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Penkava v. Yahoo: wiretapping

According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.

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Links for 1/7

Chris K. at Bronto blogs about in-store address collection and delivery issues. Chris is right, the Spamhaus issue isn’t going away any time soon. And companies collecting addresses in store / at point of sale really need to figure out how to make sure that their data capture is accurate. That means addressing everything from customers giving the wrong address to typos and other transcription errors.
Gene M. at Forbes asks Is Constant Contact the Best E-Mail Marketing Service?. I’m not sure Constant Contact is the best, but it’s nice to see that some people do realize that the occasional compliance incident just means that the ISP is actually monitoring things.
Matt B from Return Path posts his predictions for the new year. While I don’t always do predictions, I agree with all of his.
The Next Web says that Yahoo users are being compromised by an XSS exploit. I have noticed a lot more virus from Yahoo users over the last 2 days, including one person who said their account was broken into while she was on the ski slopes. It may not be exactly an XSS hack, but something is broken at Yahoo and the spammers seem to be somehow getting around Yahoo’s outbound filters.

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Wiretapping and email

An Alabama resident is suing Yahoo for violating the California wiretapping law. Specifically he’s suing under CA Penal Code section 631. The thing is, this section of the law deals with wiretapping over “telephone or telegraph” wires. That doesn’t seem to apply in this case as Yahoo isn’t using either telephone or telegraph wires to transmit their packets.
Holomaxx tried the wiretapping argument when they sued Yahoo and Hotmail. That case cited a cause of action under both federal law and California law. The wiretapping claim was addressed specifically by the lawyers for the defendants.

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