it to the organization's privacy policy.)
     >
    
    Alas, that's the trouble.  There's no way to let the other party
    decide if you "might be interested" that doesn't open a floodgate
    when you force yourself to apply it consistently.
    
    Aren't all the people who post to the newsgroup comp.sys.ibm.pc
    interested in new PC related products?  Sure seems like they might
    be.
    
    I've worked long and hard on my definition of spam, tried to make it
    as narrow as I could (in fact most of the anti-spam community seems
    to think it's too narrow) but it's hard to see how you can include
    implied transitive permission and make it work.
    
    
    
    
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