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Paul McNamara

A data breach with a twist

The info is out there somewhere, but the question is where

By Paul McNamara on Tue, 09/22/09 - 1:14pm.

An employee at a Wyoming bank screws up and sends a bunch of confidential customer information to the wrong Gmail account. When the inadvertent recipient fails to even acknowledge a subsequent "please delete that" plea from the bank, the bank sues Google to force the company to cough up the recipient's contact information.

(2009's 25 Geekiest 25th Anniversaries)

From Wired: "Google said it wouldn't comply without a court order, and even if it does receive a court order, its policy is to notify an account holder and give the person a chance to object to the disclosure of his or her identity. The court is considering the bank's request."

It's easy to appreciate the bank's predicament here.

What's much less clear is why it should be Google's problem.

And it's very difficult for me to understand why a judge should drag the unknown Gmail user into the middle of this mess.

(Update: Don't miss the comments on this post below; it's a spirited debate.)

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Stoopid

0

If the gmail account holder uses the information illegally, prosecute them for that. Otherwise, they've done nothing wrong: leave them alone. The account may even be abandoned (I've abandoned several free email accounts). Make the bank pay for credit protection for the affected customers: sending confidential information by email without some kind of control (link to password-protected retrieval site or password-protected, encrypted file) is reckless and irresponsible.

External email accounts -> NOT SECURE

0

Why was this employee forwarding ANY bank information to an external email account anyway, especially gmail (same for Yahoo!, etc.). Forwarding any information to an external email account is a security breach and against company policy at many companies (including mine). Why even bother to have network security or VPNs?

I hope this employee was at least disciplined. If this was willfully sent to an external email account, I hope the person was fired.

Maybe the email recipient just hasn't looked at their email for a few days and doesn't even know the message is there. Or the account is abandoned as mentioned above.

Gmail and "free mail"

0

I personally do not like to send ANY mail to anyone using a gmail or any other sort of "free" e-mail account for the specific reason that you can create as many e-mail names as you want and there is nothing done to verify who it is that is setting up the e-mail account. I absolutely do not trust any e-mail that I receive from any of these free mail domains either.

Businesses that use any sort of a "free" e-mail account are not a real business in my mind. If they can't pony up for a web site with a real IP address where you can at least see what or who the company is before you deal with them is not worth dealing with.

The current trend of cheap website hosting with no verification as to who is setting up a site is proliferating scams and all sorts of shady dealings. Domain Names should have been left in charge of a highly responsible organization which would verify and certify the legitimacy of someone registering and setting up a web site. But the barn door has been left open too long now so to quote an old addage "Buyer Beware" then so too should it be "Viewer Beware" in this day and age.

Suppose the bank had

0

Suppose the bank had packaged up a stack of blank cashier's checks and shipped them to another bank branch - only to discover after the shipment had gone out that they had the wrong address.

The bank is obviously obligated to attempt to recover its property. A person at the mistaken address that receives the package - in spite of it being misaddressed - not only has no right to the blank checks, he/she is obligated to respond to reasonable requests to return the material.

IT JUST ISN'T ANY DIFFERENT WHEN THE INFORMATION IS PRIVATE CUSTOMER DATA AND THE MEDIUM IS ELECTRONIC.

A lot of the "blame the bank" - "this isn't Google's problem" - "leave the Gmail user alone" comments come down, in my opinion, to pseudo-libertarian notions that each of us has complete sovereignty and has no obligations to protect the rights of others. The world - and specifically this country's legal framework - is just not that cut-and-dried.

Google can't keep fighting this battle forever. It has obligations not only to its apparent customers (some of whom may not be real and as such have no rights) but also to the electronic world around it. A "Do No Evil" corporate policy is not sufficient to shield Google from its responsibilities to uphold the law.

No way

0

If the bank had sent them out to an address that they really could not identify they would not have much recourse. They would have the right to try and contact the recipient. The recipient would probably be in trouble if they used the checks/information. If they had sent cash the recipient would probably have the right to keep the cash.

They would not have the right to go say to the post office and get additional information about the person or location.

Just plain wrong...

0

I'm not sure which law school you went to but you apparently Phoenix or DeVry aren't big on case law.

What comes in the mail

0

Unsolicited mail is the property - free and clear, and without further obligation to the sender - of the recipient.

If I receive a batch of cashier's checks in the mail, I have no legal obligation to do anything.

Illegal use of such unsolicited items is what is illegal.

Congratulations!

0

Congratulations on having the most idiotic outlook I've heard all day!

This is a false analogy

0

The cashiers checks are actual physical property of the bank that has been misdirected. As for the Email to the extent that it exists physically it is the property of 1. Google whose servers it resides in 2. The recipient if they downloaded it to their own device.

good point but it's a felony

0

good point but it's a felony to open mail not addressed to you. that means if the title "Bank of America//wrong address" arrives at your house, you can't legally open it. without a name it's like getting junk mail "to the property owner of w/e" which is what email is like, and not addressed to anyone in particular- it is only sent to an address. if someone sent a box full of checks with the wrong name on it- they are an idiot and should not be working at a bank. but regardless in all of these scenarios- usps is not at fault. usps == google

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