I was writing a nice direct note to Jonathan following Hal Murray's lead when this email arrived. Obviously too late to be nice. I will still send it out as an heads up, but I will also finish the Research Misconduct letter and mail it out this afternoon. After reading Jonathan's profile, I find this so out of character, I wonder what his explanation is.
Updates follow, thanks for your patience. English is my fifth language and when I have to write something important I am slower than I would like to be, sorry. On Thu, 2021-12-16 at 07:54 -0700, Anne P. Mitchell, Esq. via mailop wrote: > As a follow up, to my letter, I received the following: > > > Thank you for reaching out about our research on the European Union > > General Data Protection Regulation (GDPR) and the California > > Consumer Privacy Act (CCPA). A component of the study involves > > requesting information from websites about how they have > > implemented the consumer data access provisions of the GDPR and the > > CCPA. Both the GDPR and CCPA provide for these types of information > > requests. We would be glad to answer any questions you have about > > the study goals, methods, and safeguards, and we welcome any > > additional feedback you would like to provide. > > > > Sincerely, > > Jonathan > > That was really the wrong response. I responded explaining *exactly* > how they are in violation of U.S. Federal law (CAN-SPAM), and I cc:ed > the chair of the compsci department, and Princeton's general legal > counsel. If you are going to send something, please let it be soon > so as to make clear that I'm not a single cartoony voice crying in > the wilderness. > > FWIW, here is the section of CAN-SPAM of which they are in violation: > > ‘‘§1037. Fraud and related activity in connection with electronic > mail > > ‘‘(a) IN GENERAL.—Whoever, in or affecting interstate or foreign > commerce, knowingly — > > ‘‘(2) uses a protected computer to relay or retransmit multiple > commercial electronic mail messages, with the intent to deceive or > mislead recipients, or any Internet access service, as to the origin > of such messages, > ‘‘(3) materially falsifies header information in multiple commercial > electronic mail messages and intentionally initiates the transmission > of such messages, > ‘‘(4) registers, using information that materially falsifies the > identity of the actual registrant, for five or more electronic > mail accounts or online user accounts or two or more domain names, > and intentionally initiates the transmission of multiple commercial > electronic mail messages from any combination of such accounts or > domain names, or > > ...shall be punished as provided in subsection (b). > > ‘‘(2) a fine under this title, imprisonment for not more than 3 > years, or both, if— > > ‘‘(A) the offense is an offense under subsection (a)(1); ‘‘(B) the > offense is an offense under subsection (a)(4) > and involved 20 or more falsified electronic mail or online user > account registrations, or 10 or more falsified domain name > registrations; > ‘‘(C) the volume of electronic mail messages transmitted in > furtherance of the offense exceeded 2,500 during any 24-hour period, > 25,000 during any 30-day period, or 250,000 during any 1-year period; > ‘‘(D) the offense caused loss to one or more persons aggregating > $5,000 or more in value during any 1-year period; > ‘‘(E) as a result of the offense any individual committing the > offense obtained anything of value aggregating $5,000 or more during > any 1-year period; or > ‘‘(F) the offense was undertaken by the defendant in concert with > three or more other persons with respect to whom the defendant > occupied a position of organizer or leader; > > --- > > Anne > > Anne P. Mitchell, Attorney at Law > Author: Section 6 of the Federal CAN-SPAM Law > Board of Directors, Denver Internet Exchange > Professor Emeritus, Lincoln Law School > Chair Emeritus, Asilomar Microcomputer Workshop > Former Counsel: MAPS Anti-Spam Blacklist > _______________________________________________ > mailop mailing list > mailop@mailop.org > https://list.mailop.org/listinfo/mailop -- -- Yuval Levy, JD, MBA, CFA Ontario-licensed lawyer https :// moneylaw.ca Tel: 519.488.1783 (does not receive MMS) Tel: 1.844.234.5389 Fax: 1.888.900.5709 2201-323 Colborne Street London, ON N6B 3N8 _______________________________________________ mailop mailing list mailop@mailop.org https://list.mailop.org/listinfo/mailop
