On The Privacy Subtleties Of GMail, Other Webmail
Brad Templeton writes "After talking with Google folks and learning about E-mail privacy law from EFF (join!) lawyers, I have written a new essay on the privacy subtleties of GMail and other advanced webmail applications. Some of the fear has been overdone, but there are surprising issues due to the fact that the ECPA, written almost 20 years ago, wasn't prepared for fancy e-mail offerings like GMail. I issue a call for Google to encrypt your mail to avoid these issues."
How will I read it?!
Homophobia, non?
"I issue a call for Google to encrypt your mail to avoid these issues"
No... I have a better idea, instead of getting the government involved if you don't like it then you can choose to use a email service more to your liking.
Me? I can't wait to use Gmail, and if I don't like it then I will stop using it. See how simple it is?
This article goes right to the heart of my query. Rather, the existence of this article does so. Is a geek one who revels in technology and the pursuit of coolness in new technology? Or is a geek someone who is wrapped up in figuring out how technology will be used inherently for evil purposes?
I like to think of geeks as the happy lot who wander the streets of Akihabara mesmerized by all the glitz and blinkenlights of the latest and greatest devices.
The article demonstrates a new strain of geeks which seems to revel in stymieng the technological process by handicapping it at every turn.
I imagine that any geek can encompass both forms, but I have a feeling that lately it is the boys who cry wolf that are taking over geekdom.
I have been pwned because my
Google doesn't have to show you their databases.
"Uh, yeah, sure.... we're encrypting your emails... we can't read them..."
Might also note (as others will) it would be incredibly difficult to search emails if they are encrypted. Real-time decryption for 1GB of data then searching for a specific string? Fehgettaboutit!
Doesn't excuse the phrasing in the article, though.
Ph-nglui mglw'nafh Gates M'dna wgah'nagl fhtagn.
This is pretty rediculous if you ask me. People in America give away their privacy rights all the time, without any worry. Most of the YRO stories on slashdot are just about that. But when a half respectable company like google decides to provide a free service, which you aren't obligated to use people go crazy.
I don't understand it. If you can't handle an automated script putting some ads in your emails from a simple world relation algorithm, maybe you should just, not use it?
Nobody raised this size of a ruckus over Orkut's similar cookie features, especially considering they hold a far larger quantity of personal information than GMail ever will.
--
The last digit of pi is four.
From what I can tell of the post-9/11 legislation, it seems that for congress to even mention the ECPA, they'd have to remove both 1984 and The Colonel's Recipe just to be able to see the layer of dust covering it.
One word to all these gmail protesters: gohugatree!
Comment removed based on user account deletion
But what laws keep my web host from searching my home directory? The insertion of ads based on such a search is secondary, and less important. That's where all my email is, for a while anyway. Or does some standard contract cover this?
Jesus I have to go read that thing!
grammar-lesson free since 1999. (rescinded - 2005)
In other words, no more than they know if you click on a Google sponsored link right now.
So, umm, in that case, don't sign up for a free trial of Out if you don't want one? *shrug*
Honestly, MSN, Yahoo & co. can do all of this right now, should they desire, and they have very little incentive to tell us about it. Well, maybe in the UK it might be illegal, but if they exclude all people who are from it from the policy and never tell anyone... (as if that were meaningful considering how many fill in utterly false info there...)
Hell, look at this current snip from the MSN Privacy Policy, which governs Hotmail:
Where was this fuss over these terms? I at least trust Google more than MSN...
What is all this fuss about?
People have been using webmail for years, and from what I've seen, it's become a great percentage of the email going back and forth. People leave a fairly good bit of mail there, going back pretty far if it's all text. The amount of space allocated has increased over time, which means they're being used... commonly... more and more as standard mail archives rather than just quickie anonymous email services.
All Google is doing is taking what people have already been doing, including many of the people on here, and expanding it beyond any reasonable sense of proportion.
And it will work. Because geeks love proportional reasonability failures.
Do not confuse "Freedom of Choice" with "Free Will".
Tackiness aside, though, if there are privacy problems, they need to be addressed. Yes, I know that Gmail is the ultimate in "opt-in." Don't like it, don't use it. This should make privacy concerns a moot point: interesting to debate, but nothing to fume about.
But google is a huge service. If Gmail is launched, people will flock to it in droves. Not just geeks, but ordinary people who have no idea how much of their private lives are lived "in plaintext." The privacy of many, many people, even those who do not use Gmail, is at stake.
Imagine, for example, a phone company that halves your rates in exchange for being allowed to sell transcripts of your phone conversations. Don't like it, don't use it -- but what about my rights to privacy when I call you? The simple answer ("don't call people with NoPrivacyPhone") is no solution at all.
Protect your liberties. Donate to the ACLU
Its not like email is "secure" or private anyway (at least here in the UK) remember RIP? I know that the government getting hold of your email is different to some random (evil) company getting it, but if you need security you would be using PGP anyway. Considering the way we are monitored and tracked already I doubt this would make much difference. People should know that on the net you don't get something for nothing and 1gig is quite a lot even today IMO.
...but I don't like the idea of any company having gigabytes of my email, which it has conveniently filled with advertising
A person's email archive belongs on their own hard disk. I wouldn't trust all my personal mail to a 3rd party (even if it was a highly accessibly safe box).
These posts express my own personal views, not those of my employer
Learn how to cryptographically sign your mail in Panther
The problem with Google encrypting email is that Google, Inc is a global corporation, with translations into over 20 languages. While the US export regulations regarding cryptography have been relaxed somewhat, these laws are different in every region. I spent some time as a paralegal, and I'd estimate that the kind of research required to roll out large scale global encryption on this scale would take many, many months at a minimum and cost well into the millions of dollars.
I doubt your privacy is worth that much to big old Google.
Such a mild invasion of privacy is the price you pay for free email with massive storage. To those who balk at the terms: how much would you shell out for a "secure" GMail?
I do not see any privicy issues if a program reads my email in a single pass and add ads as soon as it does not store the data, does not integrate and post-analyze the data, does not use the data for profiling, etc. Plus, you do not have to use gmail at all. However, if gmail raises privicy issues then what about anti-spam programs that read and analyze your email whether you want or not? Morever you do not even know if there is an anti-spam program when you send your email to foo@bar.net. Then what about censorship issues with anti-spam programs? If someone sends an offer for viagra to president@whitehouse.gov, and an anti-spam program stops it, is it an instance of anti-Consitutional censorship? I do not say that anti-Spam progams are evil but rather just making a point about to harsh fear of the beast that was not even born yet (officially).
If enithin kan gow rong it whil. (Murfey)
Is how everyone's reactions would be different if this was Microsoft doing this?
"1gb email! They're just trying to corner the market and force all the other webmail companies out of business!"
"They can read your mail?! They're probably selling it to some clandestine government agency!" (at which point michael would pop up and post a link to his favorite article on the government buying large ram disks)
My point is, I wonder how much leeway Google is being given simply because they use linux and are a good search engine.
slashdot, news for crazed liberal socialist zealots
I know others have said it, but really, if people don't like it they don't have to use it. Nobody is being forced in the least. There are plenty of other free email providers. The big comeback to that so far has been, "but what if I have to send an email to someone on GMail". You can't pick the phone service provider for a person you call, just like you can't pick a person's email provider for them. If you are that paranoid and whatever you are sending needs to be soooo private, then I doubt you'll want to be sending to a free email address of any kind anyway. I swear, some people just bitch to hear themsevles bitch.
But in the time I've been idly following this issue, it seems to me that the whole conflagration is over one small mention that your emails may last forever in their system even if you delete them.
Now , when first reading that, I just assume that this is standard ass-covering legal boilerplate. Stuff that conveys to the user," hey, you might have deleted it, and we might have deleted it, but, you know, *somewhere* on a partition of one of our many cluster machines, there *might* be a copy of your email that possibly could be read with forensic tools, so don't sue us in the unlikely event of this happening."
Is this the case? Is there more of an issue here?
You are in a twisty maze of processor lines, all alike.
There is a lot of hype here.
Because we keep back-up copies of data for the purposes of recovery from errors or system failure, residual copies of email may remain on our systems for some time, even after you have deleted messages from your mailbox or after the termination of your account.
How is this any different from what all other email providers do? As they make backups, generally it gets stored to tape. Later on, you stroll through and delete it. It still exists on the tape.
When you are logged into your Gmail account, Google will display targeted ads and other relevant information based on the content of the email displayed.
How is this different from what Yahoo does? Targeted ads based on search entries.
Oh wait...Google is honest enough to tell us up front.
(a) (1) Except as provided in paragraph (2), a provider of e-mail or instant messaging services to California customers may not review, examine, or otherwise evaluate the content of a customer's outgoing or incoming e-mail or instant messages, unless that provider has a court order or is otherwise required by law to do so.
She is trying to outlaw gmail, though I think it also makes other things illegal. I don't know how google or others can index email unless they "review, examine, or otherwise evaluate the content". What other features does this make illegal? (spam is specifically exempted)
From the article:
"My e-mail contains the story of my life, and what's not in there is often recorded in my searches. "
I've often wondered what someone could piece together from just reading my e-mail. Add the information on what I search on, and wow. My first reaction to this statement was that you couldn't really tell *that* much from email alone...but then I started to really condsider how much more a statement like that becomes truth as we become more and more dependent on things like email- Some guy who works on your pipes may not have needed a net presence/email system in the past, but even 'non-tech' type professions are going to REQUIRE e-mail access/web search access...which in turn means that the privacy issues being brought up are problems in infancy; they will grow with us.
I don't see requiring Google to encrypt email as the answer...infact the gut reaction by most people will be that Gmail is not really that different than Yahoo, MSN, etc...the fact that Gmail is going to be free is great, and I'm looking forward to using it...anything that I'm overly worried about I'll encrypt myself.
"We are the music makers, and we are the dreamers of dreams."
Because Google would end up needing that key in order to compose the HTML page that's going to be sent to you, even if that page is going to be sent over HTTPS.
In short, what's the difference between storing it on the server compressed or plaintext... Google still can decrypt it any time they feel like it, you just have to trust them not peek either way you go.
I think they've clarified they privacy policy to a level that us geeks should easily be able to understand... When you hit "delete", more often than not in computer land, your data is not immediately rendered unrecoverable. In most operating systems, deleted files are ushered over to a "holding bin" for a final clear-out command to really get rid of them in case we want to change our mind. Once the OS finally lets go of the file, the file system often takes the short cut of just removing the index pointers to the file and/or marking the space as "unused", but leaving the data still spinning on the drive until something eventually wants to use that space... let's face it, a "quick format" doesn't have time to hit every track on the drive, it's taking a shortcut and that's what makes it "quick". So, really, they're just saying that in order to make their magical mega-system work, "delete" isn't going to mean "Expunge it all right away!" but simply "Put in the pile that'll be discarded the next time the garbage collection process comes by." Therefore, they'll need to keep your "deleted" e-mails for an undisclosed length of time... they don't intend on keeping it forever, although they have to word the privacy policy in a way that might be misread that way because to do less just wouldn't be being honest. If you don't have root access to the e-mail system where you work, you don't really know if "delete really means delete" on that system either. Your boss may in fact have access to your e-mail... you might as well assume that they do unless you know otherwise.
Personally I like the encryption idea and wish it was integrated into more webmail sites. Hushmail has a pretty interesting implementation of this, having all the email stored encrypted on the server and the user views their email locally by decrypting it with a java applet. I'm dissapointed more people aren't interested in encryption (if more people were maybe there would be more services like this).
Though I'm not sure if that could be implemented with gmail, how would you search and organize a gig of email without decrypting all of it?
I am surprised that you don't see the critical difference between what Google is planning and the more usual form of behaviour-tracking that goes on all the time, with or without our consent, by DoubleClick and their ilk, which is common as mud -- in fact I myself once developed a system for a client that had a behaviour tracking component. (Not proud of it, but just pointing out how ubiquitous it has become.)
The crucial difference is that -- at least from the terms described above in the MSN agreement -- these other services are not reading your mail. They are just watching what you click on, examining your behaviour, etc. I don't really approve of this, but it's an order of magnitude less of an infringement than a system that actual parses my mail and searches for keywords ... and as someone mentioned before, I don't have to be a Gmail user for this to happen; I just have to write an email to one. And if gmail takes off, that could end up being a high proportion of the email I send.
The assurance that no human being is going to read my mail is an insult to the intelligence. What is a parser if it's not the tool of its human designer? ... And in any case, what do I care if a (human) marketing drone assesses my email for targetting possibilities, or if it's a bot doing the same job? The bot is worse because it is way more efficient. The point here is not that I am afraid my data will be used for some illegitimate purpose. It is the expressly stated purpose that I am concerned about: of the use of my email to allow targetted marketing to identify me a potential market for Product X.
It seems to me that there may well be innovation in Gmail: but as far as I can tell, it's all aimed at the real Gmail customers, the advertisers, and none of it to the email user. The offer of 1G is in itself pretty outrageous. They are in effect saying: We will generously allow you file up to 1073741824 bytes of data which we will then regularly comb through and see how much crap we can sell you. Thanks Google, but no thanks.
[ UNSIGNED NOT NULL ]
Yes, I have read the article. Have the moderators? I think not!
To quote from the article (to save the moderators from actually having to read it): "The most obvious step Google could take would be to encrypt a user's e-mail, searching index and other associated data, so it can only be accessed using the user's password, and of course that password should not be stored when an e-mail session is over."
Nowhere in this quote does it say or imply that the government is involved with this encryption. In short, this is merely a call to Google to encrypt your email. Voluntarily. Without resort to government coercion to force them to.
Please read the article. Then read the post I replied to. Then read my reply. You will see that it is completely apropos and on topic.
Don't blame me, I didn't vote for either of them!
Maybe I'm missing something too, but as others have pointed out (or will soon point out):
1. I don't own Google and none of you do either.
2. What Google do is their business, not ours.
3. What we do is our business, and we can opt to not use a Gmail account.
4. I can't see what kind of retard would want or need a GB for email no one ever looks at anyway. I like the storage but I would never use it for email - forget it, just forget it.
5. The same people who think this is not only cool but necessary are probably those that thought Expose was a new operating system - all because they're not capable of managing their own work.
6. There are lots of big companies who market excellent mass storage technologies. You'd probably be better off and with a more secure solution with them.
7. I'd be an idiot to entrust my email to a company like Google. They're going to let me search for my own email. Gee, but what exactly stands between my email and anyone else's search?
8. I really don't see the marketing point in it - from Google's standpoint. I like them but I fail to see how this is going to help them.
9. Most of what you'll read between now and Gmail is talking head tripe written by wannabes who want to get some e-zine real estate and have no better way to do it. All privacy concerns considered, it's the same old mish-mosh all over again, and frankly I think it's a shameful bore.
"I issue a call for Google to encrypt your mail to avoid these issues"
I though GMail was supposed to index your mail to make it searchable.
How will this work with encryption?
You would reduce GMAIL from "1G of emailsindexed by the internet's most popular search engine" to "1G of offline storage"
Also, Google isn't the government.
Ah, but this is a great premise for a novel -- by, say, Neal Stephenson and/or Bruce Sterling. (Or for that matter, the ghost of Philip K. Dick.)
-kgj
-kgj
If you don't trust Google to keep your email private, why should you trust them to encrypt your email without using an escrow key or some equivalent?
I'll be using Gmail as soon as it launches, and my privacy will be Ok. How? Because whenever I have an important e-mail communication, it is encrypted.
./ has stated the obvious. We are technical people. We don't fear encryption. So why are we worrying? What am I missing?
So what is the problem? Do you think Google will try to break the encryption of random Gmail users?
Ah. Now I remember. People are lazy and fear technology, so they won't use encryption with Gmail. Then don't use email at all! Even if your email is handled by yor ISP, instead of a webmail service, any network admin at your ISP can read it.
What surprises me is that no-one on
Google is now giving Gmail accounts to active users of its blogger.com service. As seen here (Ev, of Blogger)
Current use of encryption for email is terribly low: I remember when Whitfield Diffie was asked at a Computers, Freedom and Privacy Conference a few years back how many emails sent to him were encrypted. Because you'd expect him to be way up at the top of the list of people who get encrypted email... under 10% was his reply. Oh, and Zimmerman was also in the audience... same answer.
My point is that in 1986, the government did declare that E-mail had that expectation of privacy, and that a warrant would be needed to get it, just as for phone calls or letters. We have not lost that -- yet. If more people believe as you do we will lose it. That would be a shame.
The issue with enhanced webmail is that the DoJ believes it goes beyond the definitions of an email service that has the expectation of privacy, and could indeed bring about the "email is public" regime you describe.
Has it been over a year since you last donated to the Electronic Frontier Foundation
I just tried both. I sent two separate emails, one had abortion and miscarriage in both the subject line and the body (with some other text thrown in) and the other had car accident suicide and funeral. Neither of them turned up any ads in Gmail. Which leads me to believe that they probably have some categories for which they won't serve any ads in the email (Email after all is of a more personal nature than a web search where you are actually looking for information on that particular topic)
Thanks for suggesting the test.
"When the only tool you own is a hammer, every problem begins to resemble a nail." - Abraham Maslow (1908-1970)
Don't use it.
It's not like they will be reading your email. It should come as no surprise to privacy advocates that email servers store email, parsing through it every step of the way. It doesn't matter because it's a black box operation. What their web server does with it, like selecting ads more appropriate to my interests, doesn't offend me at all as long as my email doesn't appear before human eyes other than my own.
What should worry privacy advocates is that their email is never encrypted unless they do so manually. It goes across the internet as plain text, and can readily scanned and logged by anyone who wants along the way, like spammers, identity theifs, the government, etc. Most likely your password isn't even encrypted. If you use wireless, most likely that isn't encrypted either. The least of your privacy worries should be GMail deciding that you're interested in enlargement pills and home loans.
Someone should be wacked over the head with a clue bat. It seems to me, that the core issue here is, that someone (this "someone" being a script) is reading eveybodys mail.
Well... what the heck do they think Baysean filters does? A lot (most) of email providers offers spam filtering including Baysean filter. Guess what - they read your email! - in the same way that gmail does.
Sheesh.
Underholdning.info
This could be changed. Technologies have gone from public (non-private) to private and protected before. Consider the switch from party lines to private lines in the telephone system. Now that we live in the 21st century shouldn't we demand a similar switch for email?
Because privacy is, at its core, a fundamental human right. Every communication system we use should have privacy built in: if its not, there should be a very good reason why not. "Oh dear, it will take extra computational cycles" is not a good reason, not with the small footprint crypto already here. "Oh, Ashcroft doesn't want it" is even a worse reason.
Why is privacy a basic right? From the well-written essay by Canada's former privacy Czar
"If Parliament and the public at large have been slow to react, it is probably because for most people, most of the time, privacy is a pretty abstract concept. Like our health, it's something we tend not to think about until we lose it - and then discover that our lives have been very unpleasantly, and perhaps irretrievably, altered.
But though we tend to take it for granted, privacy - the right to control access to ourselves and to personal information about us - is at the very core of our lives. It is a fundamental human right precisely because it is an innate human need, an essential condition of our freedom, our dignity and our sense of well-being."
" ...A popular response is: "If you have nothing to hide, you have nothing to fear.
"By that reasoning, of course, we shouldn't mind if the police were free to come into our homes at any time just to look around, if all our telephone conversations were monitored, if all our mail were read, if all the protections developed over centuries were swept away. It's only a difference of degree from the intrusions already being implemented or considered.
"The truth is that we all do have something to hide, not because it's criminal or even shameful, but simply because it's private. We carefully calibrate what we reveal about ourselves to others. Most of us are only willing to have a few things known about us by a stranger, more by an acquaintance, and the most by a very close friend or a romantic partner. The right not to be known against our will -- indeed, the right to be anonymous except when we choose to identify ourselves -- is at the very core of human dignity, autonomy and freedom.
"If we allow the state to sweep away the normal walls of privacy that protect the details of our lives, we will consign ourselves psychologically to living in a fishbowl. Even if we suffered no other specific harm as a result, that alone would profoundly change how we feel. Anyone who has lived in a totalitarian society can attest that what often felt most oppressive was precisely the lack of privacy...
"...The bottom line is this: If we have to live our lives weighing every action, every communication, every human contact, wondering what agents of the state might find out about it, analyze it, judge it, possibly misconstrue it, and somehow use it to our detriment, we are not truly free. That sort of life is characteristic of totalitarian countries, not a free and open society..."
Link here
To have a right to do a thing is not at all the same as to be right in doing it
I know you were kidding (hope you were kidding), but - HushMail's free/premium Web email service encrypts email both on their servers, and from your browser to their servers.
Once it gets sent out to another server, it's (potentially) a different story. Most email is still sent unencrypted; HushMail gives you the option of sending as plain-text or sending encrypted (PGP/GPG compatible, I believe).
The main point relevant to this story: a compromise to HushMail's server's will not result in someone else reading your email. It also means, you'd better not forget your passphrase, or your stored emails become irretrievable random-looking gibberish!
OK, so I'm not the only one here running my own mail server. A low-powered linux box on my network with a webmail server, always on, that retrieves my POP3, hotmail, and Yahoo! mail and puts it in one place for me and only me to access. No ads, no Patriot act searches, full control. So, there's some cool features in Gmail from the sounds of it, but it doesn't sound like anything that couldn't be integrated into a personal webmail installation.
Seems to me Google would make rather less money with a crappy site and crappy ads.
Although shareholders may not grasp that.
So we've ended up in this strange zone where email could be encrypted as a matter of course, but it isn't. There is no inherent reason why email has to be public, but by our design (or lack thereof), this major massive system of communications is public, and for what benefit?
I'm not saying that people must be forced to use encryption, but that the ability to choose it should be there. To me choice means the two alternatives are sitting there, equally available... If there were big "Send: This is Private" and "Send: This is Public" buttons. Right now the "choice" is "Send" vs "Spend hours retrofitting your system and writing to your recipient to explain to them how to read your email, and getting your grandpa to use it- just give up trying to go there..."
As an analogy, if I say "lets start building doors and doorjams with locks built in," I don't think that equals "force everyone to lock their door." To me it means "make it as easy to choose to lock your door as keep it unlocked."
Imagine an alternative history where we on "Exchange-Dot" are talking about telephone design...
- "Phone calls are on party lines, anyone can listen" (Score: 3 Just Delightful)
- Of course phone calls are public- if you want privacy send a telegram. Get over it (Score 5: A Pearl of Wisdom)
- "If you want privacy, get a private line and ask the person you wish to call to install a private line too."(Score: 2)
- "But what if I know I might want to talk with more than that one person, wouldn't it be better if all phones were private lines? What if my elderly aunt cannot easily get a private line?"(Score 3: Quite)
- "What, have you something to hide? What type of gentleman are You? (score 0: Moderately Scandalous)
- "You should just refuse to talk with people on party lines: if your dear Aunt in Toledo is unable to install a private line then she isn't worthy of conversation" (Score: 1)
- "You have the right to a private line, but demanding all lines are private? How about we let people choose?"(Score: 1)
Now an influential company - GoG&G - is proposing a massive new rollout of telephone availability. And a Mr. B. Templeton, chairman of the Telephonic Frontier Foundation asks GoG&G to consider designing private lines right into the system. He's the sort of person who wants widespread private phone calls, writing:"The key to deploying private phone calls is to make it happen with close to zero involvement by the user... The reason is that I converse with tons of people, not just my closest Bell/linux-using electrophilosopher friends. If I want my conversations to be private, I have to get the general public using private lines...."
It, in retrospect, wouldn't be such a bad request for consideration by Google / GoG&G.