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California Senate Passes Preemptive Strike Against Gmail

Technically Inept writes "The California Senate has passed a measure to force Google to limit search capabilities on Gmail to real-time, with no records. What if I want them to search my mail in advance?"

540 comments

  1. Only here, apparently. by Uriel · · Score: 5, Funny

    We're legislating technology most people haven't even seen yet.

    1. Re:Only here, apparently. by Incoherent07 · · Score: 5, Insightful

      That's the trick... all of the hoopla about Gmail's ads, and they're no different from the ads you see when you search Google normally.

      California Legislature: "OMG Google knows I'm searching for pr0n, I'd better pass a law against it!"

      --
      This is my sig. There are many others like it, but this one is mine.
    2. Re:Only here, apparently. by F34nor · · Score: 0, Troll

      Its Funny becasue Bush is the worst tax and spend liberal in history. I like to call him a "steal and spend liberal."

    3. Re:Only here, apparently. by the_mad_poster · · Score: 5, Insightful

      I don't understand what the big deal is regardless. I mean, if you're sending plain text e-mails, they're going through multiple third parties anyway. If any of them wanted to keep and read your e-mail, nothing is stopping them now except encryption. What's different about Google other than they explicitly tell you they're going to do it.

      I'm all for privacy, but all this hoopla just sounds like a bunch of techno-losers who have absolutely no idea what they're talking about, but think it's a good "issue" to start screaming at the top of their lungs on.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    4. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1, Interesting

      "steal and spend" fits better- that's the neoconservative movement for you, give all the taxes back to the rich and then keep the rich in business by spending money the government no longer has.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    5. Re:Only here, apparently. by kwanbis · · Score: 1

      politicians don't have anything to do? is google forcing you to sing up with them?

    6. Re:Only here, apparently. by Turtlewind · · Score: 2, Insightful

      And from the looks of things, they're also legislating against technology people already use. What about the Spam filters? Bayesian filtering is based on a very similar principle of scanning for key words and phrases, and if they block Gmail from recording the results it could stop them from flagging the results as Spam until you actually open the e-mail.

      Having said that, it's likely that they have specified "for the purposes of advertising" in wording of the law - but the privacy concerns are exactly the same.

      --
      --This is a self-referential sig--
    7. Re:Only here, apparently. by F34nor · · Score: 1

      The funniest part is that if you look at a graph of the states that votes for him, the ones in the center, they take in more money on average form the federal government then they pay in taxes. So the people who are bitching about welfare and government waste are the worset offenders. The graph was in the Atlantic Monthly "Where Federal Tax Dollars go" March 2004 p.48 The study was done by the Tax Foundation.

      So these assholes vote for a tax cut then get a nice fat farm bill. It's great steal money from the coastal liberals to fund and imaginary past.

    8. Re:Only here, apparently. by Anonymous Coward · · Score: 0
      What's stopping us from getting rid of the both and getting back to the roots?

      --
      God I hate the furries. They're all over the America!

    9. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      The Two Party System. Nobody will vote for a third party until it already gets lots of votes. Catch 22.

    10. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      what about braindead democrats that cant comprehend what rich is.

      oh they all benefit from those tax cuts.

      wait so do i since im middle class.

      just cause you make mroe than 50K a year doesnt somehow you rich.

    11. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      .....and married to someone who also makes more than 50K, make you more than 4 times richer than a single making 25K.....

    12. Re:Only here, apparently. by Anonymous Coward · · Score: 0
      Congratulations on missing the boat and getting modded up for it to boot. My faith in /. moderation continues to slide.

      The issue is not about the ads, it is about the potential for invasion of privacy to occur when the users' messages are analyzed in order to target the ads.

    13. Re:Only here, apparently. by F34nor · · Score: 1

      Your wrong. Becasue of the alternate minimum tax the middle class is spending a lot more money on taxes then before the Bush Tax cut.

      Read "Perfectly Legal" by David Cay Johnston (the tax reporter for the New York Times. He was also interviewed on NPR by Terri (shudders) Gross on Fresssssshhhhh Aiiir....

      The "rich" cut off is 500,000 a year.

    14. Re:Only here, apparently. by bri_n33 · · Score: 1

      Don't you pay taxes?

      Or, better yet, what do those "Rich" people do with their money? They spend it. It goes to others. Econ 101.

      Regardless, republicrats waste our money no matter who they get it from.

      As for the California legislature, most people here in CA know what kind of loons they are. The local government has screwed up so bad that it is hardly cost-effective to live in CA, let alone start a business.

    15. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      It's the third party that was the enabler to this horrendous fiasco to begin with. I'll bet the neocons are secretly funding that idiot Nader.

    16. Re:Only here, apparently. by Digital11 · · Score: 2, Insightful

      Actually thats the problem... The majority of people who are rich have become so because they don't spend. Sure they may have nicer things, but its not like they're bankrolling the economy. The collective spending of the everyday average joe does MUCH more for the economy than a few million/billionaires.

      --
      I am a leaf on the wind. Watch how I soar.
    17. Re:Only here, apparently. by cpeterso · · Score: 2, Insightful


      what's worse? a tax and spend liberal or a borrow and spend neocon?

      I think a borrow and spend neocon is worse because WE have to pay interest on THEIR accumulating debt. :(

    18. Re:Only here, apparently. by List+of+FAILURES · · Score: 1

      What about the loot and hoard conseratives. Let's get equal time here and ptu their heads on the chopping block too. :)

    19. Re:Only here, apparently. by Yokaze · · Score: 5, Informative

      > What's different about Google other than they explicitly tell you they're going to do it.

      The difference is, that Google and other free email services have a commercial interest in it, while said third parties, with all probability, have not.

      Creating the infrastructure to scan emails requires an investment, which has to pay off.

      Those third parties are providing the bandwith for several parties. I assume that most companies wouldn't be very happy about having their connection tapped. So, not scanning any traffic is in their own commercial interest.

      The legal implications by having the ability to scan emails and/or traffic are another reason they have no interest.

      OTOH, Google (and others) can easily use that profiled data to generate revenue by targeting ads on pages they generate. Said third parties have no such mean.

      Google and others are merely prohibited from profiling. They can still generate revenue from targeting ads by real-time data, like they do with their search-engine.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    20. Re:Only here, apparently. by AKnightCowboy · · Score: 5, Insightful
      The difference is, that Google and other free email services have a commercial interest in it, while said third parties, with all probability, have not.

      Nobody HAS to use GMail so what is the real problem here? Don't send mail to people with gmail.com accounts if you don't want it archived and scanned. Duh.

    21. Re:Only here, apparently. by Anonymous Coward · · Score: 5, Insightful

      I think the problem lies in that Google will be scanning users email, and that includes email sent to them not just by them?

      And so, with my choice to not use Google email but the need to send a message to someone who does use Google email that means I don't have a choice whether or not my message is scanned by Google before it reaches the intended recipient.

      It's like, any letter you write to your aunt in Town X is read before they deliver it. My aunt may not mind her mail being read, but I do, and so by her choice of no privacy I have no other choice but to not write to her if I want my message to be private.

      It's a moot point, as far as I'm concerned. But I do understand the concern. There's no consent from those sending to a google email that their message is to be read by any one or any thing other than the intended recipient.

    22. Re:Only here, apparently. by black+mariah · · Score: 1

      So as long as people aren't making money off of it, it's okay to read other people's email? Huh?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    23. Re:Only here, apparently. by Glidedon2 · · Score: 1

      Get real, what a dolt "neocon" buzzword for the 1984 double speak idiots. Come back to reality or take more drugs!

    24. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      Undercover? When did this happen?

    25. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      Well, I suppose you get your just desserts then, because you missed it also.

      The "invasion of privacy" involved in Gmail is no more or less an invasion than that of regular Google searches.

    26. Re:Only here, apparently. by Typhon100 · · Score: 0, Flamebait
      I think this just shows how hypocritical /.ers are.

      If the article was:
      Google plans to read your email, you would all freak out. OMG, they're turning into another evil M$!!

      Instead, you're all predictably anti-establishment and attacking the government that is trying to protect the privacy you all so desperately covet.

      Stop being reactionary and have a real opinion on the issues.

    27. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      Most people earning under $200,000/year ended up with a tax hike thanks to the so called federal tax cuts. You see, they paid for those cuts with the Social Security Surplus and cutting federal aid to state programs- which meant an increase in FICA taxes and local increases in sales, property, and income taxes. And since the FICA tax and the Local taxes have caps on them that don't affect the rich, thos of us earning "only" 50K ended up paying more taxes overall.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    28. Re:Only here, apparently. by peg0cjs · · Score: 5, Insightful

      And so, with my choice to not use Google email but the need to send a message to someone who does use Google email that means I don't have a choice whether or not my message is scanned by Google before it reaches the intended recipient.

      If you are sending e-mail, assume it is read by a dozen people between you and the recipient. Why do so many people assume that cuz there's no paper trail, there's absolute privacy? Have we learned nothing about technology around here? E-mail is not private, has never been private, will never be private.

      It's _VERY_ different from a letter to your aunt that is sealed in an envelope and is strictly private. In fact, it's a federal offense to open said letter if you aren't the authorized recipient. Your letter analogy only applies to encrypted e-mail communication, which is used, I'm guessing, less than 10% of the time.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    29. Re:Only here, apparently. by Anonymous Coward · · Score: 1, Insightful

      And how about those people who are forwarding their OTHER email addresses to their gmail accounts? How can we tell that joesixpack@hotmail.com is forwarding to joesixpack@gmail.com?

    30. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      No, the difference is that Google put their heads over the parapet so some jackass senator decided he could win some votes by putting his name in the press as apparently supporting Joe Averages' rights. Without any press attention Ass-Wit senator wouldn't even know what the electrical interweb thing was.

    31. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      But the truly rich (those earning $200,000 and above, if we can use the true breaking point of the Bush tax cuts for a line, as opposed to the advertised breaking point that doesn't take FICA or local tax increases into account) don't spend. Hardly at all. They're rich enough to spend the first quarter of their earnings living, the second quarter on taxes, and save/invest the rest. Give them more money in the form of less taxes, they'll save and invest more, not spend more. They're already apending all they reasonably can.

      Of course, that was the point of the Bush tax cuts- after all, he cut taxes on dividends, not earned income.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    32. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      1984 double speak idiots is right- new conservatives, aka neo-conservatives, are well into the realm of doublespeak. Tax cuts that only end up going to the rich. No child left behind that ends up cutting funding to schools. Weapons of mass delusions, in the form of using the military for personal revenge. It's very orwellian indeed.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    33. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      Well, given the fact that as a Catholic I voted for the borrow and spend neocon last time around, and paid dearly for it (my taxes went up 5% at the same time 26 months of unemployment forced my income to retreat 25%); this time around I'll vote for the tax-and-spend hypocrite. At least hypocrites CARE what other people think!

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    34. Re:Only here, apparently. by pilgrim23 · · Score: 1

      "Gentlemen do not read each other's mail." -Secretary of State Henry Stimson around 1931(?)

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    35. Re:Only here, apparently. by stephanruby · · Score: 1
      What's different about Google other than they explicitly tell you they're going to do it.

      The difference is that this is a high-visibility service and politicians thrive on staying visible.

      Had Google been a no-name company, the service would never have made the mainstream press and the politicians would never have blocked it.

    36. Re:Only here, apparently. by cyborch · · Score: 0

      Nobody HAS to use GMail so what is the real problem here? Don't send mail to people with gmail.com accounts if you don't want it archived and scanned. Duh.

      There's a real difference here, while nobody is forcing me to use gmail I still didn't consent to having any mail I send to a gmail mailbox scanned. Also, what if someone has forwarded innocentlooking@mailbox.com to iambeingscanned@gmail.com? how do I protect myself against scanning by google, which I didn't consent to in the first place?

      I would rather not have to cut off any friends of mine who started to use gmail, on the other hand I would like to maintain my privacy, even if those people I write to don't care about privacy

    37. Re:Only here, apparently. by stephanruby · · Score: 4, Insightful
      And how about those people who are forwarding their OTHER email addresses to their gmail accounts? How can we tell that joesixpack@hotmail.com is forwarding to joesixpack@gmail.com?

      Once you send your email off, it's no longer yours to control. This follows the laws of nature and the laws of the land.

    38. Re:Only here, apparently. by stephanruby · · Score: 3, Insightful
      It's _VERY_ different from a letter to your aunt that is sealed in an envelope and is strictly private. In fact, it's a federal offense to open said letter if you aren't the authorized recipient. Your letter analogy only applies to encrypted e-mail communication, which is used, I'm guessing, less than 10% of the time.

      And yet, the aunt in question still has the right to show your letter to someone else, scan it and publish it on the internet, ask someone else to open it for her, etc.

      In other words, the sender still has no control over the letter once he has sent it to the recipient. The responsibility falls on the recipient to do what she wants with the letter. And it seems to me, people are trying to control something they never had the control of in the first place.

    39. Re:Only here, apparently. by Thadddius_Brinks · · Score: 1

      In case you weren't paying attention to the unfolding events here in the good 'ol USofA, it wasn't the third party that caused this 'fiasco' but the nullification of tens of thousands of minority and poor voter's voices at the hands of a few people that were never challenged by the "checks and ballances" that are s'posed to stop such coups from occuring. if you are dis-satisfied with the current state of politics such as they are, please do your part to voice your anger in a constructive manner, rather then snipe at an easy target Thanks

    40. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      I call bullshit.

      'Rich' doesnt even mean rich it means high income. People like John Kerry and Nacny Pelosi already have 300 million in the bank. And you want them writing the tax laws for the rest of it?

      By the way who is rich anyhow? The median income is 27 grand. So 30 grand a year is rich? Try living in NY with that income.

      High income is attributed (80%+) to small business owners. Duh. You want jobs then you go after the people creating them. Brilliant.

      In 2001 year the top 50% of income earners paid 97 percent of the tax burden and earned 84% of the income. Shouldnt the people ACTUALLY paying taxes get the tax breaks.

      Oh yes, these spend-carefree repubs are not conservatives of ANY kind.

      Oh yea, the next time you want to go after people who have made better choices in life and therefore earn more, how about you just mind your own damn business? Their success doesnt affect yours at all.

      What a bunch of whiny pathetic demogogues the left has become in this country.

    41. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      OK, very different than a letter as email is scanned like crazy anyway.

      But it's normally not stored and used to profile more than just where it came from and where it's going to. That's the part this bill addresses.

      I do not agree to have my personal email stored and profiled when I send to a gmail address. They can scan it all they want, but if they store my name, address, or content of message and use it for marketing purposes, that's the equivalent of just opening a snailmail letter when you are not the intended recipient.

    42. Re:Only here, apparently. by spectral · · Score: 3, Interesting

      That is not your business, and not under your control. Encrypt the email in an attachment to them if it matters so much to you, and you trust THEM to not scan it or do other subversive things to it. You send a (snail mail) letter out to a friend, that friend can do whatever they want to it. Including typing it up and putting it on a webpage. Which google will then scan. As long as they attribute it (which in some cases would probably make this slip of judgement worse), then there's no legal issue with this that I am aware of.

      So yes, if someone has a gmail account, and you're paranoid about some (as far as we know) non-scientient technology reading your email, then don't send them an email. But if I ever get email from you, I'm going to post it to a webpage now. In fact, I might even post your slashdot comment.. Oh wait, it'll already be scanned by the big bad google. And other companies, most of which I trust a hell of a lot less than google.

      If you're paranoid, make it so google can't read it (encrypted attachment) and get on with your life. If you care that much though, this probably isn't good enough for you, though I don't know why.

      Note: I enjoy the freedoms of encryption and understand paranoia. I'm not saying that not wanting peope to read it is necessarily a bad thing, just that it's not you that should have to consent to google scanning it, it's the recipient, like always.

    43. Re:Only here, apparently. by DShard · · Score: 1

      They're rich enough to spend the first quarter of their earnings living, the second quarter on taxes, and save/invest the rest.

      At what point in that sentence am I supposed to see thay the wealthy are not bankrolling the economy. Since when is saving and investing a BAD thing. I mean I don't like being non-super rich either, But these people won't be putting there money in duffle bags under there mattres. What you should really be worring about is the people not doing _exactly_ what you said is bad. Getting in deep dept and going bankrupt is a major drain on our economy.

    44. Re:Only here, apparently. by Minna+Kirai · · Score: 1

      Encrypt the email in an attachment to them if it matters so much to you, and you trust THEM to not scan it or do other subversive things to it.

      I wish that were true. But the principle of "wiretap" laws common across the USA is that senders of a message are not required to trust the recipients. If someone willingly makes a phone call and provides you some information, and you record it to your computer without her knowledge, you're now a felon.

      This new California law is somewhat following that same pattern- giving email the same "protection" as telephone.

      As long as they attribute it (which in some cases would probably make this slip of judgement worse), then there's no legal issue with this that I am aware of.

      100% wrong. They have committed copyright infringement, an offense for which the Federal DOJ can now prosecute directly.

      The matter of attribution is much less important legally. Non-attribution is usually plagiarism, which is not a crime but can get you banished from academic and publishing industries. Plagiarism is only a crime if it supports some other fraud.

    45. Re:Only here, apparently. by sangreal66 · · Score: 1

      ...Doesn't stop the /. crowd from trying to legislate RFID out of existance.

    46. Re:Only here, apparently. by System.out.println() · · Score: 1

      You send a (snail mail) letter out to a friend, that friend can do whatever they want to it. Including typing it up and putting it on a webpage.

      As long as they're not under an NDA.

      I wonder if GMail will cause any NDA violations? Hopefully not as long as they don't store the info they scan.

    47. Re:Only here, apparently. by aussie_a · · Score: 0

      How is this different from the FWing function at all? Say I send you an e-mail bitching about person X, you FW it to person X. The FW function has many issues for privacy, google reading your e-mail for advertising purposes and linking it with the RECEIVER is only one small issue in the big scheme of things.

      But this bill doesn't protect those who have their e-mails FW'd to gmail accounts. Your e-mail will still be scanned. No, this bill is designed to protect gmail users against their wish. If people wanted to be protected, they don't have to sign up for gmail. But now those who didn't mind google storing the information don't have a choice.

    48. Re:Only here, apparently. by IllForgetMyNickSoonA · · Score: 1

      Sure, but if my aunt were to be a person to scan and publish/sell the private information she receives from me, I'd never write to her anything I'd like to remain between the two of us. Some of the information I only give to people I trust, as opposed to publishing it on the net and/or selling to the government.

      Of course there is a technical possibility for everyone to read (unencrypted) mails. However, in some parts of the world it's exactly as illegal as reading somebodies snail mail "just because you can" (laws of European Union, for example, do not make any difference between snail mail and e-Mail with regard to the protection of privacy). It is a matter of trust between the communication service provider and the communication paticipants that the service provider is going to abide by the law. If they don't, and you manage to prove it, you can sue them over it (and you'll win). Google, on the other hand, is the first to openly say "Hey, we'll read your mails, and we'll sell what we learn from it to whomever it may interest".

      Now, how many "normal users" are even going to know what GMail does with their mails? They'll hear there is 1GB of free space for their mails, and they'll use it without reading the fine print.

    49. Re:Only here, apparently. by IllForgetMyNickSoonA · · Score: 1

      Why in the world was this modded Flamebait??? The man says the truth, regardless of whether you like what he's saying or not. Keep "Flamebait" mod for real flamebaits.

    50. Re:Only here, apparently. by SHendrie · · Score: 1

      But nobody is actually "reading" the e-mail message. That is a huge difference. The message is being scanned and ads based on the adwords technology are diplayed. Just like the ads we see at the top of this page, hotmail or any other free site we go to. The only difference is the ads are targeted to me based on word scans of the e-mail message. Again, the body of the message itself is not being read by something with any ability to decipher what its meaning is so that privacy thing is kind of moot. As for the storage and archival- that is the selling point behind G-Mail. To not have to delete your e-mail but be able to index and search it and find your email based on a completely new technology is what makes it so great. Again, nobody but software is "reading" it but only so it can perform the necessary archiving. Technology is scanning your mail message to your Aunt all ready. Anti-Spam, Anti-Virus and most likely anti-terrorist and I really don't think this is any different. It is important to understand how the targeted ads work and realize that nobody is profiling you and keeping track of what we talk to our chat room lovers about. At least I hope not. :-) Just another knee-jerk reaction to something that isn't understood and is being regulated before anyone takes the time to try to understand.

      --
      Steve Hendrie www.stevehendrie.com
    51. Re:Only here, apparently. by willijar · · Score: 1

      Actually you emails are copyright so your aunt does not have the right to publish it on the internet or anywhere else without express permission of you, the copyright holder. Similarly permission should be sought for resending on the information, although of course in most cases this is considered implicit by context.

    52. Re:Only here, apparently. by kmac06 · · Score: 1

      "what's worse? a tax and spend liberal or a borrow and spend neocon? I think a borrow and spend neocon is worse because WE have to pay interest on THEIR accumulating debt. :(" While they are both bad, a borrow and spend neocon accumulates debt for the GOVERNMENT. I am not the government. I don't believe that crap about "you owe $22,000 personally to the national dept". The only way the government gets MY money is by taxes--so I don't want em. If the gov't is having money problems, stop spending so much (which hopefully will happen in Bush's next turn). I wonder if I'll be modded down for this...

    53. Re:Only here, apparently. by Anonymous Coward · · Score: 0
      I wonder if GMail will cause any NDA violations? Hopefully not as long as they don't store the info they scan.

      So what if they store the info they scan? They _have to store your message_, your _entire message_, at least until you read it and mark it deleted.

      It's not as if it's incidental that the message is stored there, you have an account on their server for the purpose of storing your e-mail there, you have to agree to their terms before they even allow you to open an account.

      If their terms are that they post every message sent to your mailbox directly to the public internet in weblog form, then those are their terms, and it's your responsibility to let the people that send e-mail to that box to know their messages are published.

      When you send someone an e-mail they may spread it freely, unless you have another agreement arranged with them, that's just the reality of the situation.

      If the agreement with your mail host is in conflict with an agreement you made with the sender, then that's your problem, nothing requires you to use a specific mail host.

      Moreover, e-mail over the public internet is definitely not a suitable medium for confidential information, unless it is encrypted.

      A NDA you filled out is your responsibility, not your "e-mail" provider's. Most free "e-mail" services don't even permit commercial use per their policies/terms of use.

    54. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      Probably not; most e-mail is not even close to having any original aesthetic elements that would make it eligible for copyright.

      It's typically ad-hoc dialogue with zero market value.

      I for one don't drop by the US copyright office with an application, copy of the message, and $35 fee every time i'm about to send an e-mail.

      Think about it... 95% of e-mail will not be copyrighted at all. And a very large portion of e-mail would probably not be considered copyrightable in any case.

    55. Re:Only here, apparently. by stephanruby · · Score: 1
      I for one don't drop by the US copyright office with an application, copy of the message, and $35 fee every time i'm about to send an e-mail.

      I agree with most of your post, but please note that you no longer need to send in your material in order to register it for copyright.

    56. Re:Only here, apparently. by stephanruby · · Score: 1
      Actually you emails are copyright so your aunt does not have the right to publish it on the internet or anywhere else without express permission of you, the copyright holder. Similarly permission should be sought for resending on the information, although of course in most cases this is considered implicit by context.

      Yes and no. You can claim your email is copyrighted and you can even have your lawyer append a little legal warning at the bottom of your email, but don't count on a court enforcing copyright for you. If you don't trust the recipient, sending sensitive valuable private information is simply asking for trouble, the doctrine of fair use is too broad and too vague for that.

      I used to work for a large corporation that was threatening to sue an individual student. The student scanned and published every threatening letter (snail mail) we sent him, eventually we stopped going after him -- we felt this was making us look bad.

      Copyright doesn't prevent people from publishing and criticizing letters that you send them. Copyright doesn't prevent people from paraphrasing and publishing quotes from your letters. And Copyright is certainly not going to prevent people from analyzing and indexing your emails. Again, the recipient gets to decide what they can do with your email and if they chose to get it indexed for marketing purposes, it is not going to infringe on your copyright. Hell, copyright doesn't even apply to private directory information, copyright is not there to protect your privacy, its purpose is to protect your creative work. So unless, you're sending your aunt a new manuscript and she decides to publish it entirely, I think this is a non-issue.

    57. Re:Only here, apparently. by Yokaze · · Score: 1

      > Nobody HAS to use GMail so what is the real problem here?

      The real problem is not GMail alone, but what effect it will have on the while freemail market.
      The problem is, that GMail sets a new negative record in privacy matters. It lowers the barrier of what companies are allowed to do and what not.
      The law just set a lower limit of what they think is acceptable. Not only for GMail but also for others.

      So, by prohibiting that feature, GMail cannot us it to gain an economical advantage over other companies, which would be forced to follow suit.

      Or, to formulate it positively: It takes the economical drive out of this kind of privacy invasion.

      --
      "Between strong and weak, between rich and poor [...], it is freedom which oppresses and the law which sets free"
    58. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      I vote incorrect here...how is it your EMAIL written is copyrighted when sent to your aunt...yet IF she so wishes (by most state laws) she may record a VOICE conversation from you to her without your knowledge/consent/otherwise. The laws typically state that One party knowing the conversation is being recorded is legitimate in lieu of a warrant for such recording without the knowledge of either party...google STATING in their agreement that this is occurring shoudl cover this. SINCE the user of gmail, (not the sender) KNOWS that the incoming mails will be scanned, it is as if you called her house and she recorded your conversation and gave it to someone else...perhaps this happens in reverse of this action, in that sender ->> scanned ->> recieved.. it's still fact that the recepient knows that the "conversation" (email) is being "recorded" (scanned) therefor falls beneath such states laws....

    59. Re:Only here, apparently. by stephenbooth · · Score: 1

      How about those people who paste emails, IM logs &c into their blogs? Except in very restricted circumstances, you have no control over what someone does with an email (or IM log &c) once it's been sent/the IM session has finished. In the same way you couldn't stop someone from forwarding on a paper letter, which they could also copy, read out to others or pin it to a notice board. If you don't want something spread around, deseminated and categorised then don't send it to anyone.

      Elsewhere in this thread someone mentioned that any company along the path a mail took could store and analyse a mail to which someone responded that they wouldn't do that cos there'd be no gain to it. Well, there could be huge commercial gain to some. What is to stop your ISP from scanning the emails you send and recieve for key words and using that to profile you for advertisements? Maybe there's something in their privacy policy that would, maybe not. How many users read their ISPs privacy policy before signing up? How many users have sufficient legal knowledge to check there are no loopholes in their ISPs privacy policy? Or something in the terms of service that overrides the privacy policy. Who's to say that your email isn't being monitored for the presence of keywords that might relate to security issues which if they appear too often will flag you as a possible terrorist?

      If you don't want it scanned then don't send it, if you have to send it then encrypt it. That goes for email and paper mail.

      Stephen

      --
      "Don't write down to your readers, the only people less intelligent than you can't read" - Sign on Newspaper Office Wall
    60. Re:Only here, apparently. by Peaceful_Patriot · · Score: 1

      Oh yea, the next time you want to go after people who have made better choices in life and therefore earn more, how about you just mind your own damn business?

      I guess GW was sucessful because he made all those good choices like what family to be born into and which Daddy will fix every little mistake...like DUI's and being AWOL for weekend service during Viet Nam.

      how about you just mind your own damn business? Their success doesnt affect yours at all.

      Unfortunately, the 'success' of GW effects us all, every day.

      --
      There is nothing so powerful as an idea whose time has come.
    61. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      1. 'comments about AWOL'
      He was never AWOL. Officers who don't have a current assignment do not have a fixed schedule. They simple must complete x hours. Thanks for telling us what a CNN lemming you are.

      2. More media bullshit. about 1/2 of 1% of all millionaires inherited their wealth. Most millionaires are self made. There are plenty of examples of multimillionaire athletes and lottery winners going bankrupt. Why? Because they don't do the things that made the other 'rich' people get that way.

      3. 'Success of GW affects us all...'
      Don't know if you read up on the news but the economy is taking off, as it does every single time tax rates are reduced. 1.1 million new jobs since last august, 4.5 % growth rate currently.

      The real reality is hating GWB has become the end all of certain peoples existence. Sad.

    62. Re:Only here, apparently. by Thing+1 · · Score: 1
      OT re: your sig:

      It's actually:

      "I think fish is nice, but then I think that rain is wet, so who am I to judge?"

      Assuming, that is, you are quoting the man who controls the universe from HHGTTG...

      --
      I feel fantastic, and I'm still alive.
    63. Re:Only here, apparently. by NuclearDog · · Score: 0

      "OTOH, Google (and others) can easily use that profiled data to generate revenue by targeting ads on pages they generate. Said third parties have no such mean."

      You're saying a third party could not generate revenue just by dropping a targetted ad at the end of all e-mail messages that pass through it?

      --
      This statement is forty-five characters long.
    64. Re:Only here, apparently. by Bob+Uhl · · Score: 1

      Shouldn't it be the user's choice to sell some of his privacy in return for getting that 1GB of free space? Privacy is just another good--to prevent a man from selling his privacy is just as bad as to prevent him from selling his labour.

    65. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      Ooh, someone SO politically correct that he uses "she" as a personal pronoun, but also uses Japanese as a handle! Isn't that super-cool and trendy! Please tell me how you understand the work of faddish directors and nobody else does. Please, for the future of the human race, step in front of a bus the next time the opportunity presents itself.

    66. Re:Only here, apparently. by Anonymous Coward · · Score: 0

      Ooh, someone SO politically correct that he uses "she" as a personal pronoun, but also uses Japanese as a handle! Isn't that super-cool and trendy! Please tell me how you understand the work of faddish directors and nobody else does. Please, for the future of the human race, step in front of a bus the next time the opportunity presents itself.

    67. Re:Only here, apparently. by IllForgetMyNickSoonA · · Score: 1

      It's not (only) about the privacy of the user who receives a mail at his GMail account, it's also the privacy of other people that is compromised, who are on the sending side of the communication chain. You should not forget that not everybody has the time and/or interest to read /. or other similar information sources; most of the users (both on the receiving as well as on the sending side) will not even be aware of the fact that they give up parts of their privacy by using the GMail service.

    68. Re:Only here, apparently. by Bob+Uhl · · Score: 1
      Email is not private. Let me repeat that: email is not private. Anyone who believes that an email is private is an idiot. Emails are the equivalent of messages written on a postcard.

      Morevoer, just as with real letters, anything one writes can be shown to someone else by the recipient. There is no difference between someone choosing to use a (privacy-deprived) Gmail and someone hiring a servant to read his letters to him.

      There is no such thing as confidential communication.

    69. Re:Only here, apparently. by IllForgetMyNickSoonA · · Score: 1

      First of all, I know some very intelligent people who don't know anything about the technology behind e-Mail communication. For them, there is no reason why e-Mail communication would not be private. I would not call these people idiots. Uninformed, yes. Maybe even ignorant with respect to technology. But they are no idiots.

      Second, and more important: I *hope* you do see a difference between a possibility that a bored postman reads your postcard (knowingly breaking the law) and a systematic, computer aided parsing and categorisation of every single mail one might send or receive for commercial purposes.

    70. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      Saving and investing becomes a BAD thing when you're no longer providing jobs for others by BUYING WHAT THEY MAKE. Investing is hyperinflationary- it's just a bunch of paper shuffling with no goods produced. Which makes OTHER people go deep into debt and go bankrupt.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    71. Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

      If the gov't is having money problems, stop spending so much (which hopefully will happen in Bush's next turn).

      Why would a guy who can't figure out how to run a national campaign for less than $200 million EVER run a government on the cheap? Except, of course, to find ways to reward his buddies with more tax exemptions...which will be paid for by higher taxes in the long run by you and I. This is why ABB is the only reasonable vote left.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  2. In other news by Anonymous Coward · · Score: 2, Insightful

    In other news Google announced it was moving out of California to get away from the usual knee-jerk legislation that plagues the state.

    Seriously, what's wrong with these people?

    1. Re:In other news by Anonymous Coward · · Score: 0

      Yahoo! has some powerful lobbies... Or, more likely, Yahoo! stock is owned by a lot of legislators.

    2. Re:In other news by wo1verin3 · · Score: 3, Funny

      It's not knee jerk.. I kind of understand it.

      The lawmakers are concerned about logging in to Gmail from a public area because someone around them may see the ads for 'cheap hooker now' and 'discount for bulk viagara purchase' ads generated after Gmail scans their archived e-mail.

    3. Re:In other news by The+Clockwork+Troll · · Score: 1
      Yahoo! has a pretty big investment stake in Google.

      You think they want to drive the price down before the IPO?

      --

      There are no karma whores, only moderation johns
    4. Re:In other news by D'Sphitz · · Score: 2, Informative

      Google has stated many times that it will never serve pornographic or tasteless ads, through GMail or Adwords or any other means.

    5. Re:In other news by Anonymous Coward · · Score: 0

      I know this was meant to be funny, but think about the situation for a minute. Would you want to be profiled by the content of ALL the email you receive? I'm on several mailing lists and get about 100 legitimate emails a day. But I also get 300-400 spam emails pretty much every day. Based on the volume of emails I receive, one could (incorrectly) assume I had a tremendous interest in V1agra, C1al1s, and buxom teenage girls having fun with farm animals.

    6. Re:In other news by wo1verin3 · · Score: 1

      But it's not based on the e-mail you recieve, it's based on mail you recieve and mail you archive. If you mark soemthing as spam, the adwords you see in the future won't search through the spam messages.

  3. uh.... by cartzworth · · Score: 0, Offtopic

    and this affects me how?

  4. Off shoring? by DaHat · · Score: 5, Funny

    Perhaps now we'll see Google move their operations and offices to India.

    1. Re:Off shoring? by savagedome · · Score: 1

      They already have office there.

    2. Re:Off shoring? by TykeClone · · Score: 1

      Maybe he meant Iowa

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    3. Re:Off shoring? by spirality · · Score: 1

      Never know. Perhaps New Mexico? California is becoming less and less business friendly everyday.

    4. Re:Off shoring? by Anonymous Coward · · Score: 0

      Well, they are working on one on the moon

    5. Re:Off shoring? by Bob+Uhl · · Score: 1
      Or try Colorado. Prices can be quite nasty, esp. around Denver, but we're slightly less bone-dry than New Mexico, and we've excellent beer, more people (and hence more things like operas, theatres, live music and so on). The beer, for one, is amazing. There are three top beer states: Washington & Oregon compete for slots 1 & 2; Colorado is always third.

      On second thought, every new person drives up housing prices--stay home:-)

  5. You can sign away rights, yes? :-) by BerntB · · Score: 1
    But we can sign away rights so they can do two versions?

    At least for us booring nerds that are mainly interested in hiding how booring we are? :-)

    --
    Karma: Excellent (My Karma? I wish...:-( )
    1. Re:You can sign away rights, yes? :-) by ozric99 · · Score: 1

      I don't think you can. Well, at least not the more important ones - you can't sign yourself into slavery, for example.

    2. Re:You can sign away rights, yes? :-) by DaHat · · Score: 2, Interesting

      ... and yet cigarettes and caffeine are legal.

      You can sell yourself into slavery of sorts, in this case to an addictive substance and the slave drivers that produce and sell them... just so long as said substance is legal.

    3. Re:You can sign away rights, yes? :-) by NonSequor · · Score: 1

      Too many people don't know how to spell lose. Please don't do the same thing to bore.

      --
      My only political goal is to see to it that no political party achieves its goals.
    4. Re:You can sign away rights, yes? :-) by sumdumass · · Score: 0, Flamebait

      lets get real.. adictions are for weak people that don't have an aptitude for responcability. With vigilance people can control thier adictions just as easy as they can thier car (if they couldn't then there would be no rehab places or programs). Saying smoking and caffien is selling your self into slavery is totally outragious. Now if you were to mention geting stuck at a dead end minimum wage job because you didn't pay attention at svhool i would believe you. but even that has fixes to it.

      people that are addicted to substances are addicted because thier want to be. plane and simple. It is a choice of free will to use and to continue to use them. slavery isn't.

    5. Re:You can sign away rights, yes? :-) by Anonymous Coward · · Score: 0

      Isn't that more like buying your way into slavery?

    6. Re:You can sign away rights, yes? :-) by Reducer2001 · · Score: 2, Funny

      I didn't realize you could be addicted to bad spelling!

      --
      When you get to hell -- tell 'em Itchy sent ya!
    7. Re:You can sign away rights, yes? :-) by DaHat · · Score: 0, Offtopic

      You say that with the sureness of a person who has lived with a physical addiction first hand and has overcome it, and frankly, I am insulted by what you said, simply because you no nothing of what you are trying to talk about.

      As a person who has known many people who have struggled with addiction and some of whom have beaten them, I can say that you are completely full of crap on what you said above. Of those people I've known, not one has been a weak minded or weak willed person as I do not associate with the weak in such a way. Such an addiction, while unfortunate and destructive, is their own fault in almost all cases yes, that does not mean they can simply fix a problem they created for themselves.

      With vigilance people can control thier adictions just as easy as they can thier car (if they couldn't then there would be no rehab places or programs).

      If people could overcome an addiction so easily, there would be no need for rehab programs! I don't recall anyone ever going to a support group of having to be sedated during withdrawal because they sold their car for instance. With such a statement you continue to prove yourself as completely ignorant regarding addiction.

      Are you saying then that a 14 year old who tries a cigarette thinking it's cool and ends up becoming a chain smoker wanted to get addicted? I can virtually guarantee you that the thought of addiction did not enter into their mind, irresponsible yes, but they are young and make mistakes. It is sadly one of those mistakes which can haunt you for many years to come.

      Go ask a smoker on the street corner if they ever intended to get addicted. Ask the same of a crack addict or an alcoholic. The universal answer will be NO!

    8. Re:You can sign away rights, yes? :-) by BerntB · · Score: 1
      Hey, it's Friday, I'm not completely sober. :-)

      (Besides, the first time wasn't a mistake.)

      --
      Karma: Excellent (My Karma? I wish...:-( )
    9. Re:You can sign away rights, yes? :-) by BrainInAJar · · Score: 1

      Go ask a smoker on the street corner if they ever intended to get addicted. Ask the same of a crack addict or an alcoholic. The universal answer will be NO!

      Actually I picked up smoking at 19 so that I could become addicted to something mostly benign in day to day affairs, so that I can know what it's like to try to kick an addiction.

    10. Re:You can sign away rights, yes? :-) by jrockway · · Score: 1

      > Why should I be tarred with the epithet "loony" merely because I have a pet halibut?

      Why should I be tied with the epithet looney merely because I wish to protect my redundancy protocol?

      --
      My other car is first.
    11. Re:You can sign away rights, yes? :-) by sumdumass · · Score: 1

      you would be surprised at what people claim to be addicted to.. look at you, your adicted to making anal remarks about grammer. But like I was saying, it is all by choice.

    12. Re:You can sign away rights, yes? :-) by sumdumass · · Score: 1

      hmm.. Were to start on this. Well first, don't jump to asumptions. you totally took this out of contex. my point wasn't that adictions are somethign made up. my point was that addictions cannot be compared to slavery or bondage, you can overcome adiction but are stuck with the other.

      second, the support groups people go to are thier to help people deal with what they are not strong enough to deal with on thier own. Don't take offense at it but a stronger minded person would be able to over come those weaknesses or adictions on thier own. It has happend in the past and will happen again in the future. Overcoming an adiction isn't entirely easy but it is possable to do with or without help from others. A person with a strong mind and a desire to overcome the addiction will be able to do it on thier own. Most will be able to do it as easy as driving thier car.

      Now you say i know nothing about what i am talking about.. i had a $300 a day coke habbit for around 3 years. Of course it wasn't an adiction in my mind because i wanted to do it. it wasn't until i wanted to stop i realized how hard it was. i know enough about it to say you can quit cold turkey and defeate the habbit without going to rehab or being stuck in a support group for 6 months to a year. Also I know others with adictions that have done the same when we started seeing friends die off like rats becuase of what we were doing.

      Also i'm sure when 14 year olds start smoking they aren't even thinking about being adictive. too much in these days adictivness has become a copout for people that are being presured to quit a habbit and have no desire to quite. If they can claim a disease that allows them to continue they will. Smokers do this, drug addicts do this, about any type of person does that. they either need the attention involved with claiming an adiction or really enjoy what they are doing and don't want to stop as much as whatever force is presuring them to. Most adict's don't want to stop on thier own, it is usually someone or somethign is asking them to quit and they finally get talked into it. (And you will find that most adicts will go back to thier adiction untill they themselves desire to quit)

      Another point.. because of decisions made in that past, i am now often straped for cash sever months in a row. I can and have gone from smoking 1.5 packs of smokes a day and a can of snuff evey 2 days (because i enjoy it) to none for several months at a time. No i don't use the patch, also didn't goto any anti smokers meetings or hyponosis or anythign like that. i used the i don't have the money so i'm not buying program. It's easy , anyone can do it. the hardest part is remebering you don't have enough money when you goto the store. IF tobaco was so addictive, then how is this possible? People claiming they can't quit are really saying they don't want to quit. They put on a sharade for whatever force is makign them quit.

  6. They're kidding right? by Anonymous Coward · · Score: 0

    Seriously, how can they legislate against that kind of a thing? Could google at least make it an option that defaults to off?

  7. What, do lawmakers get paid per law now? by Skyshadow · · Score: 5, Insightful
    Good 'ol stupid California*.

    It seems to me that companies ought to have a right to exchange services with people on terms that both sides agree on. If Google wants to offer a gig of email in exchange for being able to stick context-oriented ads in it, they ought to be able to do so -- if you don't like it, buy your own damn email.

    Hell, if Google wanted to offer me a gig of email in exchange for being able to read my messages, print out the embaressing ones and pass them around their offices, they should be able to do that, too. If I don't like it, I don't have to sign up.

    But no, here in CA we never met a regulation or inhabition to business that we didn't like. God forbid the legislature not spend yet more time not fixing our insane budget problems.

    * - Don't kid yourself. We still beat the hell out of your crappy state/country.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:What, do lawmakers get paid per law now? by savagedome · · Score: 4, Insightful

      I completely agree. And for the paranoid, remember, that regular email is like sending postcard. Anybody on the route to destination can read it. If you don't want people reading/searching/printing your email, you should encrypt it. Period.

      How many times do we need to say this? Jeez

    2. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      Don't worry, NY is doing all it can to see that you aren't the only state that can screw things up so badly.

      >* - Don't kid yourself. We still beat the hell out of your crappy state/country.

      I'd agree, but we have Elliot Spitzer, and I'm afraid agreeing would get me indicted.

    3. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 1, Funny

      * - Don't kid yourself. We still beat the hell out of your crappy state/country.

      Oh no you don't. You don't have a group of DFL'ers that got owned by Fox get completely drunk during late night sessions and voting either wasted (or better yet, having someone else vote for you). Minnesota might suck basketballs but they certainly aren't fucking around when it comes to making laws.

      See here for all the great details.

    4. Re:What, do lawmakers get paid per law now? by Unnngh! · · Score: 0

      You're right in regards to Gmail, IMO. However, this is a small example of a larger effort by the government (any government) to protect the people. What if Gmail was some nefarious product that would hurt people who used it, and it was just too complicated for most users to understand the potential harm? Then the government's restrictions would most likely be lauded. Many here and elsewhere are for the government placing restrictions on MS, which I think is bunk myself. Oh, well...

    5. Re:What, do lawmakers get paid per law now? by TheRealMindChild · · Score: 1, Interesting

      While I agree with you for THE MOST PART, it really CAN NOT always be that way.

      Remember the 80's when credit card companies would give anyone a credit card at like 50% interest, compounded minutely? Some people were just stupid... some mislead... but either way, it had to stop, because even though there was a mutual agreement, more times then not, people signed away their soul because of other dire situations.

      This IS good. It keeps commercial entities from offering a service, and requiring your soul as payment. As rediculous as some corperations would be, there would always be someone that will sign their life away.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    6. Re:What, do lawmakers get paid per law now? by drmike0099 · · Score: 5, Insightful

      Schwarzenegger said it, and now I'm starting to believe it, that our full-time legislature simply has too much free time on its hands and is passing all sorts of silly laws (I think that's almost a direct quote). It's mind-boggling to me that they would waste my tax money to pay for them looking at this sort of useless crap, but they can't be bothered to look at other stuff that is actually important (education, environment, etc).

    7. Re:What, do lawmakers get paid per law now? by six11 · · Score: 5, Interesting

      Just one of my many ideas on how to make government better: affix a time limit on every law. When the time limit is up, they have to vote on it again, and it has to pass with a larger percentage than it did the first time. Not only would this cull out silly knee-jerk laws like Patriot or this Google nonsense, it would also force lawmakers to deal with their mistakes by repealing laws, rather than spending time fucking things up for everybody else and increasing the number of laws on the books.

      Re California: If Cally is so cool, why are you all migrating to Colorado?

    8. Re:What, do lawmakers get paid per law now? by Skyshadow · · Score: 5, Insightful
      Remember the 80's when credit card companies would give anyone a credit card at like 50% interest, compounded minutely? Some people were just stupid... some mislead... but either way, it had to stop, because even though there was a mutual agreement, more times then not, people signed away their soul because of other dire situations.

      Whatever. I don't consider protecting people from their own stupidity to be a major legislative priority -- all that ever does is end up hurting the rest of us who have some detectible level of brain activity.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    9. Re:What, do lawmakers get paid per law now? by AJC123 · · Score: 1
      * - Don't kid yourself. We still beat the hell out of your crappy state/country.
      Now you think California is a country? Then again, if they're passing laws like this, maybe you aren't alone.
    10. Re:What, do lawmakers get paid per law now? by Nephilium · · Score: 3, Insightful

      But what if I don't want the government to protect me?

      If I want to pollute my body with cigarettes, booze, caffeine, fat, and sugars... I should be able to... (mmmmm... Irish coffee...)

      If I want to allow anyone access to my computer, I should be able to. If people can't understand what they're doing, why is it my job to protect them? (Barring when they're doing something that harms me in some way.)

      We don't need more laws... we need smarter people...

      Nephilium
      Age does not always bring wisdom, but it does lend perspective. -- Jubal Harshaw in Stranger in a Strange Land

    11. Re:What, do lawmakers get paid per law now? by JofCoRe · · Score: 3, Insightful

      Some people were just stupid... some mislead... but either way, it had to stop, because even though there was a mutual agreement, more times then not, people signed away their soul because of other dire situations.

      Stupid people deserve to be held responsible for their stupid actions. What is it w/the thinking that nobody is responsible for what they do, because someone "tricked" them or whatever the fuck the reason is this week. If you don't know what you're getting into, ask someone that does. Even stupid people sometimes have smart friends. And if you're too fucking stupid to get along in society without royally fucking yourself over due to your own stupid decisions, then you deserve what you get.

      Bottom line: people need to be held responsible for their own actions. The government should not be protecting us from our own stupidity. They're just hindering natural selection :)

      --

      Place sig here.
    12. Re:What, do lawmakers get paid per law now? by spankfish · · Score: 1

      well, it _is_ a republic... go figure.

      --

      NO TOUCH MONKEY!
    13. Re:What, do lawmakers get paid per law now? by damiam · · Score: 1
      The reason government regulates cigarettes and booze is because your use of them can cause harm to other people. Government is not protecting you from yourself, it protecting others from you.

      That said, this anti-GMail legislation is mind-bogglingly stupid.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    14. Re:What, do lawmakers get paid per law now? by Seumas · · Score: 1

      Remember the 80's when credit card companies would give anyone a credit card at like 50% interest, compounded minutely? Some people were just stupid... some mislead... but either way, it had to stop, because even though there was a mutual agreement, more times then not, people signed away their soul because of other dire situations.

      I'm sorry, but you make your choices and you pay your dues. No matter what is happening in your life, you are never forced to sign up for a credit card regardless of the terms.

      Government has no place dictating what stupid things I can do to myself and what stupid contracts I can agree to. If I'm so brain dead that I don't know 50% interest is a bad deal and I'm willing to pay that, then I deserve to be eaten alive financially and turned into soilent green.

      Protecting stupid people from hurting themselves only worsens the gene pool.

    15. Re:What, do lawmakers get paid per law now? by Exocet · · Score: 1

      That's an extremely good idea - I'd never thought of that before. The book that the judge throws at you would be significantly less thick, that's for sure. A good thing, really. Old laws that don't apply (or shouldn't) could just get not renewed. Excellent.

      --
      Exocet Industries - Taking over the world, one computer at a
    16. Re:What, do lawmakers get paid per law now? by StupidKatz · · Score: 1

      FYI, that sentence is read as "We still beat the hell out of your crappy state or country."

      The slash is shorthand, or something, for "or". Also substitutes for "and" as well as "and/or".

    17. Re:What, do lawmakers get paid per law now? by Seumas · · Score: 1

      The government has no business regulating privacy practices in private industry until they stop the STASI-like TIA-style/echelon practices of their own.

    18. Re:What, do lawmakers get paid per law now? by schwaang · · Score: 0, Troll

      Kinda like Hitler burning down the Reichstag. Democracy can be so pesky sometimes.

    19. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      The reason government regulates cigarettes and booze is because your use of them can cause harm to other people. Government is not protecting you from yourself, it protecting others from you.

      Everybody stand back! I have a beer and I'm not afraid to use it!

    20. Re:What, do lawmakers get paid per law now? by abolith · · Score: 0, Flamebait

      i belive it is called Commiefornia....

      --
      if you want "No More Hiroshimas" then I say "You First. No More Pearl Harbors."
    21. Re:What, do lawmakers get paid per law now? by mojorisin67_71 · · Score: 1

      >The reason government regulates cigarettes and booze is because your use of them can cause harm to other people. Government is not protecting you from yourself, it protecting others from you.

      That is bogus. What harm can one cause by smoking
      a cigarette in my own house without no one around.
      Yet the governments regulates it.

      Governments have always regulated (often based on political pressure). We might not
      agree with the regulations but still we have
      to follow them.

    22. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      Gmail is free dumbass. Your analogy about the credit card doesn't work here. And laws aren't for the protection of the stupid despite what you might think.

    23. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      how do they regulate you smoking it in your own house exactly?

    24. Re:What, do lawmakers get paid per law now? by jdavidb · · Score: 1

      It seems to me that companies ought to have a right to exchange services with people on terms that both sides agree on.

      I agree, but this has had many implications that I have struggled to come to grips with. This amounts to saying it's okay with me if people do certain things together that I might believe are morally wrong, as long as they both agree together and don't affect anyone else. It amounts to saying that whether or not people know what is best for them, it is not up to society and/or the government to come "help" them make the right decision. It amounts to saying that government is not entitled to pass just any old law, simply because something is a "good idea."

      It means that if people want to consume foods that are bad for them or worse, drugs that are bad for them, we have no business interfering. (I thought California had this figured out, actually.)

      It means that if two people want to exchange "services" of a nature that I personally find immoral and abhorrent, I can't try to use government to stop them. Whether such "services" are exchanged for money, for pleasure, or whatever.

      It means that there's a universal "morality" of sorts that says you can agree to anything but can't make someone do something against their will; interestingly, it also means that whatever other morality you might subscribe to, you can't force it on anyone unless they agree to it.

      It means wages can't be set by law.

      It means software licenses are more or less legitimate, although we might still question the "shrink-wrap agreement" stuff.

      It means that no fault divorce should perhaps be eliminated in cases where the two parties agree to that kind of binding agreement.

      Some of these scare me; a different set of them may scare you. Meanwhile, some delight me. All in all, though, I've concluded that I can't delegate to government a right that I do not have, that a group of us cannot delegate to government a right we do not have, even if we vote on it and majority wins, and that I can't condone the use of government to interfere with people's private agreements and decisions as long as those decisions do not directly affect anyone else.

      Scary. But it could make for a remarkable world.

    25. Re:What, do lawmakers get paid per law now? by Moofie · · Score: 1

      Er, setting your apartment on fire because you fell asleep with a burning stick in your mouth? Happens all the damn time.

      I agree with you in principle, and I don't think that smoking should be illegal, but I do think that people that do it should be responsible for the costs of their actions.

      --
      Why yes, I AM a rocket scientist!
    26. Re:What, do lawmakers get paid per law now? by sumdumass · · Score: 1

      the government regulats cigs and alchohol because there was is a tax revenue being colected from it. after ww2 the feds started taxing tobace to pay veterens benifits and it has increased since then, alcohole was taxed and regulated ever since it came back from prohibition. that was basically the only reason prohibition was apealed too. it wasn't the government saying alcohol was dangerous to you or others that caused prohibition, it was all the women getting pissed when thier husban drank thier entire paycheck and went home with some other girl. No this is somewhat legal because you pay a taxe to do it..lol

    27. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0
      If Cally is so cool, why are you all migrating to Colorado?

      Not all are. Many are migrating to Texas. When they arrive they usually complain about it not being exactly like California :-(

    28. Re:What, do lawmakers get paid per law now? by Chibi+Merrow · · Score: 2, Informative
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    29. Re:What, do lawmakers get paid per law now? by Fnkmaster · · Score: 1
      Heh, well, I've had credit card companies send me credit cards several times without me asking. I've also had them drastically change my rates on me without my permission. I am not "stupid", but I only have so many hours in my day to fight with semi-fraudulent companies who fuck me out of 20 bucks here or there. But now imagine these companies fucking hundreds of thousands of people out of 20 bucks here or there. That's why they do it - many people don't have enough hours in their day to completely and carefully evaluate everything they are sent in the mail, every offer made to them, and so on.


      Without reasonable consumer protection laws, it would be impossible to do business. Yes, there is a tradeoff, businesses and individuals should be able to enter into reasonable contracts with each other, but laws are needed to make sure that people know about unreasonable terms they may be unknowingly agreeing to, and in egregious cases where a company or industry has proven itself incapable of being honest with its customers, the activity needs to be banned.


      The other problem here is that if you just force companies to "notify" their customers of certain things, they will often bury the bad stuff under reams of legal mumbo-jumbo in some click-through agreement. Sometimes, laws need to specify the way in which consent is obtained and the explicitness by which that consent is obtained to make sure people are actually being told of the deal they are entering into.

    30. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      If someone is willing to sign their life away, why do you have the right to stop them? Because by your standards they're being "stupid"?

      They aren't your minor children, and you have no buisness acting in loco parentis. Free people are by necessity free to make what others consider mistakes.

    31. Re:What, do lawmakers get paid per law now? by Chibi+Merrow · · Score: 3, Insightful

      I don't see the point of your comment, since people who burn down apartment complexes through negligence are already held accountable; whether it's from falling asleep smoking, knocking over a bong, or lighting your farts, it doesn't matter. The point is the government over-regulates everything, and when it moves into areas like regulating what you consume it's gone too far.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    32. Re:What, do lawmakers get paid per law now? by six11 · · Score: 1

      I'm also sort of a conspiracy theorist, at least when it comes to restricting the growth of lawbooks. Consider that lawmakers are by and large lawyers, and even those that aren't are still subject to very powerful lobbies. They have a vested interest in keeping the law complicated, because it not only keeps them employed, it also keeps them rich. No, lawmakers would never go for this idea.

      (This also goes for the accounting and finance industries along with the IRS Tax Code: a simplified tax code would put thousands of people out of work!)

    33. Re:What, do lawmakers get paid per law now? by nomadic · · Score: 1

      It seems to me that companies ought to have a right to exchange services with people on terms that both sides agree on. If Google wants to offer a gig of email in exchange for being able to stick context-oriented ads in it, they ought to be able to do so -- if you don't like it, buy your own damn email.

      Yeah, but you're not the only person involved. What about the person you're writing to? I'm not signing up for gmail, and I don't really want google to read anything I send to a gmail user.

    34. Re:What, do lawmakers get paid per law now? by toddt · · Score: 1

      This is slightly off-topic, but maybe still interesting.

      I worked for one of those credit card companies for a while. Our specialty was to find the really, really, really crappy customers (bankruptcies, overdue loans, the works) that no other credit card company would touch. We'd offer them credit cards with high interest rates, high sign up fees, and low credit limits.

      This turned out to be enormously appealing to those customers. As it turns out, to function in today's society, you *need* a credit card. Not for the credit limit, but because it's a huge pain in the ass to reserve airline tickets, make hotel arrangments, get a rental car, buy things on the internet, and on and on and on. Life without a credit card can be a hassle.

      People need credit cards, even if they're crappy credit cards that exist to screw you. And people will pay whatever price you set for those cards if they can't get them any other way.

      Is is a fair business model? Yeah, I think so. In the same way that insurance companies raise your premium through the roof if you get in an accident every month, credit card companies raise your interest rates and fees if you habitually default on other loans. It's the only way to be profitable in that market segment.

      The end of the story for the credit card company I worked at is this: as it turns out, the "give credit to people who don't deserve it" model only works in a growing economy. When the economy was booming a decade or so again, our stock went through the roof because enough of the poor credit risks were paying back their loans.

      When the economy began to contract, all those people who defaulted once said, "Hey! That worked great the first time, I think I'll do it again!" Instead of our stock going through the roof, our loan loss rates went through the roof, and our stock went from $60 to $2 in a matter of weeks (look at the chart for PVN, if you're curious).

      Live by the sword, die by the sword. Or something like that.

      Todd

    35. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      just because some cases allow for interference, does not give the govt/society the broad right to do it on any occasion.

      wage laws benefit society in general.

      so thats not even relevant because a lot of your examples are in the same class.

      software licenses dont benefit society.

    36. Re:What, do lawmakers get paid per law now? by ThisIsFred · · Score: 1

      Yup, the only way to do it is to let people be responsible for their own actions. No other way is fair, or makes sense. As far as interest rates on credit, credit cards companies weren't being predatory, people just don't understand how a revolving credit account works.

      See, back in the Bad Ol' Days, when American Express was king of the hill, you had to pay the full balance at the end of term (usually 30 days). You also had to be making some pretty good income and have your finances in order to get a credit card, and if you didn't pay the full balance, it was a lot like defaulting on a regular loan. Now anyone and his dog can get a credit card, you can spread out the payments over your lifetime (if you're that negligent), as long as you don't go over your limit, and you make at least the minimum payments. People can gripe all they want about "50 per cent interest compounded minutely", but they'd never pay a dime of that if they just pay the goddamn balance in full and on time. If you ask me, I like the freedom allowed by a credit card, and by the fact that the current system actually allows a middle-class shmuck like me to have one.

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    37. Re:What, do lawmakers get paid per law now? by barc0001 · · Score: 1

      I'm not signing up for gmail, and I don't really want google to read anything I send to a gmail user

      Then don't send it. Problem solved. Is there someone from Google putting a gun to your head forcing you to send it?

    38. Re:What, do lawmakers get paid per law now? by nelsonal · · Score: 1

      Credit cards have generally been Prime plus n% where n is based on your credit risk and usually between 9% and 15% (after that they start making you prepay the credit card or just won't give you one). In the 80s prime was a whole lot higher than it is now. Also compounding periods smaller than todays (daily rate) don't add too much to the effective interest rate 18% APR is effectively 19.56% compounded mounthly, 19.71% compounded daily and 19.72% compounded both hourly and minutely. The biblical axiom is true, the borrower is servant to the lender. Your grandma and older adivice are generally correct stay out of debt, the only exception would be if you can finance an income producing asset with debt (that returns more than the debt) it is ok (not great, but ok) to take on debt. Another axiom is true lots of good ideas have failed but no one who was not leveraged ever lost their shirt due to that failure.
      That being said, I don't think I could enter the credit card business (or worse the paycheck advance business they make loan sharks look generous).

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    39. Re:What, do lawmakers get paid per law now? by Moofie · · Score: 1

      I don't think that regulating what you consume should happen. I do believe that the consumers should bear the costs. IE for good filtering systems in public venues, higher rent if they opt to smoke inside, higher healthcare premiums, etc.

      Smoking has costs that are borne by non-smokers. In the best of all possible worlds, those costs would be minimized. (This principle also holds true for any discretionary activity...not just smoking)

      --
      Why yes, I AM a rocket scientist!
    40. Re:What, do lawmakers get paid per law now? by PsiPsiStar · · Score: 1

      While I agree with this in principle, too often I've had businesses try to hide really stupid or dangerous clauses deep down in the 50x plus pages of contract that they ask a person to click through. Add to this the notion of 'shrink wrap liscenses' where you have to agree to the terms AFTER you've bought the software product, and the stores won't let you return the program even though by law they're supposed to... Informed consent is one thing. Trying to hide the terms of an agreement is not right. One credit card tried to hide a $40 charge in the small print, and it was only because I was willing to read through reams of garbage legalese that I caught it. I could have missed it easily. I'm not stupid. I just don't have time to wear my lawer-in-training hat all frigging day. (Because I'm busy reading Slashdot) They were trying to hide it. That's just not right, but that's what companies do if you let them.

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    41. Re:What, do lawmakers get paid per law now? by CreatureComfort · · Score: 1


      It doesn't make any difference, full time or not. Here in Texas the legislature only meets for a few months every two years. In that time they still only (just barely) get the budget voted on and waste money and time looking at useless crap. Then the governor calls two "special" sessions, which by law can only last 30 days, to attend to real problems like school finance (Which they still couldn't agree on, so the courts will get to decide it again).

      --
      "Unheard of means only it's undreamed of yet,
      Impossible means not yet done." ~~ Julia Ecklar
    42. Re:What, do lawmakers get paid per law now? by jander · · Score: 1

      I've pondered the same solution for several years. One of the best points is that it would require that existing laws be enforced. The drawbacks that I have come up with, however, would be attaching "riders" to bills - If a $500 billion spending bill was attached to a law making murder a crime, then anyone voting against it would be supporting murderers and "undermining the rule of law".
      You could even make federal laws "permanent" by requiring them to go through the same process as a constitutional amendment. I could see this reducing the "cruft" in the legal system today, and allow unpopular/knee-jerk laws to fade away after, say, six years (to keep it in step with senate terms)

      --
      An ounce of perception is worth a pound of obscure
    43. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      Good thing they don't get paid based on power grid up time ;-P

    44. Re:What, do lawmakers get paid per law now? by Chibi+Merrow · · Score: 1

      Well that's the idea of personal responsibility. You *KNOW* smoking is bad for you, so if you get lung cancer society shouldn't have to foot the bill. Saves insurance and the government the pain of having to deal with stupid people and lets resources be redirected to people who need help due to no fault of their own (Schizophrenics for example).

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    45. Re:What, do lawmakers get paid per law now? by Xofer+D · · Score: 4, Insightful
      As rediculous as some corperations would be, there would always be someone that will sign their life away.

      It's not clear if we agree or not, but I am certain that it is the case that some limits to contract law are reasonable for reasons other than just to protect the stupid. I'm not sure what you mean, so I'll just go on and hope we agree by the end. Reading some of the replies to your comment, it is clear that some people aren't thinking carefully enough about what they are writing.

      It is not the case that individuals can always negotiate a fair contract with corporations, and it is disingenious to cast the transaction as one between equals. The power differential is severe, and does not favour the individual. To observe this in action, try to negotiate your own cell phone package, or a la carte channel access from your cable company, or to buy half-life licenses without buying the game CD. The only decision is to take what is already offered, or leave it if what is offered is not exactly what you want. There is no chance to say "Do you have this in green?" or "Could I just pay you $10/mo for this instead of being spammed?" or "Please, not in the face!" - you are not dealing with a person and cannot negotiate.

      Furthermore, it is common practice to ratchet offerings across an entire industry so that the consumer is not offered any choices. This is why you cannot get a credit card without signing away your financial privacy, and even why it is very hard to get some kinds of work without signing away your rights to spurious ideas you have while coincidentally at the office.

      It is of note that some very popular laws in Canada and the USA agree with the viewpoint I am expressing. It is impossible to contractually sign away your human rights, for example. Further, it is impossible under our law to contractually agree to work under conditions that are prohibited by the labour laws (ie, you cannot agree to work for less than a minimum wage, hand-pack asbestos, etc).

      The bottom line is that what we consider "rights" are in fact things that can be taken away, and it is simply the overwhelming will of the people that nobody should allow them to be taken away. If we permit people to contractually agree not to be protected by this will, then these "rights" are meaningless as we can be forced by circumstances (that can be created by others, note) to sign away our rights. Consider for example the case of the minimum wage: The majority of the populations of Canada and the USA seem to agree that there are wages that provide a standard of living below which nobody should be forced to work. If the law allows me to sign away my right to do so, then I may choose to work for that wage rather than go hungry - however by my stated assumption, nobody should have to make that choice (the astute will notice that this does not imply a solution; discussion of solutions to this problem are beyond the scope of this post). History backs this up; consider the living situation of the industrial world prior to the labour movement, with killing duty cycles, punishing labour conditions, child labour, etc. The 40-hour work week, the minimum working age, and the weekend are all products of that movement, and both are essentially constraints on contract law.

      One of the central problems with capitalism is that it only works if we assume perfect or near-perfect competition. This does not happen in reality. As a caveat, the problem with many forms of socialism is that they only work if we assume perfect or near-perfect cooperation, which also does not happen in reality. I'm sorry, but it turns out there are no simple answers and it is likely that neither extreme socialism nor libertarianism are the answer in the real world.

      --
      The Signal/Noise ratio can be improved in two ways. Remaining silent is the OTHER way.
    46. Re:What, do lawmakers get paid per law now? by beta21 · · Score: 2, Insightful

      I agree with you wholeheartadly. But who the hell is going to protect us from the Governments' stupidity?

    47. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      What good would the search features be on encrypted email?

    48. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      I disagree.

      Many are migrating to Sacramento, CA. I'm seeing alot of Texas license plates around here lately.

    49. Re:What, do lawmakers get paid per law now? by PsiPsiStar · · Score: 1

      Companies aren't put under enough pressure to provide informed consent. They try and hide terms in pages of legalese. If credit card companies advertised the harsher parts of their terms with the same energy that they advertise the cards themselves, a lot of them wouldn't have customers.

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    50. Re:What, do lawmakers get paid per law now? by bugnuts · · Score: 1

      I've thought about this before, too, and considered what effects mandatory time-limits might have.

      But what about the constitution? Does that have a time limit? (maybe with the current administration.... :-)

      And passing with a higher (or equal) percentage is crazy, imho. That means that you can strike a law that passed unanimously with a single nay vote! Original vote 100 for, 0 against. Revote is 99 for, 1 against.... law is repealed. Talk about buying votes.

      Here is some things mandatory time limits on laws would do:

      stupid laws repealed, eventually
      So, all those "you can't carry a saddle into a bar while armed" would fall off the books. Recently, a jilted woman tried to sue using a very little-known law against courting a married man. Or something... one of those 1890's laws that occasionally gets brought up by vindictive plaintiffs or government agencies that are reaching for anything to charge someone with.

      good and bad laws would be striken depending on the political wind
      We would eventually lose some bad laws, but also lose some great laws designed to protect your freedoms, depending on the political wind. Think things like Roe v Wade. Politicians would become incredibly corrupt -- wars would be started and international conflicts timed to resolve just to influence upcoming revotes. Remember how the republicans got Iraq to hold off releasing hostages until Reagan was elected? Depending on the time limits (20 years? 1 year?) we'd be barraged with propaganda. Politics is nasty now, it would just get worse. I believe it would ultimately harm our freedoms significantly, especially in such times as a one-party house/senate/president.

    51. Re:What, do lawmakers get paid per law now? by LostCluster · · Score: 1

      If a part-time legislature is constantly backlogged with the important issues like a budget, then there's no way for them to pass trivial laws nobody really asked for.

      Another key factor is that part-time legislatures in general are paid less for their services, requiring nearly every member of the state legislature to hold a "real job" during the off season.

      This is a case in point right here... this bill is not likely to even be considered by the House, and even if it does pass there Arnold's gonna veto it. It's such a dead bill, why'd the Senate waste taxpayer time and money going through the motions?

    52. Re:What, do lawmakers get paid per law now? by Ralph+Wiggam · · Score: 2, Insightful

      The important issues are much larger and more complex than the little ones like email. That makes them difficult to solve. More importantly, any attempt to solve a huge issue like the budget is going to piss off a big group of voters. The way we have organized the system, pissing off any significant group of voters is political suicide. So what we get are state legislatures like Louisiana that ban low rise pants. The important stuff is ignored at all of our expense.

      -B

    53. Re:What, do lawmakers get paid per law now? by therblig · · Score: 1

      This might be more valid if every email provider was doing this, the way that credit card companies did this in the eighties. I am not familiar with the quality of choices of credit cards that were available then, but there is plenty of choice today in the types of free and paid email accounts. If people don't want the privacy infringements they fear from Google, but they want free mail, they can go to Yahoo, Excite or Hotmail.

      --

      I struggled for days and days and all I got was this lousy sig.

    54. Re:What, do lawmakers get paid per law now? by nomadic · · Score: 1

      AKA libertarianism to the point of idiocy. The market can't solve every problem, and we shouldn't rely on it to.

    55. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      > Well that's the idea of personal responsibility. You *KNOW* smoking is bad for you, so if you get lung cancer society shouldn't have to foot the bill.

      And yet plenty of smokers do go to social programs when they get cancer, If your dumb enough to do something you know is a stupid idea how can we possibly trust you to do it safely.

    56. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      Terms of use on my credit card application: If this application is not received in 3 days you will be chemically castrated.

    57. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      did you not have a mother to teach you simple ethics. If your of superior intellect then you use that to help others, not hurt them.

    58. Re:What, do lawmakers get paid per law now? by schwaang · · Score: 1
      Kinda like Hitler burning down the Reichstag. Democracy can be so pesky sometimes.

      Hurrumph. For mods who thought that was -1, Troll, consider this:

      Any attempt by the executive branch to limit the existing powers of the legislative branch is suspect.

      Plus, Arnie speaks German.

      Ok Ok. Flamebait maybe, but please not Troll.

    59. Re:What, do lawmakers get paid per law now? by black+mariah · · Score: 1

      Absolutely none, which is the entire point. Duh.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    60. Re:What, do lawmakers get paid per law now? by bugnuts · · Score: 1

      Better regulate stoves, ovens, hair dryers, tumble-dryers, and coffeemachines, too. And make a special tax on them.

      Laws are made simply because a group of typically idiots got together and said "hey, what can we do to screw with the people that we personally don't like? Damn those feds for making it illegal to mess with the gays. I know, let's require breathylizers on all new cars!"

      All lawmakers do this all the time, it's just more obvious when small cities are trying to abuse honest folks they consider "the wrong sort" in order to run them out of town sans rope and torches. But it happens at every level... even the highest where it's the most abusive.

    61. Re:What, do lawmakers get paid per law now? by JofCoRe · · Score: 1

      That's why they do it - many people don't have enough hours in their day to completely and carefully evaluate everything they are sent in the mail, every offer made to them, and so on.

      Then why are you accepting offers that you don't understand? If you don't understand it, how can you possibly need it?

      --

      Place sig here.
    62. Re:What, do lawmakers get paid per law now? by Seumas · · Score: 1

      Shrink-wrap licenses are logistically a different beast. There's a big different between not being able to agree to something until you've been able to read what you're agreeing to - and simply being too lazy or stupid to read the fine print.

      "Well, the user agreement was too long for me to read - boo hoo!". That just isn't a good reason to excuse consumers from their responsibility. Do I read every word of every agreement I ever click on? No, not really. Why? Well... because they're usually very long and usually say the same thing and I'm a busy person. That doesn't make me any less responsible for adhering to the things I agreed to, though.

      Think of it this way. Ignorance of the law does not excuse one when they break the law. The law books are long and complicated and often require lawyers, judges or even benches of judges to interpret them. We still have to obey laws even if we don't know they exist or understand them.

      Clearly, hiding clauses is wrong but that's a different situation. Any clause that exists on the piece of paper I've signed is a clause I should be bound by, no matter how absurd or extreme it is. Just becuase it's worded strangely or written in an 8pt font doesn't change anything. Now, if they spring things on me that were not on that page or later added various qualifications and restrictions to the agreement... that's not right either.

      I think you've indicated that you agree with my comments insofar as a difference between "informed" and "too lazy to bother being informed" or "read all the gotchas but these other restrictions weren't anywhere to be seen -- not even in the fine print".

      But in the case of google, that isn't what's happening. The government is pre-emptively saying that google can't enter into a contract with customers regardless of how open they are. That's just wrong.

    63. Re:What, do lawmakers get paid per law now? by rainman_bc · · Score: 1

      I'll offer you a gig of hard drive space for that... Heck, it'd almost be worth it!

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    64. Re:What, do lawmakers get paid per law now? by JofCoRe · · Score: 1

      id you not have a mother to teach you simple ethics. If your of superior intellect then you use that to help others, not hurt them.

      I never said I have "superior intellect". All I said is that stupid people need to be held responsible for their stupid decisions. Then I generalized it a little more and said that everyone should be held responsible for their decisions and actions.

      I prefer to help people by trying to encourage them to think for themselves, rather than depending on the government to do it for me.

      But I never said I wasn't stupid... :)

      --

      Place sig here.
    65. Re:What, do lawmakers get paid per law now? by smithwis · · Score: 1

      mod parent up

    66. Re:What, do lawmakers get paid per law now? by JofCoRe · · Score: 1

      Clearly stated that provisions will be made for spam filters. Sorry, the legislature did its homework on this one.

      Yes... that does seem to be a problem...

      --

      Place sig here.
    67. Re:What, do lawmakers get paid per law now? by SEE · · Score: 0

      Remember how the republicans got Iraq to hold off releasing hostages until Reagan was elected?

      No.

      First, because it was Iran that was holding the embassy hostage, not Iraq.

      Second, because the hostages weren't released until after Reagan's inauguration, several months after the election.

      Third, because there's absolutely no evidence that any Republican made any deal of any kind with Khomeni to delay a hostage release. There's just one person's uncorroborated claims, which is the same "evidence" there's behind the delusional claims that Hillary Clinton arranged Vince Foster's murder.

    68. Re:What, do lawmakers get paid per law now? by BrainInAJar · · Score: 1

      What's the difference between private slavery and public slavery?

      Because I sure as hell don't see one... it's all the same to me if the government opresses me or if my employer/companies i do business with oppress me. The argument about 'why not just change jobs/companies you deal with/etc.' doesn't hold any weight either... "why don't you just move away from the soviet union" is the public parallell

    69. Re:What, do lawmakers get paid per law now? by JofCoRe · · Score: 1

      I agree with you wholeheartadly. But who the hell is going to protect us from the Governments' stupidity?

      Yes... that does seem to be a problem...

      (dammit, should've used preview on that previous comment)

      --

      Place sig here.
    70. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      * Especially in crime rate, tax rate, illegal immigration, stupid laws, and a host of other things :-)

      Live Free or Die!

    71. Re:What, do lawmakers get paid per law now? by Ibag · · Score: 1

      While the government might have better things to do than protect people from their own stupidity, I don't believe that the issue is as clear cut as you think.

      While there are a lot of "stupid" things that people do out of sheer stupidity or carelessness (although, they might have good reason to believe they are giving a situation just consideration), there is also a good possibility for people to do "stupid" things because of deception or coercion. For example, an out of work programmer might agree to a job that requires him to sign a particularly nasty non-compete agreement. Maybe he didn't read it carefully enough. Maybe the language wasn't particularly clear, so he didn't assume it was as bad as he thought. Maybe the bank was going to forclose on his home and his wife said that if he didn't get a job, she'd leave him. So he accepts the job, and things go well for a while, but one day he finds himself out of a job again. Unfortunately, he finds that not only is he not allowed to work at a competitor to his former company for 10 years, but he's not allowed to work as a programmer at all. What then?

      What do you tell someone in this situation? "I'm sorry, but you shouldn't have gotten yourself into a situation like that. Sucks to be you. Don't be stupid next time." It might be true, but that doesn't mean that things should be as they are. If I'm not mistaken, California has laws saying that non-compete agreements like that aren't enforcible. Is that really such a bad thing?

      Sometimes, people make mistakes. Sometimes, people are stuck between one bad choice and another. Sometimes, even smart people are forced to do stupid things. Sometimes, people need someone to look out for them, and to preach social darwinism and say, "You are stupid for letting that happen, you deserve exactly what you get," is just as much an oversimplification as claiming that the government should always save the people from themselves.

    72. Re:What, do lawmakers get paid per law now? by Seumas · · Score: 1

      What's the difference between private slavery and public slavery?

      That's my point.

      I don't trust Big-Brother government to keep Big-Brother Private Industry in check with regard to my privacy. That's like putting the mob in charge of cleaning up racketeering. Further, I'm more concerned with government respecting my privacy than I am with private industry. If my government respects my privacy above all else, they will be more effective and more genuine in their persuit of private industries who use our data perversely.

      In other words, the argument is "even if you change jobs or companies you deal with, you are still stuck under an oppresive and invasive government that doesn't respect your privacy or civil liberties".

    73. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 1, Insightful

      Should children suffer because of their stupid parents?

    74. Re:What, do lawmakers get paid per law now? by xmorg · · Score: 1

      the governator will protect us from this mal-mesure!

      Any other website can violate your privacy up the yin yang, but good ole google which prides itself on not having 5 eyeblasters per page gets legislated against! SOCIALISTS!

    75. Re:What, do lawmakers get paid per law now? by six11 · · Score: 1
      This thread is way off topic, but talkin' gubmint' is fun...

      This definitely is a tricky concept, and the points that you raise are definitely good ones. My rationalle for making the re-vote harder is to avoid the situation where the lawmakers look at their morning docket and just say "yeah, this all looks good" and just vote with the party line. Furthermore, if a law was passed some time ago and it has turned out to be a good law, then lawmakers would catch flak for trying to overturn it.

      In any event, there are two big problems that you bring up, but I don't think this situation would make the problem worse:

      1) Corruption and political winds: Politicians are already incredibly corrupt, or at least, they use horrible judgement. And there are always going to be political winds. Sure, if a controversial law came up for a revote this last go-around, people on both sides of the issue certainly would have made a huge noise about it, and it would have sparked national debate--but national debate is something we've long ago exchanged for national voyeurism (think Condit, think Lewinsky, think Schwartzenegger) and i would definitely welcome it back.

      2) Riders: You're absolutely correct that riders would be a problem. If I attach, say, a pointless pork project to an otherwise acceptable bill, lawmakers are currently forced to vote for the entirety of the bill. This is the root of the problem and the solution is to keep the scope of bills narrow. That's an entirely different problem, so if that was fixed, it wouldn't be a problem for the recurring vote scenario.

    76. Re:What, do lawmakers get paid per law now? by switcha · · Score: 1
      And if you're too fucking stupid to get along in society without royally fucking yourself over due to your own stupid decisions, then you deserve what you get.

      And, furthermore, Re: credit card example especially...

      There are those too stupid to research/ask/etc when they don't know something. And then are the galactically stupid ones who don't learn from their mistakes and keep bangin their heads against the same damn walls.

      --
      You know what? ... A little club soda *did* get that out!
    77. Re:What, do lawmakers get paid per law now? by Rude+Turnip · · Score: 1

      I believe their state assembly laughed the lawmaker who proposed that law out of the room. They did not want to become the laughing stock of the country.

    78. Re:What, do lawmakers get paid per law now? by Smitty825 · · Score: 1

      The one addition to this is that the terms should be spelled out clearly, and in understandable english (or your favorite language of choice). How many people just click through the licensing agreements on their MS software, knowing that even if they read that agreement, they still wouldn't understand what it means...

      It seems the most fair "agreement" would be:

      You get
      *feature
      *feature

      We get
      *Right
      *Right

      --

      Doh!
    79. Re:What, do lawmakers get paid per law now? by Dun+Malg · · Score: 1
      good and bad laws would be striken depending on the political wind We would eventually lose some bad laws, but also lose some great laws designed to protect your freedoms, depending on the political wind. Think things like Roe v Wade.

      Roe v. Wade isn't a law, it's a Supreme Court decision. It says, among other things, that the 4th Amendment guarantee of privacy extends to abortion. Constitutional rights (not being "laws") not only never expire, but all laws passed must abide by them. The only way to change them is througha constitutional amendment. Read the US Constitution sometime-- it explains all of this.

      Remember how the republicans got Iraq to hold off releasing hostages until Reagan was elected?

      It was Iran, and anyone who believes the cacamamie "GHW Bush rode an SR-71 to Paris" conspiracy theory is a nut. Besides, Carter lost because he was weak and inept in general, not just because of the hostages.

      --
      If a job's not worth doing, it's not worth doing right.
    80. Re:What, do lawmakers get paid per law now? by AME · · Score: 2, Insightful
      who the hell is going to protect us from the Governments' stupidity?

      Apparently, the founding fathers thought that this was our responsibility.

      --
      "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
    81. Re:What, do lawmakers get paid per law now? by Dun+Malg · · Score: 1
      Yeah, but you're not the only person involved. What about the person you're writing to? I'm not signing up for gmail, and I don't really want google to read anything I send to a gmail user.

      Anything you send to a person in prison can be read. Evrything you send to a person in the military can be read. Anything you send to a person working at a business or educational institution can be read. Google scanning Gmail for targeted advertising is NOTHING compared to what is already being done. You should have no expectation of privacy in unencrypted email. All the content you send is freely and legally readable by the operator of the server. It's been said a million times, but if you want email to be private, you must encrypt it.

      --
      If a job's not worth doing, it's not worth doing right.
    82. Re:What, do lawmakers get paid per law now? by ndpatel · · Score: 1

      no, that's retarded.

      take it with a grain of salt as i am a law student, but the thing about the law is that it's there for when you need it. so some obscure statute requiring you to file a petition in the paper when you want to sell your mother's donkey may seem kinda stupid, but at least you've got your bases covered.

      with your way, eventually we'd ONLY have knee jerk laws, because lawmakers could draft a new statute everytime the old one came up for review. that's what lobbysists are for after all. :)

      besides, your system of review is already established in the courts--there's nothing stopping google from taking it to the courts if it passes the ca. house. if the court finds it stupid, they have the power to overturn it. simple.

      --
      london is drowning and i live by river
    83. Re:What, do lawmakers get paid per law now? by sindarin2001 · · Score: 1

      That would be an awesome plan, but I don't think it would be feasible in practice just because of the time required. The amount of time it takes to keep making new laws plus the amount of time it would take to revote on the old would be just too much time involved. Course it might force the law to become much smaller and condensed (we can only hope), but I'm not that optimistic.

    84. Re:What, do lawmakers get paid per law now? by TheoMurpse · · Score: 1

      ok the problem with your thinking is that

      suppose i have gmail...me sending emails should be fine, i said it was ok in the contract i agreed to...however,

      when Mr. A sends -me- an email...his email gets read...Mr. A never agreed to the contract...so it's an invasion of -his- privacy...THAT"s the problem as stated by this proposed law...read it sometime ^_~

      also, i think it's important to note that if another company other than google was doing this kinda scanning, all us slashdotters would be shitting bricks about the privacy-invasion...read: microsoft's hotmail, etc.

    85. Re:What, do lawmakers get paid per law now? by damiam · · Score: 1
      What harm can one cause by smoking a cigarette in my own house without no one around. Yet the governments regulates it.

      You're perfectly free to smoke as many cigarettes in your own house as you want. The government's not stopping you. However, if you're bitching about taxes (which I assume you are), then the reality is that smoking has certain costs to society - one of which is that smokers have a tendency to get lung cancer and expect the government to pay for treatment. That money has to come somewhere, and the only logical place is from smokers.

      By the way, web browsers automatically wrap lines. You don't have to hit Enter after every ten words.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    86. Re:What, do lawmakers get paid per law now? by bugnuts · · Score: 1

      An obvious typo. 'q' is so damn close to 'n', at least in the middle-east. And the hostages were released minutes after Reagan's inaguration... It's not like he had time to send in the negotiators.

      check out Wikipedia's take on it. It's not so far fetched, my right-wing friend. As I said earlier, politics are corrupt and brutal.

    87. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      > but they can't be bothered to look at other
      > stuff that is actually important (education,
      > environment, etc

      You really think that they 'can't be bothered' is the excuse or was that just your glib way of finishing a sentence?

      California is 40th in the US in education spending yet first in prison spending.
      Now guess which lobby has more money?
      Tree huggers and educators or the prison/police industry?

      Its your kind of logic which glosses over the real reasons and blames it all on 'can't be bothered'.

      zack

    88. Re:What, do lawmakers get paid per law now? by sweede · · Score: 1

      your right, they have little rights to regulate a private business

      but remember, google is going public. A lot of things will happen that some people think google isnt ready for. when you go public there is nothing that is private anymore

      --
      I follow the SDK and GDN principles.. Spelling Dont Kount, Grammer Dont Neither
    89. Re:What, do lawmakers get paid per law now? by six11 · · Score: 1

      Conversely, the thing about the law is that it's there to screw you over when you least expect it. What exactly, using your example, is to be gained with the donkey law? Who is protected by this law? Maybe your mother, if she doesn't want to part with the donkey, but there's a law against selling something that isn't yours against the wishes of the true owner (theft). No, the only person that stands to benefit from this sort of law is the person who can get rich off it: some lawyer.

      As I said in my original post, this is just a theory, just an idea. Of course there are problems with it, just as there are with this abbhoration we call a legal system.

      As far as the review system is concerned: this works when there is a fairly even distribution of legal resources, which there is most definitiely not. For example: the RIAA was just given a patent for burning CDs immediately after a concert. This puts DiskLive in a bind because now there's legal backing for ClearChannel to mop the floor with them. It's a complete misuse of a legal tool, and there's no way that a company as small as DiskLive could put up a legal fight with CC. So legal review is out.

      Google is going to have to spend hard-earned money to undo the damage these state lawmakers have done. If the lawmakers had something better to do (like, nothing, for example, or maybe repealing other dumb laws) this wouldn't be a problem. The thing is, there's no political reason for an elected official to go around cleaning up.

      My suggestion is a response to this observation. When I mention this to people, people almost immediately fall into one of two camps: 1) That'd be great! 2) That's retarded. It's not too often that somebody can give me a convincing argument why it wouldn't work (or why it would), and you haven't either.

      I think it's a GOOD thing for lawmakers to revise old statutes every once in a while, rather than just adding more to them. The legal code, like the tax code, is just too complicated for people to understand, and frankly I think it hurts our economy.

    90. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      The "full-time legislature" is really an anti-corruption measure more than anything else. Prevents having lobbyists moonlight as represenatives, at least to some extent.

    91. Re:What, do lawmakers get paid per law now? by yndrd1984 · · Score: 1
      What market? What problem? The recipient can show your email to anyone if they so choose. Other than the fact that one party is a company, this isn't any different that my Dad letting my Mom read his emails.

      You can keep something to yourself, but when you tell someone else, you have also allowed that someone to tell others (in most cases).

    92. Re:What, do lawmakers get paid per law now? by MechaStreisand · · Score: 1
      Any attempt by the executive branch to limit the existing powers of the legislative branch is suspect.
      Just because you say it doesn't make it true. Consider all the useless laws we have already that make lawbooks indecipherable... Why would we possibly need any more?

      The response of lawmakers to every possible input is to make more laws, even if existing laws are adequate if enforced. It's ridiculous, and it has to stop.
      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    93. Re:What, do lawmakers get paid per law now? by elemental23 · · Score: 1

      The drawbacks that I have come up with, however, would be attaching "riders" to bills

      Another practice that needs to be banned. So many bullshit laws and pork spending gets passed exactly this way, it's ridiculous.

      --
      I like my women like my coffee... pale and bitter.
    94. Re:What, do lawmakers get paid per law now? by Ralph+Wiggam · · Score: 1

      (looks it up)
      It passed a house committee and lost in the house.

      -B

    95. Re:What, do lawmakers get paid per law now? by Thranduil · · Score: 0

      They're not getting paid per law, based on how many propositions we have to go through every time we are at the voting booth.

      I don't mind it for some items, but voting on ten or more propositions every other year is ridiculous.

    96. Re:What, do lawmakers get paid per law now? by geminidomino · · Score: 1

      Why the hell don't these assholes vote against it, then when someone calls them on "Voting against a law that would make feeding children processed play-doh illegal," they simply reply "The committee on ass-raping American citizens attached a rider that means passing that bill would also allow federal agents to insert drug-sniffing probes into your bodily orifices, provided they were bored that night"

      The problem is that they are all completely bent, and don't have the balls to let the people know what kind of bullshit goes on over there.

    97. Re:What, do lawmakers get paid per law now? by ndpatel · · Score: 1

      Stupid people deserve to be held responsible for their stupid actions. [snip] They're just hindering natural selection :)

      interestingly, what you're advocating is called social darwinism.

      the fallacy of that theory is obvious on its face. i will say nothng more.

      i will say this, however: sometimes people don't have meaningful choices. saying that someone chose to sign a contract signing away their soul is a useless argument if that person doesn't have either an equal postion from which to bargain or some other reasonable choice.

      IANAL, but IAALaw student.

      --
      london is drowning and i live by river
    98. Re:What, do lawmakers get paid per law now? by raj1v · · Score: 1

      parent - nice analysis!

    99. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      Should children suffer because of their stupid parents?

      Of course not! That's why stupid people shouldn't be allowed to have kids.

    100. Re:What, do lawmakers get paid per law now? by PDAllen · · Score: 1
      Heh, well, I've had credit card companies send me credit cards several times without me asking. I've also had them drastically change my rates on me without my permission. I am not "stupid", but I only have so many hours in my day to fight with semi-fraudulent companies who fuck me out of 20 bucks here or there. But now imagine these companies fucking hundreds of thousands of people out of 20 bucks here or there. That's why they do it - many people don't have enough hours in their day to completely and carefully evaluate everything they are sent in the mail, every offer made to them, and so on.
      So you're saying some random company sends you a credit card, and you think, hey, I don't have time to check the conditions but what the hell I'll use it anyway?!
      And you're then surprised when the small print turned out to be designed to fuck you over?
      It's really not so hard to open the letter, see it's offering you a credit card, and bin it. If you actually want a credit card, then you make time to find one that doesn't screw you over, and get that. Usually, that's one which doesn't involve itself in junk mail.
    101. Re:What, do lawmakers get paid per law now? by Fnkmaster · · Score: 1
      So you're saying some random company sends you a credit card, and you think, hey, I don't have time to check the conditions but what the hell I'll use it anyway?!
      And you're then surprised when the small print turned out to be designed to fuck you over?


      No, I never used a credit card I was sent without permission. Perhaps you missed the part about me not being an idiot? However, I did have to waste time calling these companies and clarifying to them that I never asked for their credit cards and threatening them to convince them to leave me alone. Additionally, I've had American Express, who I do have a credit card with, send me strange credit cards that I didn't expect which I then had to call and specifically cancel.


      I'm just saying I understand how a busy person could get confused under the bundle of junk they receive. The only way in which I *have* been screwed was by changes in terms from a credit card company that started out with great rates, but after a single payment is three or four days late once, they double your monthly rates. I'm sure that was buried in the terms I agreed to somewhere but it wasn't exactly clearly or prominently featured, and the above-board credit card companies I've dealt with before have never done it to me.


      Your argument is essentially "buyer beware". I think that's fine and all, but without a line of legal defense backing the consumer up, there's no reason for companies to not attempt to fuck people over. This is where the legal concepts of contracts of adherence and "reasonable" terms come into play, and people who think that companies should be legally able to hide any stealth terms they want into an obfuscated contract then blame the buyer for "agreeing" to a stack of 6 point text they were sent with their new credit card are idiots.

    102. Re:What, do lawmakers get paid per law now? by Lord+Kano · · Score: 1

      In 1984 I was 9 years old.

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    103. Re:What, do lawmakers get paid per law now? by NuclearDog · · Score: 0

      This is another example of the government preventing darwinism. If there were only laws to protect others from your stupidity, not yourself, imagine what the US, Canada, and many other countries would be like? Most of the stupid people would have killed themselves off already. *imagines being able to go into a store without getting a twitching\maiming feeling*

      --
      This statement is forty-five characters long.
    104. Re:What, do lawmakers get paid per law now? by Anonymous Coward · · Score: 0

      The legal code, like the tax code, is just too complicated for people to understand, and frankly I think it hurts our economy.

      That's an interesting thought. I always assumed that because the tax code is illegible, most people have to see a professional in order to make sure their tax filings are correct. They therefore spend money for that service, and then the corporation the person went to can pay their employees, who will turn around and pay for their daughter's Saxophone lessons, etc., etc.

      Also, since the laws are arcane in and of themselves, most people have to pay for a lawyer who specializes in torts (or what have you). Again, the person pays the partership which employs the lawyer for this service; the partnership pays down the loan from the bank, which they took out in order to build their new offices in Dallas; the bank pays their CEO megabucks, who then uses the money to buy insurance on the supercarrier they own; the insurance corporation turns around and makes a payment to another bank which had a branch in Hong Kong topple in an earthquake; this bank then lends the money to some person having a house built; the person pays the housebuilder, who then pays their contractors, who then pay their employees; one employee then turns around and pays for a Frisbee for their son's eighth birthday.

      See, the current system is not a drain on the economy, but rather a BOON to it!
  8. I don't see... by xenostar · · Score: 2, Insightful

    ...how what a company does with its website users has anything to do with the California state law.

    1. Re:I don't see... by DaHat · · Score: 2, Insightful

      Because they are based in California and are ultimately bound by the laws of that state.

      Even if that weren't the case, it wouldn't be the first time that a law body as tried to regulate something outside of its jurisdiction.

    2. Re:I don't see... by Flexagon · · Score: 1

      If those users, not to mention the company itself, are in California, then California certainly gets to have a say. Just as the state just did with the recent PUC decision on cell phones. The Feds may come by later and override this (as they did so effectively with You-Can-Spam), but unless/until they do, each state can certainly represent its interests directly.

      Note also that this bill has only passed the Senate; it must still pass the Assembly and get signed. Google has already negotiated several more onerous aspects away, and has an opportunity to do more.

      And, the bill, along with its privacy protections (such as not holding onto deleted e-mail), would apply to all e-mail providers when doing business in the state, not just Google.

      It may be that Google's stature and coming IPO have crystalized at this particular time many of the long-standing privacy issues with public hosted e-mail systems (and caused some to grossly overrate some "threats"), but that's life. By their nature, they would have eventually ended up in legislatures and courts at some point anyway.

  9. Little overkill by Zinic · · Score: 5, Insightful

    Google has yet to actually give us even the slightest notion that they would use Gmail in ways that would invade privacy. This is simply an act, I believe, by worried politicians that something good might dominate the Internet and threaten their pockets.

    --

    It's was never designed to do that...
    1. Re:Little overkill by mutewinter · · Score: 1

      If these guys in California are really concerned about privacy, why not mandate that *all* e-mail leaving and entering California much be encrypted with PGP?

      Google has got a pretty good idea with Gmail. Whether or not California "allows" them to execute this plan doesn't matter. Even without a roadblock like this for Google, some other company will create a Gmail clone in no time. (maybe they'll be in India or China -- let them have all the tax revenue if California doesn't want it)

      I don't understand who these legistlators are trying to appease. Privacy advocates? There are far more *real* privacy issues that are more important than this. We used to joke about how slow the government has been to react to new technology, whether its p2p, VoIP, or whatever. Well now the tables are flipped. I find this "pre-emptive" legislation very disturbing. Are we going to live in a future where not only is any idea someone thought of off the top of their head patentable but will people make ideas illegal before the idea is even put into reality? Hmm.. this sounds like it might be dangerous, lets ban it before someone trys it. Maybe they should pass a law making a warp drive and tractor beam tax.

      I have a little secret for politicians. You want a better economy and a happier population? You don't need to cut taxes, you don't need to pass new laws. What you need is to go back and get rid of old ones. When you run out of ideas think creating laws about things that don't exist yet is a good idea how about you go back and wipe some of the b.s. laws off the books instead.

      Just my two cents. I haven't posted much to /. lately, I hope this makes up for it.

    2. Re:Little overkill by P_vWork · · Score: 1
      Maybe google is a good company with our best interests at heart, but there are a hell of a lot of companies out there who wouldn't think twice about collecting, cataloguing, and selling your email.

      I don't understand why everyone is screaming bloody-murder about this. When Wal-Mart wanted to use RFID in their warehouse everyone on /. rose up and screamed, "It's morally objectionable for Wal-Mart to catalogue how many bags of Doritos I eat!" Now, when google advertises the ability to catalogue your personal ideas and thoughts (even though they have no plans to do so), and some law maker decides to head them off at the pass, why is everyone rising up and screaming, "It's morally objectionable to prevent a company from cataloguing the fact that I like Doritos!"?

      And suggesting that you boycott gmail if you don't like their terms doesn't make sense. You don't need to agree to any service agreement to send mail into the gmail servers. eg: I don't have a hotmail account but I email people who do. Now Microsoft has my email and can what they like with it even though I've never agreed to any Microsoft terms of service.

  10. Not necessarily bad by aramith · · Score: 1, Interesting

    This isn't necessarily a bad thing. Yeah, legislating technology that doesn't really even exist yet isn't THAT good, but neither is your email provider data mining you, and possibly selling that info to other companies. Plus, it is email. Sensitive data may pass through that (you'd be stupid to use something like Gmail or Hotmail to do so, but it happens).

    1. Re:Not necessarily bad by dustinbarbour · · Score: 1
      Yeah, legislating technology that doesn't really even exist yet isn't THAT good, but neither is your email provider data mining you, and possibly selling that info to other companies.

      If you have a problem with a commercial company minnig your data, setup your own domain, your own mail server and be done with it. I hate complainers.

  11. Why does this need legislation? by th1ckasabr1ck · · Score: 5, Insightful

    If you don't agree to their terms, then don't sign up.

    1. Re:Why does this need legislation? by Ba3r · · Score: 2, Interesting

      I agree.. I have a gmail account and I love it

      Personally, I take comfort in my mail being sifted by google's algorithms. With the sheer volume of email going back and forth, and the limited capability of parsing and sorting it, I don't see email monitoring as having any future in anything 'dangerous'. If i was for some reason discussing i thought to be worthy of privacy, i would encrypt it..

      I mean c'mon, if someone was interested in 'monitoring' for political activity, or blackmail potential, they would be making their task significantly greater by adding all the trite email conversations into their processing. I highly doubt that the FBI is curious as to me and my friends discussion of Bush's incompetence, or Al Qaeda's tactics. That requires an analyst to read my email, valuable resources saved for confirmed danger. If i was really discussing something secret.. well, its my own damn fault for thinking that the internet is a secure medium. The only people concerned about this are the ones who have little understanding of the actual Volume of email that is sent/received, and the real nature of security.

  12. Can they even do that.... by Jim+Starx · · Score: 2, Interesting

    Can the government restrict what type of information a company collects on its customers when they volentarily opt in to it, especially when thats kinda the point of the service?

    --
    The darkness... controls the music. The music... controls the soul.
    1. Re:Can they even do that.... by Alternate+Interior · · Score: 1

      In soviet russia...

      Oh, nevermind. I think that covered it.

  13. Fools by Anonymous Coward · · Score: 0

    How is this legal - is Google forcing people to use Gmail? I always assumed there are other players in the free online e-mail circuit.

  14. Initial thoutghts. by vicviper · · Score: 4, Interesting

    Time for google to move out of Cali.

    Is this law necessary if they disclose such practices? Isn't it up to the consumer not to use the product?

    Time for google not to offer gmail in cali.

    Just knee-jerk thoughts after reading the article.

    1. Re:Initial thoutghts. by Loco3KGT · · Score: 1, Flamebait

      It's not up to the consumer if you're a politician from the left side.

      (disclaimer: not all people from the left agree with the politicians of the left, and to prevent confusion my political views skew to the right)

      But I have not seen a left politician in awhile say anything other than "You cannot protect yourself, you need the government to protect you. So let me decide what you can and cannot do for yourself."

      Which gives you the lovely state of California.

      Of course, in my state (not California) you can only have sex missionary style.

      --
      Blessed be he who reads this post, Cursed be he who tells my boss.
    2. Re:Initial thoutghts. by einnor · · Score: 1

      But I have not seen a left politician in awhile say anything other than "You cannot protect yourself, you need the government to protect you. So let me decide what you can and cannot do for yourself."

      Which gives you the lovely state of California.

      Of course, in my state (not California) you can only have sex missionary style.


      Nope, both the left and the right decide that they have to protect you and will tell you how. E.g., it's not the left that supported the you-can-only-have-sex-in-a-particular-way laws. Not to mention the you can only have sex with or marry certain people (not your own gender now, not of a different race not too long ago). And the whole abortion thing is about people on the right saying they have to protect yourself from terminating a pregnancy (and thus either regretting it later, or being damned to hell).

      I don't think passing laws to protect you from yourself is a left-or-right thing. I think it's ubiquitous among politicians in general.

      --
      Acronyms Obfuscate
    3. Re:Initial thoutghts. by Anonymous Coward · · Score: 0

      And the whole abortion thing is about people on the right saying they have to protect yourself from terminating a pregnancy (and thus either regretting it later, or being damned to hell...

      or killing a baby...

      I think we have many laws protecting the innocent supported by the right and the left.

    4. Re:Initial thoutghts. by Loco3KGT · · Score: 1

      How did this get modded to zero?

      --
      Blessed be he who reads this post, Cursed be he who tells my boss.
  15. Wait a minute by Blair16 · · Score: 1

    Why would Google do anything but search in real-time? There is no point in scanning ahead, since the difference in response time would be minimal. The only thing I could see impacting them would be the no records thing, since they won't be able to track users interests and such, which can be in turn used to attract advertisers.

    --

    Chaos will always win out over order because chaos is more organized
    1. Re:Wait a minute by vijaya_chandra · · Score: 0

      Scanning a mail as soon as it hits the google mail servers and adding some meta-data about what ads to display,
      where to store this mail ( in case this is based on the ads-to-be-shown) etc. might be efficient

      Anyway I haven't been part of the designers so i might be completely wrong

    2. Re:Wait a minute by mikael · · Score: 1

      From an article I read, it appeared Google wanted to maintain a publicly available list documenting the keywords/phrases people were talking about. What if Google picked up on some event that happened at a company or high-school. How would the search engines be able to discriminate between celebrity names and ordinary people? In some cases the name of a school principal/company director might be in the public domain, but a student/employee would not.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    3. Re:Wait a minute by LnxAddct · · Score: 1

      Because when your dealing with billions of email, your insignificant problems are statistically void. Same thing with their searches, you and your high-school could get everyone to email each other the exact same word day after day for a year and I still doubt it would make an impact. Numbers as large as the ones google are dealing with are hard to comprhend in the mind. In a worse case scenario, they just cross reference the keywords from the email to searches or web pages, if there are a million fan sites for Linus and people are emailing each other about him then its okay, if there are people talking about me, but else where there isn't much out on the web about me, then I'm probably not important. For instance, that Tocqueville guy has alot of attention right now, he also has many sites linked to his name. If people were discussing him in email then he'd pop up.
      Regards,
      Steve

  16. Okay, no gmail for California by jrockway · · Score: 4, Insightful

    Google should just say that it's illegal to use their service in California. Eventually enough angry Californians will complain, and the law will go away.

    But what's the point of a law? Nobody is forcing you to use gmail. If you're worried about privacy, don't use gmail. Use Hotmail, Yahoo!, Hushmail, .Mac, your ISP, your own server, etc, etc. It's called a free market...

    --
    My other car is first.
    1. Re:Okay, no gmail for California by way2trivial · · Score: 1

      Um, they are IN california, and therefore still bound by those state laws.

      --
      every day http://en.wikipedia.org/wiki/Special:Random
  17. IF YOU DON'T LIKE IT by metalhed77 · · Score: 4, Funny

    IF YOU DON'T LIKE IT DON'T USE IT.

    This isn't an OS, it's email. I'll start to worry the day google implements GMTP (google mail transport protocol) until then, as a californian, I call our state govt. a steaming pile of shit.

    --
    Photos.
    1. Re:IF YOU DON'T LIKE IT by Anonymous Coward · · Score: 0

      I call our state govt. a steaming pile of shit.

      Surely you've expressed your concerns via more appropriate channels than /. too, right?

    2. Re:IF YOU DON'T LIKE IT by rainman_bc · · Score: 1

      Actually, much like the search engine they've built, they'd probably get the Mail Protocol right as well...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:IF YOU DON'T LIKE IT by metalhed77 · · Score: 1

      I call our state govt. a steaming pile of shit.

      Surely you've expressed your concerns via more appropriate channels than /. too, right?


      Yeah, I'm gonna blow everyone in the state senate away like in that mel gibson remake of Mr. Smith.
      --
      Photos.
  18. Good God by Anonymous Coward · · Score: 0

    How is this a democratic system? It's THEIR PROGRAM, not the governments.

  19. once again by Random+Web+Developer · · Score: 1

    another senator without a clue passing on a prefab amendment

    --
    Artists against online scams http://www.aa419.org/
  20. Too bad we can't use Google to... by overbyj · · Score: 4, Funny

    search the brains of the geniuses who are pushing this bill through. I sure would like to know what they think they are accomplishing by limiting something not widely available and something that people have to opt-in to.

    --
    No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    1. Re:Too bad we can't use Google to... by Carnildo · · Score: 4, Funny

      Too bad we can't use Google to search the brains of the geniuses who are pushing this bill through.

      Don't you mean "search for"?

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    2. Re:Too bad we can't use Google to... by Anonymous Coward · · Score: 0

      PHB: I want us to use SQL Server for this project.
      Dilbert: (uh oh, did he get a clue?) What kind of SQL Server did you have in mind?
      PHB: I like the blue one.

    3. Re:Too bad we can't use Google to... by BradNelson · · Score: 1
      search the brains of the geniuses who are pushing this bill through.

      Your search did not match any documents. No pages were found containing your search terms.
  21. So go get your own email by Skyshadow · · Score: 5, Insightful
    If you want your email to be private, go get an account someplace that won't scan your messages. Hell, you probably *have* one right now from your ISP.

    You don't have a right to free email. In fact, I would go so far as to say there ain't no such thing -- you're paying for it one way or another. If you find one certain payment method objectionable, don't use it.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:So go get your own email by aramith · · Score: 1, Insightful

      I do use a (relatively, nothing is entirely) private email, through my university. But many many many people use "free" email. I'm not saying it's wrong of Google to scan emails and provide advertising based on that, but rather that it would be wrong for them to store possibly sensitive information, or have leaks of sensitive email happen because of that system. To me, that's the important part of the law that was passed.

  22. advanced search by grub · · Score: 5, Funny


    What if I want them to search my mail in advance?

    Contact the NSA and ask for "Mr. Echelon".

    --
    Trolling is a art,
    1. Re:advanced search by Anonymous Coward · · Score: 0

      They have a kids page at nsa.gov. What's up with that?

    2. Re:advanced search by Anonymous Coward · · Score: 0

      "Mr. Echelon" must be working for a travel agency. My friend called for him and he's now on vacation to Cuba!

    3. Re:advanced search by MindStalker · · Score: 2, Insightful

      I think he means before you view it, like how google pre-indexs the web before you search it. It would be handy if google pre-indexed your email before you searched it instead of doing it real-time.

    4. Re:advanced search by Anonymous Coward · · Score: 0

      Joke... over... head...

    5. Re:advanced search by Lattitude · · Score: 1

      Oh, I see. I thought it was going to search your emails before you wrote them.

      Now THAT needs a law!

    6. Re:advanced search by Anonymous Coward · · Score: 0

      Or get in touch with the Crypto Cat

  23. Not exactly against Google by GreyyGuy · · Score: 5, Insightful

    The bill, as I've read in other articles is agaisnt any service retaining information about the contents of people's emails. They can still scan it realtime and give ads based on keywords, but they can't store it in a database or share that information with other people.

    It is a good thing, in my opinion, because you know as soon as Google announced they were going to do it and let people know about it, hundreds of others figured it would be a good idea to do it and not say anything and then sell email information to advertisers.

    And Google approved the legistation as well. It is *NOT* a Bad Thing.

    1. Re:Not exactly against Google by ajs · · Score: 2, Interesting
      The bill, as I've read in other articles is agaisnt any service retaining information about the contents of people's emails. They can still scan it realtime and give ads based on keywords, but they can't store it in a database or share that information with other people.
      Which is patently absurd.

      Seriously, think about what it means to say, you can't store mail in a database. Ok, so hotmail is illegal in California? They certainly store mail in a database and perform searches against it...

      The interesting thing about Gmail is that it applies Google searching technology to email.

      What is the expected gain here? How is California protecting its citizens? To pass a law that says you can't give out information about a customer's email is one thing, but to say that you can't store it... well that certainly cripples mail technology.

  24. User Agreement..? by dustinbarbour · · Score: 1

    It's a voluntary service. Just make sure users know about it before they signup to use the service. Then you're free from liability. Not too difficult. Or am I mistaken?

  25. yet more proof by falcon5768 · · Score: 0, Flamebait
    that California should be allowed to fall off the earth!

    I mean seriously, you KNOW what your getting yourself into when you sign up, the company TELLS you FLAT OUT your mail is going to be scanned for ad placement, California has no right to say we we dont care its a intrusion even if the person agreed to be intruded on.

    The fact that this is comming from a state that elected twice elected a actor as gov, and has tried to get rid of the master/slave lables yet also says people should have the right to decide what to put in their bodies (in regards to marajauna smoking) shouldnt come as unexpected....

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

  26. Fucking stop all this pre-emptive shit by Anonymous Coward · · Score: 0
    Isn't there anybody else who sees that pre-emptiveness is seriously wrong.

    Or should we have pre-emptive justice? Hell yes, we're all potential criminals and therefore we should be kept under 24h/7 days a week house arrest.

    Think of the children!

  27. California [sigh] by the_rajah · · Score: 1

    So what happens when the servers are moved somewhere else? Give me a break. It's voluntary. Don't sign up if you don't like what they are doing..

    If you are not a liberal when you are young then you have not heart. If you are not a conservative when you are old then you have no brains.? -Winston Churchill

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  28. reminds me of union negociation... by Walrusss · · Score: 2, Funny
    It reminds me of some union negociation.

    You put pressure on the boss now, making a strike to "prepare the negociations" even if they are not started yet.

    *sigh*

    1. Re:reminds me of union negociation... by Anonymous Coward · · Score: 0

      negotiation

  29. Nanny State by koniosis · · Score: 2, Insightful

    Yeah, great, so people can't make their own minds up?!? If you want to have your e-mails scanned, use it, if you don't, then don't use it! Do they really think people are so stupid that they can't make up their minds for themselves!?!

    Give me a break, this is just taking it too far, what next, making it illegal to eat McDonalds because it's bad for you?

    --
    I spent ages trying to think of sig, but never did :(
    1. Re:Nanny State by weecol · · Score: 1

      have you seen the obesity figures recently? I looked at your comment and remembered seeing the bbc story also who funds your health service after you've eaten all your Big Mac(tm)s

      end of serious comment

      imagine all the people flabbing their lives away.

      belly flop, belly flop.

      belly flop, belly flop.

      (wake up) why are there all those fat people lying on the floor there

      you can continue the story

      X million people die of obesity related problems and the news hires a slim crew to replace all the fat flops

      --
      A sig is only as good as it's creator, that doesn't mean it is as good as it's creator.
  30. Sounds like it already is by khendron · · Score: 4, Insightful

    "The bill by Democratic state Sen. Liz Figueroa would require Gmail to work only in real-time and would bar the service from producing records.

    The bill also would bar Gmail form collecting personal information from e-mails and giving any information to third parties. "


    Doesn't Google state that GMail already works this way? So in effect they are legislating it to do only what it already does. Unless Google turns evil and wants to invade our privacy, they won't mind at all.

    --
    Life is like a web application. Sometime you need cookies just to get by.
    1. Re:Sounds like it already is by dangerburger · · Score: 1

      Yea, but why are they involving themselves in how a company chooses to run its business in the first place. I dont think the gov has any business telling me what chemicals I put in my body, who I marry, whether or not I want to rip that tag off my mattress or weather I want to offer a novel email service to consenting individuals. The gov should stick to the things its good at like nation building.

      --
      Non-System foot or foot error. remove from mouth and strike any key when ready
    2. Re:Sounds like it already is by Anonymous Coward · · Score: 0

      Once google goes public, you can be damn sure those running the show now will leave or be ousted within an couple of years. After that, it'll just be another dot bomb.

    3. Re:Sounds like it already is by Anonymous Coward · · Score: 0

      I dont[sic] think the gov has any business telling me what chemicals I put in my body, who I marry, whether or not I want to rip that tag off my mattress or weather[sic] I want to offer a novel email service to consenting individuals. The gov should stick to the things its[sic] good at like nation building.

      They should work on the things they're bad at too, like teaching kids to spell.

  31. Good thinking there, shooter. by Skyshadow · · Score: 1
    Disclaimer: I think it's a stupid law.

    But if you seriously think that any American company is going to lock themselves out of the globe's 7th largest economy, you're kidding yourself.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Good thinking there, shooter. by MindStalker · · Score: 2, Interesting

      Well google is still rolling it out (which I think makes it insane that california would react the a service that doesn't even exist before seeing its final version) and they havn't needed california yet. While california pays more for most everything I seriously doupt internet sites get a bigger chuck of money from californians than from anywhere else. Google is currently limiting their use to just a few hundred (or maby 5, I don't know) it won't hurt them really to limit their final product to just the rest of the world minus California. Maybe it will atleast teacher california government to get ALL its facts straight before passing laws like this. Or maby it won't, probably it won't. :)

    2. Re:Good thinking there, shooter. by dtfinch · · Score: 2, Insightful

      Bad legislation should never be rewarded. And they're singling out GMail. If that law was rewritten to be non-discriminatory, almost the entire Internet would suddenly become illegal in California.

  32. Ok, what are these people thinking? by deanj · · Score: 1

    When I was able to get a GMail account, I knew full well that they would do this (the ads). I'm fine with that.

    It's not like having a GMail account is a right or anything; If you don't want the ads, don't use GMail. Simple.

  33. Similar legislations for spam filtering!?! by vijaya_chandra · · Score: 0

    How can one be sure that the spam filtering mechanisms do not save info about their mails??

    Are there any similar legislations about the spam filtering done by all the email providers!?!?

  34. Surprising, the Feds will be all over Gmail by treerex · · Score: 3, Insightful

    GMail is John Ashcroft and John Poindexter's wet dream: billions of messages nicely indexed and ready for mining.

    Fortunately experience shows that Google doesn't much care to help the USG.

    1. Re:Surprising, the Feds will be all over Gmail by deanj · · Score: 1

      Oh get off it. Your e-mail can be searched with the same court orders that have been in place for years, well before Ashcroft and Poindexter, I might add.

      There are plenty of things to be paranoid about, but this isn't one of them.

    2. Re:Surprising, the Feds will be all over Gmail by treerex · · Score: 1

      Oh get off it. Your e-mail can be searched with the same court orders that have been in place for years, well before Ashcroft and Poindexter, I might add.

      Absolutely --- I didn't mean to imply otherwise. I'd go so far as to say that your email is being searched court order or not. Regardless of what people might think, unless you are encrypting your mail you should have no expectation of privacy from anyone. Anyway, after PATRIOT was passed the Feds probably don't even need the court order to snoop.

      At his keynote address at HLT-NAACL 2004 conference, Andrei Broder (once of AltaVista, now at IBM TJW) mentioned that IBM has a regular policy of purging deleted email every 3 months. But one must believe it still exists, at least for the next lawsuite.

    3. Re:Surprising, the Feds will be all over Gmail by Anonymous Coward · · Score: 0

      Lies and bullshit.

      All the things you mention require judicial review. Period. No amount of hand wringing changes this incontrovertable fact.

    4. Re:Surprising, the Feds will be all over Gmail by treerex · · Score: 1

      You are being ignorant if you think the Ashcroft's minions give a rat's ass about getting permission for this stuff. Whatever ever. And why the anonymous posting?

  35. Arnie by oZZoZZ · · Score: 1

    Doesn't the govenator own some Google stock? I remember reading somewhere that he was an early investor... I'm sure he'll swing something to protect his investment.. he is a Rebuplican after all! :)

  36. Not the government's job... by marderj · · Score: 3, Insightful

    Where the hell does the Senate get off telling Google how to run their email service? This doesn't seem right. Not that I want Google harvesting my email for personal information they can use as they please, but it just doesn't seem like its the government's place to make that decision. This is something that should be decided in the free market. Don't like the terms of service? Then don't f-ing sign up. Anyways last time I checked, the Hotmail terms of service basically said that anything you send through Hotmail belongs to them. I'm sure there are similar provisions in the TOS for the others too. The article was a little light on details. Does this single out Google or does it apply to other providers as well?

    1. Re:Not the government's job... by Anonymous Coward · · Score: 0

      In cases like this, governments sometimes step in to protect the "little guy" ... the people who are too stupid to realize what they are signing up for. It's a socialist practice and not at all surprising in a socialist state like California.

    2. Re:Not the government's job... by Brandybuck · · Score: 1

      Where the hell does the Senate get off telling Google how to run their email service?

      It's the government. We, the ordinary people, have given them total and complete power. We have only ourselves to blame.

      We're too busy arguing whether to give Bush or Kerry this total and complete power, to consider whether the nature of this power should be in the hands of government to begin with. We have created a system where we vote for the lesser of two tyrants. We have only ourselves to blame.

      We vote for candidates who promise to impose power upon those we dislike. We elect politicians on the basis of whose going to gather more power unto the government. We elect them so we can "stick it" to someone else. We have only ourselves to blame.

      --
      Don't blame me, I didn't vote for either of them!
  37. Searches in Real Time? by PetoskeyGuy · · Score: 1

    That would make it faster them my computer.

    1. Re:Searches in Real Time? by black+mariah · · Score: 1

      I can say with absolutely no hint of humour or sarcasm, or even smartassyness, that Google's computer systems are much, much faster than whatever computer you have.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  38. A little overkill as usual by hurfy · · Score: 1

    Seems the obvious answer to alot of these types of things is making them CLEARLY tell people what they are doing to/with what info. DOnt read my mail without telling me. Dont install stuff without telling me. Dont send out info without telling me. Preferably telling me why in the process. Then i can tell em to take a hike. Personally i thought them adding ads from email might be amusing when most my mail is trying to sell me something in the first place. Next we need animated mail where the ads can duke it out...

  39. I'm glad by thebra · · Score: 4, Funny

    that they are going after google now that they have put a stop to SPAM , adware and spyware. The web will now be a safer place.

    1. Re:I'm glad by MarkPNeyer · · Score: 1

      Insightfull? This is supposed to be sarcasm, right? Please for the love of god say yes.

      --

      My blog
    2. Re:I'm glad by eliza_effect · · Score: 1

      Yes.

  40. You can sign away your rights. Yes. by mr_mischief · · Score: 1

    Sure you can sign yourself into slavery. It's called alimony. Once you've signed that paper, you keep working, but your ex gets all the benefits.

    1. Re:You can sign away your rights. Yes. by ozric99 · · Score: 1

      Are you here all week? What's the veal like?

  41. Two points by Xhad · · Score: 1
    It seems to me that companies ought to have a right to exchange services with people on terms that both sides agree on

    -Some of the things people are whining about may also affect anyone who so much as sends a message to a Gmail user.

    -A great many laws are made to outlaw "voluntary" undesirable agreements, because when companies can't propose those types of agreements they tend to offer something better. Example: Minimum wage laws.

    1. Re:Two points by therblig · · Score: 1

      Even if we were to agree that minimum wage laws were good, the analogy doesn't fit very well. Some people may only be able to get a minimum wage job, and thus have no other choice. When it comes to email, there is choice. You can choose Gmail and all its possible privacy infringements, or you can choose Yahoo, Hotmail, Excite, or other freemail services if you want web mail. There are very accessible options available for those who don't like what Gmail is doing.

      --

      I struggled for days and days and all I got was this lousy sig.

    2. Re:Two points by elemental23 · · Score: 1

      Some of the things people are whining about may also affect anyone who so much as sends a message to a Gmail user.

      I have yet to hear a good explanation of how exactly this affects the sender of the e-mail. Because their mail is scanned by some software? That already happens on any mail server running spam or virus filters. The fact that it's for the purpose of targeting ads is irrelevant here, as the sender doesn't see them.

      --
      I like my women like my coffee... pale and bitter.
  42. Jurisdiction Issue by chadjg · · Score: 1

    It seems to me that this law will be struck down. Isn't Gmail in the federal regulatory domain, or shouldn't it be?

    Even if you ignore the goodness or badness of the restrictions this California resolution imposesit's a big problem. Trying to program to obey 51 different groups of technical ignoramuses has to be hell.

    --
    Why do I have this? I don't smoke.
  43. Not to argue with extremes, but... by Ieshan · · Score: 1

    Not to argue with extremes, but I could sell crack and make quite a profit. The government says I can't do so. There *are* limits to what everyone will accept.

    Just a point. Though I have a gmail account, and love it, and think it's ridiculous that CA would pass a law against it.

  44. Face it! Google is not what it used to be. by lyolyo · · Score: 0

    I can't believe I read posts about people defending Google when they are trying to read *your* email and send it to *3rd parties*. You say people don't have to accept it. How many people do read the privacy policy? And do you think Google will write in big red font WE ARE READING YOUR EMAIL AND SENDING IT TO ADVERTISERS! I don't think so. Google Inc. is becoming just another Yahoo, and it is really time for some people to wake up.

    1. Re:Face it! Google is not what it used to be. by Anonymous Coward · · Score: 0

      they are trying to read *your* email and send it to *3rd parties*.

      Really? Google is trying to do that? Where's your proof?

      do you think Google will write in big red font WE ARE READING YOUR EMAIL AND SENDING IT TO ADVERTISERS!

      Of course they won't - because that's not what they're doing, moron.

      Do yourself a favour: get yourself a big sledge hammer, and use it to give your computer and monitor several good bashes. You won't embarrass yourself quite so much, and we won't have to listen to your stupid misinterpretations.

    2. Re:Face it! Google is not what it used to be. by lyolyo · · Score: 0

      I didn't see your interpretation. As for the sledge hammer, why don't you shove it up your ass.

  45. Why target Google? by tkr2099 · · Score: 1

    It seems to me that it would make much more sense to go after things like spyware and spammers, instead of Google, which is one of the few companies that seems to be concerned with something more than profit.

  46. You can't contract by Prince+Vegeta+SSJ4 · · Score: 1

    to do something illegal, so if California makes a feature illegal, you can't sign away your 'right'. Depends on how they right the law.

  47. Good! by Anonymous Coward · · Score: 0

    They're going to prevent Google from collecting personal information, like names and addresses and email!

    Waitaminute....

  48. MSN, Yahoo! or AOL tie-ins? by femtoguy · · Score: 1

    Has anybody looked into whether there is any money from competitors involved in this? It seems like MS has been gunning for Google for a while, and if GMail succeeds, it would be the end of Hotmail forever. There must be a money trail somewhere. Oh, and why is it that nobody cares about spyware which sends your browsing history to people without even telling you it is there, but this is so bad.

    1. Re:MSN, Yahoo! or AOL tie-ins? by tkr2099 · · Score: 1

      It certainly wouldn't be "the end of Hotmail forever." There are simply far too many 13 year olds that refuse to give up their hot_n_sexay_four_U@HOTmail.com accounts.

  49. Pssst....Hey Cali by flinxmeister · · Score: 1

    It's called a "plaintext protocol"....

  50. California laws? by Tailhook · · Score: 1

    Someone help me here, I'm too lazy to look it up. Wouldn't this bill have to be signed by Gov. Ahhh-noold? He's probably looking forward to giving this joke a good, swift kick in the pants, unless he needs to buy off some members to get what he needs to fix the budget...

    --
    Maw! Fire up the karma burner!
    1. Re:California laws? by Kozar_The_Malignant · · Score: 2, Insightful
      Two things still have to happen:
      1. It has to pass the Assembly
      2. It has to be signed by the Governator.
      Lots of Weird Crap gets through one house and then dies. If Google doesn't have enough cash to buy^H^H^H lobby a sufficient number of Assembly Members to block this, they're in way worse financial straits than everyone thinks.
      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    2. Re:California laws? by Kenrod · · Score: 1

      Absolutely. This is just a bunch of brown-nosing worthless politicians sucking up for some Microsoft campaign donations. I know equal protection doesn't apply to corporations, but targeting a specific company with legislation sounds awfully unconstitutional to me.

      --
      Good heavens Miss Sakamoto - you're beautiful!
  51. Why, do they do that? by Pizentios · · Score: 0

    Why do goverenments make laws against things that in reality ether don't affect them, or they can't really control. For instants, the laws against mp3 trade etc... now this... The way things are headed, soon it'll be illegal to post your political opinion on the net if it says somthing that the party in power doesn't like. People have to realize that the more we use the internet the more and more other people are going to know more about our personal lives. I for one, don't really care if sombody knows what i write in my emails...or if i do, there are tools on the net to encript your messages. I am tired of hearing about how people walk around getting influenced by what the media/goverenment says....IT'S TIME TO MAKE YOUR OWN CONCLUTIONS ABOUT THE ISSUES...information is power. Arm yourself.

    --
    -Pizentios
  52. California is on crack by cheeseSource · · Score: 1

    See how fast they made a move on google. Now compare that to their E-voting progress. To have or not have an audit trail, damn how simple is that.

    Whatever happened to priorities...

    --
    (Sponsored by cheeseSource for President 2012)
  53. An alternate law by vijaya_chandra · · Score: 0

    You continue with ads, but
    i) Give me 1 TB of space
    ii) Send me $100 every month for watching the ads
    iii) .
    .
    .
    .
    .

  54. Your information already has a passport by schwaang · · Score: 3, Informative
    From the gmail privacy policy:
    Transfer of information.
    Personal information collected by Google may be stored and processed in the United States or any other country in which Google Inc. or its agents maintain facilities. By using Gmail, you consent to any such transfer of information outside of your country.

    Italics mine.

    At least Google is up front about this, unlike your bank, credit card company, tax preparer, and medical records transcriber. This kind of notification is what California should have passed.

    [Yes I know this isn't exactly the point the parent was getting at. Sue me.]

    1. Re:Your information already has a passport by Rick+the+Red · · Score: 1

      Google's pretty up-front about everything, and given their attitude in general, I'm much more comfortable with them holding my email than I am with others. Frankly, I don't see the point of this legislation. For one thing, it precludes Gmail users from setting up frequently used searches (i don't know if gmail offers such, but under this law it couldn't).

      --
      If all this should have a reason, we would be the last to know.
    2. Re:Your information already has a passport by schwaang · · Score: 1
      Agreed. So long as there is informed consent, why not let users decide whether they are willing to accept it? Google isn't like Microsoft (yet). They've earned some trust, they deserve to be rewarded by consumers for that.

      But there is room for lawmaking here. Like requiring notification before scanning mail, and maybe limiting what email providers can do with the information they scan. The restriction on third-party sharing in the California law seems like a good idea, IMHO.

    3. Re:Your information already has a passport by Anonymous Coward · · Score: 0

      Your information already has a passport

      I can't believe you actually typed that.

    4. Re:Your information already has a passport by LiquidCoooled · · Score: 1

      The simplest choice I have thought about is for google to allow every email to contain a "Do not scan" flag or code. That way, people who wish to opt out can do so easily.

      When the other main mail providers (yahoo hotmail etc) start using this tech, they can also make use of it.

      Legitimate operators could comply, it would protect those who want protecting.

      The one drawback to this is location of the tag - it could be placed in the sig of the mail - however it would still require scanning to see if it can USE the keywords to find adverts. The best place is obviously in the outbound header of an email - similar to the blackhole tags or warning tags.

      Infact, since the current new legislation allows for scanning for "dodgy corrupt virus infested spam filth", finding this "Do not scan" flag will simply shortcurcuit that search and prevent any further scanning.

      sorry - lost in typing, its late maybe i should sleep...

      --
      liqbase :: faster than paper
  55. No kidding by billybob · · Score: 4, Insightful

    This is pretty much what I've been saying.

    Google's a good company. They've never done anything that has raised my eyebrows before in terms of violating someone's privacy, or anything really. It's not like humans are going to scan your emails and decide what ads to put next to them. (Side note: the article was misleading in that it said gmail would place ads IN your email. Pure FUD. They're NEXT TO your email, which is way different). The whole system is automated, just like their AdSense program. It figures out what ads to display based ont he content of the web page.

    The only argument that I've heard that makes any sense is if someone is against Gmail beacuse of this ad thing, so they dont sign up for the service, but then all their friends do so when they send email tot hem, their emails are scanned for content, even though they're not signed up with the service. Seriously though who cares. Google's not going to do anything like sell your email content to third party's so they can email your ads and stuff. People need to stop getting their panties all in a knot.

    --
    Joseph?
    1. Re:No kidding by JofCoRe · · Score: 4, Interesting

      The only argument that I've heard that makes any sense is if someone is against Gmail beacuse of this ad thing, so they dont sign up for the service, but then all their friends do so when they send email tot hem, their emails are scanned for content, even though they're not signed up with the service.

      Hmm, messages scanned for content by the receiving mail server... nothing at all like these MailScanner and SpamAssassin packages that we have installed on our mailservers, that scan every piece of received mail for content. :)

      (and we don't even tell the sender that we're "reading" their mail!)

      --

      Place sig here.
    2. Re:No kidding by rainman_bc · · Score: 1

      Difference is that google indexes your message using keywords. Spamassasin reads it and forwards it on.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:No kidding by khallow · · Score: 1
      They've never done anything that has raised my eyebrows before in terms of violating someone's privacy, or anything really.

      You obviously run with a better class of human. My pals have been discussing Google's spook connections ever since they bought out Deja News (a spook-run company so it was averred). And other people note Google hired at least one person who worked at the NSA for a little while. My point isn't that NSA is riddled with government agents, but merely that there's a fair number of people who are deeply suspicious of Google and its capabilities.

      Another thing is that currently Google is a nice company. But there's no guarantee (and plenty of counterevidence, eg, HP-Compaq, MCI, Netscape) that a company will retain the characteristics that make it a good, ethical company.

  56. Email as a postcard by Talking+Toaster · · Score: 1

    It's been said before, but email is about as private as a postcard. Privacy is important but let's not kid ourselves. Until both sender and recepient are using encryption on their own PC (and assuming that their PC is not infected with spyware, or otherwise insecure) there is no privacy when it comes to email. The best we can hope for is relative anonymity. Restricting one end of the email trail will not give us privacy.

    So, how are the laws these days when it comes to having a free or open source email client with built in, easy to use encryption? I don't know, I haven't looked into it lately. But assuming things haven't changed much in the last few years, if our politicians really want us to have privacy they should decriminalizing encryption for the masses.

    People who know what they are doing can fairly easily set up our own email clients, but until it is trivial for everyone we correspond with it won't do much good. Unless maybe Google encrypted it for you, and both sender and receiver are using gmail.

    --
    Howdy Doodly Doo!
    Anybody want some Toast?
  57. Spam by Anonymous Coward · · Score: 0

    One small Step for spam, one giant leap for spam kind, now doesnt the bill make anti-spam software illegal in california..way to go senetors..way to go

  58. WTF by zarthrag · · Score: 1

    I didn't RTFA, but this is insane. Pre-emptively limiting an email service's search facilities. For what reason? Privacy?

    If that's the case, then I'm pissed. Where were the "pre-emptive privacy legislators" when Gator came along, or any other data mining company? I like to see some laws stopping windows from phoning home, or at least asking first. Ooooh, here's one: How about a law that will limit from being in the phonebook, until I OPT-IN?

    Useful, probably not. But moreso than limiting pre-cached searches.

    --
    Why can't all fpga/microcontroller manufacturers just release free optimizing compilers???
  59. What if this were MS? by NitsujTPU · · Score: 1

    Hold up...

    So, it's ok for Google to, rather than even aggregating results, to search your email, profile you, and direct ads toward you?

    I'm not saying that this is necessarily a bad thing, but I would imagine that if MS were to put features into Exchange that would send the results of the equivalent of a dirty word search back to them, then they were to target you with advertisements, /. would be thoroughly upbraided.

    Wake up folks, California is protecting against something that /.ers typically don't like. The fact that Google is doing it makes it no more permissable.

    Personally, I think that it's a-ok to target adds based on such results, but I would prefer that it be done on the spot, in real time, rather than have the results cached.

    1. Re:What if this were MS? by timmyf2371 · · Score: 1
      There's a difference here.

      Google are being completely up front in the service they offer and it's all down in black and white rather than in a hidden licence agreement.

      Why is it up to the Government to decide for the customer when the customer can make an informed decision on whether to use GMail, or whether to use one of the many alternate e-mail providors around.

      --

      Backup not found: (A)bort (R)etry (P)anic
    2. Re:What if this were MS? by PDAllen · · Score: 1
      I'm not saying that this is necessarily a bad thing, but I would imagine that if MS were to put features into Exchange that would send the results of the equivalent of a dirty word search back to them, then they were to target you with advertisements, /. would be thoroughly upbraided.
      I think you mean /. would upbraid MS, but anyway...
      If MS were to create a version of exchange (or OE) which did that, then target me with ads from it, and I got no return, then I would indeed be pissed off.
      If on the other hand they created a version of OE which gave them my emails so they could advertise at me, but in return gave me a nice new computer to run the modified version of OE on, after I'd agreed to the deal, then I would not be pissed off.
  60. Ridiculous by saddino · · Score: 1

    As many have mentioned, nobody is forcing anyone (including Californians) to use GMail.

    If you live in California, I advise you to write the bill's sponsor, Liz Figueroa and ask her to find something better to do with her time and your tax dollars. In case her page is Slashdotted you can always send her an email.

  61. Missing the point by AntigonusPiglet · · Score: 4, Insightful

    Many people commenting on this issue say "If you don't want Google to read your mail, don't sign up." That assumes that the only person who has a potential privacy issue is the recipient of the e-mail. My problem is on the other end: when I SEND someone e-mail I don't want someone else to read it. Why should I compromise my privacy so you can get a bigger mailbox?

    1. Re:Missing the point by DoorFrame · · Score: 4, Insightful

      Well, but aren't you doing this already? I mean, lets say you send me an email. You've got absolutely NO way to know that I don't simply take what you sent me and archive it for later use, or take what you sent me and post it immediately on usenet somewhere. Once you've sent the email it's out of your hands and you need to trust that the person you've sent it to, and the organization they're getting their service from is a good one. If you know that the recipient or the service is faulyt, and you're unwilling to send them email, just let them know and don't send them anything until they change.

      If you're so concerned about your privacy that you're worried about what your recipient is going to do with his/her email, it might be time for you to start making phone calls.

    2. Re:Missing the point by SEE · · Score: 1

      So, you're sending your mail encrypted and you have a magical way of stopping the person who decrypts it from showing it to other people?

      Well, in that case, you don't have to worry about Gmail either, since it can't read your encrypted message. If you're not doing that, then you don't have privacy now, so why are you worrying about Gmail?

      Really, just because Google is shattering your illusions is no reason to punish it with legislation.

    3. Re:Missing the point by Herrieman · · Score: 1

      You have obviously bought too many Microsoft software lately. You know the feeling: you open the box, read a piece of paper with "EULA - DON'T PANIC" on it. Suddenly you realise that what you have bought is nothing more than that paper, telling you that you are the proud new owner of a licence (not necesserily to be used with whatever is in the box).

      This is not the same system as (e)mail. If you receive email, you are the owner. If you send someone mail, it is suddenly HIS mail, not yours, even it you put "TOP SECRET - DO NOT DISTRIBUTE" on it. The recipient can do whatever he or she wants with that email (unless bound by a contract or something similar). Atleast according to the law of my country...

      And please, you don't have any privacy, if you are using Email. It will pass in the clear on the network, on Email servers, ... Every sys- or netadmin on the road to the destination (which you can't control) can read your mail ...

      --
      http://blog.astyran.sg
    4. Re:Missing the point by cpeterso · · Score: 1


      No one is forcing you to email someone@gmail.com. How many people @aol.com do you send email to?

    5. Re:Missing the point by Feanturi · · Score: 1

      My problem is on the other end: when I SEND someone e-mail I don't want someone else to read it.

      But that isn't going to happen anyhow. The 'someone else' that will see your message isn't even a 'someone' but a machine. A machine that can't think, or judge, or snicker. This is not a privacy issue.

    6. Re:Missing the point by vianetman · · Score: 1

      Okay, but don't you already give up that now. I don't expect any email I send out to be safe from prying eyes. I expect that any email I send to a friend at work will be scanned for objectional material and then still subject to sysadmins and mail administrators curiosity, and do you really trust Hotmail? I just don't expect email to be private at any time on any service.

    7. Re:Missing the point by dtfinch · · Score: 1

      The receiver can do whatever they want with the email you send to them. And if they want to allow google to index it, I don't see why you should be able to stop them. They could scale it up and stick it to the side of a building if they wanted. Just don't send confidential email to people you don't trust.

    8. Re:Missing the point by bryane · · Score: 1

      My problem is on the other end: when I SEND someone e-mail I don't want someone else to read it. Why should I compromise my privacy so you can get a bigger mailbox?

      Um. You think this doesn't happen now for msn, yahoo, etal??

    9. Re:Missing the point by EtherealSys · · Score: 1

      When you send someone an email, its no longer your right to control who sees it. If you send me an email, there is nothing stopping me from reading it aloud to friends, posting it on my website, or handing it over to a third party. If that bothers you, dont email me.

      --

    10. Re:Missing the point by Valluvan · · Score: 1

      So don't. You still have the choice of NOT SENDING your mail to a gmail address. Here's a tip: send a microsoft office word document to Stallman and follow his lead.

      --

      Science as a way of life.
    11. Re:Missing the point by jdog1016 · · Score: 1

      No, YOU are missing the point. There is no one at Google reading anyone's email. Its their COMPUTERS that are scanning the messages and fetching appropriate ads and making NO RECORD of this in any database.

    12. Re:Missing the point by Rie+Beam · · Score: 1

      "My problem is on the other end: when I SEND someone e-mail I don't want someone else to read it." And thus the *.*.*.* IP blocklist was born.

    13. Re:Missing the point by ezthrust · · Score: 1
      I completely agree.

      Something I find hilarious is that there are so many posts that condemn this bill. If it were a bill not allowing Microsoft to collect the information that could be given to them though some sort of "registration" everyone would be applauding.

      The double standard is astonishing.

      Karma? I don't need no stinking KARMA!

    14. Re:Missing the point by DrEasy · · Score: 1

      Maybe Google could offer to only "read" OUTGOING mail? This way it would only be the gmail user's decision to be "watched".

      --
      "In our tactical decisions, we are operating contrary to our strategic interest."
    15. Re:Missing the point by Anonymous Coward · · Score: 0

      But don't forget to wrap your phone and phone lines in tin foil first.

    16. Re:Missing the point by PDAllen · · Score: 1

      Well, if you were worried about your privacy, then why send me an email? I'm only going to post it to usenet and take the piss, as is my right.

  62. (Sigh) by thewldisntenuff · · Score: 1

    Well, before we all start knocking politicans for being poltically and technically inept, let's at least give them some credit for trying (/ducks :) )

    Seriously, if we /.-ers got together and found some sort of solid canidate for an office, we could have something very powerful. A politican that actually gives a sh!t about technology and the rights of the people online, etc.

    We could give a government homepage for this canidate the real /. effect....SLASHDOT UNITE!

    1. Re:(Sigh) by geminidomino · · Score: 1

      If a SINGLE politician that you describe existed, s/he would just be consistantly voted down.

  63. Already happening? by Anonymous Coward · · Score: 0

    Doesn't server side SPAM filtering already require some reading of messages? How is Google reading a message to target adds any different than Yahoo, or my ISP, reading a message to decide if it's SPAM?

  64. It's the Law by Anonymous Coward · · Score: 0

    Microsoft's Law.

  65. So what? by Guspaz · · Score: 1

    So Google has to do this as the page/email loads instead of in advance... Who cares? All this means is Google will have to put more power behind the service, which Google can certainly afford.

    People are screaming bloody murder, but this doesn't affect them, so they really should shove it. The only people here who have the right to complain about this bill is Google, who will have to spend more money to operate their service.

    1. Re:So what? by Anonymous Coward · · Score: 1, Informative

      OK, genius, how much power does it take to search 1GB of email in anything close to real time? Now, multiply that by the number of users GMail is likely to have... I doubt even Google has enough power to do this and provide the product to both advertisers and users they've promised.

  66. What!? by Neurotoxic666 · · Score: 5, Interesting

    First, those who voted for that bill most probably can't even turn on a damn computer. Let alone use an email service. The story should end right here. But these technophobic fuckers actualy have some power over what Google can do.

    Google is a private company and they offer a free -- FREE -- service to users who agree to some terms and conditions of use. These users will most likely be very happy to use this service.

    Now can anyone tell me why should the govt even consider thinking about voting anything concerning Gmail!?

    No one is FORCED to use it. It's not like a Govt agency decides to send you spam based on your credit report and your annual income... Google is private and the users are free to use it or not.

    I'm sorry, but I just don't get it. I can't. Nothing justifies the intervention of the government in a free, web-based service. Nothing at all. Google does not hide anything and is not violating any law.

    The only basis for the vote is that "Google is huge", or something like that. It's just one step away from voting a bill against, say, an automotive email newsletter that contains car ads; or any other free service on the web for that matter.

    They just should not have any jurisdiction over the internet... Just screw them. Or better yet: patent the bill and sue them for copyright infringement. I just can't believe those daily stupidities....

    --
    You are more than the sum of what you consume. Desire is not an occupation.
    1. Re:What!? by evilviper · · Score: 4, Insightful

      Playing devil's advocate here:

      Now can anyone tell me why should the govt even consider thinking about voting anything concerning General Motors!?

      No one is FORCED to use their cars. General motors is private and the users are free to use it or not.


      Hopefully you can see from the example above that regulation is legitimate. With any product or service, people should be able to assume that it meets certain base requirements. That most definately includes a reasonable level of privacy.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:What!? by Ars-Fartsica · · Score: 1
      First, those who voted for that bill most probably can't even turn on a damn computer. Let alone use an email service. The story should end right here. But these technophobic fuckers actualy have some power over what Google can do.

      Maybe because they were ELECTED????

      Now can anyone tell me why should the govt even consider thinking about voting anything concerning Gmail!?

      Maybe because they were ELECTED????

      Nothing justifies the intervention of the government in a free, web-based service. Nothing at all.

      Other than they were ELECTED????????

      If you don't live in California, shut up this does not affect you. If you do live in California, vote these people out or shut up.

    3. Re:What!? by KarmaMB84 · · Score: 2, Insightful

      You can kill yourself, your passengers and other motorists with a General Motors product. Gmail will probably not kill anyone.

    4. Re:What!? by srNeu · · Score: 2, Interesting

      "If you don't live in California, shut up this does not affect you."

      If the California legislature can restrict Google's OPTIONAL service, then this does too affect me, a non-Californian.

      However, I do agree with your statement "If you do live in California, vote these people out"

    5. Re:What!? by SEE · · Score: 1

      What does being elected have anything to do with justification of otherwise-unjustified acts?

      If, as the poster contended, "nothing" justified the intervention, then that the government merely had the power to so intervene doesn't change it, any more than the power of the California legislature to outlaw . . .

      . . . the use of Linux . . .
      . . . the sale of sex toys . . .
      . . . liquor . . .
      . . . asprin . . .
      . . . cat ownership . . .
      . . . pencils . . .

      . . . would, on its own, justify any of those things.

    6. Re:What!? by cwm9 · · Score: 2, Insightful

      Merely being ELECTED does not grant an official to trample on any persons -- or entities -- rights.

      If the California government voted to pass a bill sensoring all the speach of Ars-Fartsica, would you say it was OK simply because they were ELECTED???? That those who don't agree with the bill (probably nobody but you) could just vote them out of office?

      This bill treads the dangerous waters of restricting the activities of a person or entity, not because such activities are dangerous or harmful to themselves or others, but because they just don't LIKE what google wants to do.

      The law may be unique to Californians, but all Americans have an interest in the preservation of rights and common sense all across the U.S. Any time rights are infringed, it affects everyone in the U.S. and becomes of interest to everyone. Your claim that we should just "shut up this does not affect you," is completely irrational -- such events set precidents which eventually DO effect everyone. Basically, if you don't like that were not Californian's but we still express an intreset in the issue, then you can bite us.

      The government has no rights -- it is only given responsibilities by us, the people. At no time ever in our history have we given the right to the government to dictate what features they want/don't want in someone's software.

      Next thing you know there'll be a rider on a "Three Strikes" type bill that prohibits Linux OSes from offering low level TCP/IP access. After all, we don't want all that packet sniffing going on.

      -Chiem

    7. Re:What!? by khallow · · Score: 1
      Hopefully you can see from the example above that regulation is legitimate. With any product or service, people should be able to assume that it meets certain base requirements. That most definately includes a reasonable level of privacy.

      So what's a "reasonable level of privacy" for a free email product that *you* *signed up* for (including any waivers required to permit Google to search your email)?

    8. Re:What!? by damiam · · Score: 1
      No one is FORCED to use it.

      I'm not defending this law, but the premise behind it is that Google is archiving the messages sent to Gmail users, the senders of which probably haven't agreed to the Gmail EULA.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    9. Re:What!? by Ars-Fartsica · · Score: 1
      Merely being ELECTED does not grant an official to trample on any persons -- or entities -- rights.

      Actually it does, as long as the Constitution is not being violated, or even if it is, as long as you can get it by the Supreme Court.

      Yes murder can be made legal. You are confusing "moral" with "legal".

    10. Re:What!? by multimed · · Score: 1
      OK that's just silly and wrong. Comparing a free service to an auto manufacturing company is more than a little cooky. The parent didn't say "voting anything concerning Google" it said Gmail--which is a free service that doesn't even exist except to beta testers. Cars that cost money are not really comparable on any level at all, to a free, intangible service. The fact that legislators in California are wasting their time on something like this goes a long way to explaining why the state has such enormous budget problems (among others).

      Google is planning on providing a service that is free (in terms of money) but in order to pay for their expenses and ultimately make a profit they require the user pay in ways other than money. As long as they are upfront about what users will be giving up in exchange for the free service (and Google has a track record of being way better than most about being upfront with privacy issues) then the government indeed has no business getting involved.

      --
      Vote Quimby.
    11. Re:What!? by evilviper · · Score: 1

      It was merely one example. This compares more closely with privacy rules than product regulation. There are laws about what doctors can do with patient data, even though you could always say "nobody is forcing you to use that doctor".

      There's a million other examples. I didn't think it prudent to include them all.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    12. Re:What!? by evilviper · · Score: 1
      Cars that cost money are not really comparable on any level at all, to a free, intangible service.

      Okay. Compare it to any other service. Most of them have major regulations on what information they can collect and/or share about you. Free or not makes absolutely no difference at all.

      Even a contract (which a click-through webpage is not) cannot take away your legal right to privacy in all cases.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  67. what if by Anonymous Coward · · Score: 0

    it didnt matter, google has your data and they can scan it anytime they wanted. And real-time is the only way google works (I have never waited more than 1 second for a result from google).

  68. Per-company laws??? by dynamo · · Score: 3, Interesting

    I didn't think it was legal to single out particular companies for laws to apply to.. it shouldn't be, at least.

    1. Re:Per-company laws??? by thebatlab · · Score: 1

      It isn't. The bill doesn't. Don't trust the headlines on slashdot.

    2. Re:Per-company laws??? by Geoffreyerffoeg · · Score: 1

      Repeat after me: LOOP-HOLE.

      No, you can't say, Google, Inc. may not...

      Yes, you can say something like, no company incorporated in the State of California that provides e-mail services and attaches advertising to the bottom of all e-mail sent via said services based on the context of the e-mail may...

  69. In defense of the state... by Improv · · Score: 2, Interesting

    Playing devil's advocate here, at least partly.. why/when, in general, is government intervention worthwhile in certain contracts? From a libertarian POV, probably never, or almost never (e.g. preventing certain types of abuses, e.g. slavery). From a liberal point of view, there are some types of contracts that are so naturally one-sided, e.g. landlord-tenant relations, that in order to prevent one side from being excessively harmed by the concentration of power on the other side, the government has seen fit to legislate. One necessary (but not sufficient) component of these types of deals is that the services offered are sufficiently necessary and scarce that it is difficult to live life without them. Another is that there exists a pattern of abuse by one side. It is left as an exercise to the reader to judge this means of thinking about things, and decide what the exact criteria should be for when and what intervention is proper.

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:In defense of the state... by stephanruby · · Score: 1
      ...landlord-tenant relations, that in order to prevent one side from being excessively harmed by the concentration of power on the other side, the government has seen fit to legislate.

      Interestingly enough, the best landlords I've ever had were located in cities that did not have rent-control and did not have much of renters protection.

      When either the landlord or the renter can get rid of each other pretty quickly, you wouldn't believe how healthy and civil the relationship is between the two.

  70. california by cheezewiz · · Score: 1

    i bet google will be known to cause cancer in the state of california too :p

  71. Are you sure about that? by Pausanias · · Score: 2, Interesting

    I would bet that Yahoo and Hotmail are already searching through their users' email and storing the results for ads. They just haven't made the fact public like Google has.

  72. Disclosure good, forced terms bad. by Skyshadow · · Score: 4, Interesting
    There's nothing wrong with forcing a company to disclose what they're going to do. There's nothing wrong with forcing them to put it in simple language, nothing wrong with forcing them to point out other options.

    It *is* wrong, however, to force a company to abide by certain terms in regards to totally legal activities.

    Let's say that AT&T came out with a new cell plan tomorrow: You can call anyplace with your phone for as long as you want anytime for free. Beforehand, though, you have to listen to an ad for some company and press in a code they mention to prove you listened to the ad.

    Should I have the right to sign up for this service? Of course I should -- I'm bartering my time and attention rather than my money, but it's a fair (and legal) trade.

    What if AT&T offered the same deal, except that they wanted to be able to listen in on my call if they wanted to. Should I still have the right to sign up? Should I still have the right to decide if I'd rather spend $40 a month on my phone or give up my privacy?

    I mean, I'm an adult. WTF does the government get off making these decisions for me, esp. when the people making the laws are a bunch of idiots to begin with?

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Disclosure good, forced terms bad. by Anonymous Coward · · Score: 0

      It *is* wrong, however, to force a company to abide by certain terms in regards to totally legal activities.

      You obviously don't understand how legislation works. Once this law is in place, those activities will no longer be "totally legal", at least not unless they comply with the legislation.

      You might as well say there shouldn't be a law against murder because in the absence of such a law it would be a totally legal activity.

    2. Re:Disclosure good, forced terms bad. by Turtlewind · · Score: 4, Insightful

      It *is* wrong, however, to force a company to abide by certain terms in regards to totally legal activities.

      I agree with the point you were making, but this line is pure nonsense. Forcing people (or companies) not to do certain activities that were formerly totally legal is the whole point of making laws. When laws against (say) monopolistic practices were proposed, they were also restricting totally legal activities.

      --
      --This is a self-referential sig--
    3. Re:Disclosure good, forced terms bad. by YouHaveSnail · · Score: 4, Insightful

      And what if that new cellular service became so profitable that all the other cellular service providers also adopted that as their only business model? How would you like it if you never had to pay for a call again, but you couldn't find a provider who offered ad-free service, or who promised not to listen in on your calls? After all, if 90% of the market loves the free service and doesn't care about the privacy issues, who are you to say they shouldn't have it? And who are you to demand that the service providers go out of their way to deal with your antiquated notion of what their service *ought* to be? Presto, you no longer have a right to choose what kind of service you want, because the service you want is no longer available.

      There's a grey area here. The net is infrastructure just like the phone system or the highway system or the mail system. As such, the government (federal government at least, and perhaps the state government too) has not only a right, but also a responsibility to regulate to some degree how it works and what we should be able to expect from it.

      E-mail is one of the most widely used services on the net, even if you toss out all the spam. The general public uses it without necessarily knowing how it works, and there's a widespread presumption that even if e-mail isn't exactly guaranteed to be private, it's also generally not parsed and analyzed by the service providers. Given that, it seems reasonable for a government to try to protect that expectation.

      I don't know if it'll work or not -- it seems like there's probably plenty of room for a legal challenge. But it also doesn't seem like a huge obstacle, and I can think of a dozen ways to abide by the regulation and still implement exactly the same sort of advertising model that Google is trying to use.

    4. Re:Disclosure good, forced terms bad. by dont_think_twice · · Score: 1

      It *is* wrong, however, to force a company to abide by certain terms in regards to totally legal activities.

      I agree with your arguement, but technically, if California passes a law saying you can't do something, then that activity is, by definition, an illegal activity. Arguing that it is unfair for the legislature to force a company to do something that is legal makes no sense, since the legislature is the body that decides what is and isn't legal.

    5. Re:Disclosure good, forced terms bad. by stephanruby · · Score: 1
      How would you like it if you never had to pay for a call again, but you couldn't find a provider who offered ad-free service, or who promised not to listen in on your calls? After all, if 90% of the market loves the free service and doesn't care about the privacy issues, who are you to say they shouldn't have it?

      If just one percent of the population wants to make phone calls privately, then that's enough of a need to have a niche-market. Bucking the trend is profitable for some companies.

    6. Re:Disclosure good, forced terms bad. by LordLucless · · Score: 1

      But if they listen in on your call, that means they hearing what the person on the other line says as well. What compensation do they get for losing their privacy? Will they even know that whenever you call them, every word they say is being recorded for market analysis? The same with GMail - it's not just the users of it whose mail gets analyzed - it's anyone in communication with them. This is only compounded by the problem of forwarding mail from a non-GMail address to a GMail address - then you don't even know your mail is being archived.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  73. Google will just have to add a disclaimer by Camel+Pilot · · Score: 1

    Gmail is Known to the State of California to Cause Cancer.

  74. MOD PARENT UP by One+Louder · · Score: 1
    This is the critical issue - if I have no relationship with Gmail except that I'm sending email to one of their customers (perhaps unknowingly if the mail has been forwarded), what gives them the right to index it?

    Is there an email version of robots.txt to prevent them from doing so?

    1. Re:MOD PARENT UP by geminidomino · · Score: 1

      see my post above

  75. Is this even government business? by Wiser87 · · Score: 1

    Why is the government even bothering to interfere? If people don't want Google "reading" their email, then don't use gmail, it's as simple as that.

    1. Re: Is this even government business? by dpete4552 · · Score: 1

      Try to not be so simple minded.. Let's assume for a moment that Gmail really is some evil privacy invading beast. Now not only would you have to not use it in order to avoid such a thing, but anyone whom you wish to contact via e-mail would have to not be using it as well. Which is to say that you will potentially be affected by Gmail's policies whether you use Gmail or not.

      --
      http://www.archive.org/details/ThePowerOfNightmares
  76. lobby by twistedcubic · · Score: 2, Funny

    Oops! I guess someone forgot to tell Google that they should begin making political contributions before announcing the IPO. A good hundred thou should take care of this pesky law.

  77. Your .sig by PaulBu · · Score: 1

    Your .sig was never more appropriate! ;-)

  78. Government once again proves... by Seth+Cohn · · Score: 2, Interesting

    it's all about control for them. What they stop? Who did they help? Who did they 'protect'? Google will spend time and energy fighting this, or have to work around it, and nobody benefits except the lawmakers who claim they 'did the right thing'.

    Yeah, just like CANSPAM stopped spam. (it didn't)

    Are you tired of government doing things like this? Me too.

    That's why I've join the Free State Project. Imagine 20K liberty minded people all standing up for freedom, willing to be politcally active, and using technology and common sense to achieve a free society. We'll advocate for the end of victimless crime laws (no more drug laws, sex laws, nanny laws), allow privacy tools like encryption, and reduce the size government down to as small as we can make it, lowering taxes, and always respect the rights of those around us. Are you even mildly libertarian? Do you believe that this country is becoming more and more about 'You aren't allowed unless the state says so?' Join us, and help achieve liberty in your lifetime.

    --
    Help achieve Liberty in your lifetime - join the Free State Project - http://www.freestateproject.org
  79. Does this bill target Gmail by name? by flamingweasel · · Score: 2, Interesting

    Not having the text of the bill, I'm a little confused: would this outlaw something like a bayesian spam filter on a server in California? That kind of filter does not filter in "real time" (I think they mean to say "when the mail is read") and it keeps records (word frequency). So did these knuckleheads just outlaw spam filters, or does the text of the bill name Gmail or Google specifically?

    --
    Cthulhu loves you.
    1. Re:Does this bill target Gmail by name? by Peyna · · Score: 1

      It's illegal to have a law which only pertains to a specific person, business, etc. There's a legal term for that, but I forget what it is.

      --
      What?
  80. Will this affect other Free Email Providers? by Talking+Toaster · · Score: 1

    I've read the article not once now but twice.
    Are they drafting this legislation specifically for google?

    I seem to remember something about it being bad policy to create laws for specific people or companies. OK, I feel less threatened by curbing corporations but it seems kinda funny considering that google is one of the less evil of the corporations out there.

    How is this going to affect Hotmail and Yahoo etc.?
    Do other free email providers already scan email?
    Maybe they do it but they just don't tell anyone?

    The fact that Google is open about it at least gives the idea that they will make an effort to keep their noses clean while doing it. But then I'm assuming that google is less evil than most corporations.

    Whatever. I don't consider protecting people from their own stupidity to be a major legislative priority -- all that ever does is end up hurting the rest of us who have some detectible level of brain activity.

    To some extent I agree but then it is not for good reason that we have Usury laws in this country. Having a significant part of the population brought to financial ruin does have a trickle effect on the economy as a whole.

    But as I said in another post the main problem I see with this legislation is that they are assuming that there is already any degree of privacy to email in the first place. And there is a big difference between regulating car loans, and regulating free email services which you sign up for voluntarily.

    There is no privacy in email unless you are using encryption, and if you were using encryption google wouldn't be able to scan it anyway. Will gmail have POP3 access?

    --
    Howdy Doodly Doo!
    Anybody want some Toast?
  81. AdvertisingSuperHigh Interest rates. by nlinecomputers · · Score: 1

    I agree that government should prevent blatant abuse or taking extreme advantage of desperate people but I can't see how targeted advertising equals usery. This is not depriving anyone of funds people aren't going to sign up for this to get a quick fix only to be unable to pay later.

    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
  82. Hmm... by DosBubba · · Score: 0

    Must be an election year.

  83. Stupid in this context, but ... by Random+BedHead+Ed · · Score: 1

    Google should be able to do whatever they want, considering that the customers have agreed to it.

    Of course this attempted regulation is not stupid per se - it's just stupid in the context of Google and its e-mail system. If Microsoft were to do this to Windows and implement an uninstallable system that could track your browsing, document editing and other activities in order to collect demographic data, I'd say throw the book at them. The difference? Google doesn't have a monopoly over anything. There are tons of alternatives, both for webmail and e-mail in general. (Of course there are also alternatives to Windows, but for better or worse the world is more dependent on Windows than it is on Gmail.)

    I hope silly uses of our government's time like this one don't serve to prevent us from doing useful things with government regulation - like forcing Microsoft to refund your money if you return your unused copy of Windows, or preventing public companies from inflating their stock values for executive sell-offs. There is such a thing as regulation that serves the public good, regardless of what Religious Republicans try to tell you. This just ain't it.

  84. Uh, thats what 99% of laws are by Ars-Fartsica · · Score: 1

    Smoking, drinking, eating too much fat. Most of our laws are set up to protect the unaware from their own actions.

    1. Re:Uh, thats what 99% of laws are by Chibi+Merrow · · Score: 2, Insightful

      No, 99% of our laws are to protect people/society from malicious intent. Read the Constitution, read the writings of the Founding Fathers. The Government's job is to protect you from outside threats, not yourself. If you want to light yourself on fire the government has no business telling you not to, as long as your not hurting anyone else.
      There is no vested interest for ANYONE but despots and tyrants to allow people to live their lives completely ignorant. The less you require people to know and pay attention to, the less they will know and pay attention to. Want proof? Ask one hundred ranom people on the street to identify the president and vice president. I'd be surprised if you got over ten correct answers.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    2. Re:Uh, thats what 99% of laws are by killjoy966 · · Score: 1
      If you want to light yourself on fire the government has no business telling you not to, as long as your not hurting anyone else.

      Actually, I believe in some states you can be involuntarily committed for attempting suicide (ex. Florida).

      --

      Sigs are for suckers.

    3. Re:Uh, thats what 99% of laws are by Chibi+Merrow · · Score: 1

      Slavery was legal and government sponsored in certain states at one time, as well. Just because it's law doesn't mean it's right; doesn't mean it fits in with the framework for governing set out by the people who created this country. I realize you were just trying to point me to what you felt was an interesting contradiction of what I was saying, but what I'm trying to get people to think about is not whether or not laws exist to regulate certain things, but whether or not governments have any business regulating those things. The Constitution and Federalist Papers spell out very exactly what the government should be in charge of, and they really should be required reading for legislators.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    4. Re:Uh, thats what 99% of laws are by silentbozo · · Score: 1

      Most of our laws are set up to protect the unaware from their own actions.

      And in doing so, justify the taxes that go to fund the bureaucracies that "protect" us from ourselves, and the time and money spent on paying the politicians and their staff members to pass more laws to do the same.

      At a certain point, we're going to have a society of idiots being catered to, cradle-to-grave by the government, with the few of us who aren't idiots, being taxed to death to support them. Is it any wonder that people are fleeing across state lines to places like Nevada?

    5. Re:Uh, thats what 99% of laws are by geeber · · Score: 1

      "as long as your not hurting anyone else."

      Great sentiment. But how exactly do you quantify such a thing?

      Dude at the table next to me want's to light up a cigarette - hey but wait that smoke's killing me, too!

      Next door neighbor wants to talk on his cell phone while he's driving. Fine with me - hey but wait whose going to take care of the kids of the guy he just plowed into while dialing?

      Mom wants to surf the internet - hey but wait that worm infecting her computer is now eating up my bandwidth?

      See where this leads? As things become more and more interconnected the definition of who is hurting who becomes murkier and murkier...

    6. Re:Uh, thats what 99% of laws are by Chibi+Merrow · · Score: 1
      Dude at the table next to me want's to light up a cigarette - hey but wait that smoke's killing me, too!

      Eat in a non smoking establishment.

      Next door neighbor wants to talk on his cell phone while he's driving. Fine with me - hey but wait whose going to take care of the kids of the guy he just plowed into while dialing?

      He will, just like if he had dropped a girder on the guy, accidentally blown the guy's gas line, etc, etc, etc. No new laws needed, he's still liable no matter whether he was getting a blowjob, adjusting the radio, or using a cell phone.

      Mom wants to surf the internet - hey but wait that worm infecting her computer is now eating up my bandwidth?

      Move out and get a job you bum. :P

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    7. Re:Uh, thats what 99% of laws are by Anonymous Coward · · Score: 0

      Two Points:

      Concerning Slavery:

      [W]hich shall be determined by adding the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.
      Link

      Concerning what the Gov't has the right to regulate:

      * 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.
      Link

      And as to the intent of the founders, the debates that took place during the Constitutional Convention may be a good guide as well:
      The Debates

      I thought you might be interested.

  85. Yes, Google competitors must be behind this by NiteBird · · Score: 1

    That was my immediate reaction. EFF, the bellwether of electronic privacy issues, doesn't seem to care about this; Google does not appear among their featured news stories. This whole flap about Google's new service threatening privacy seems calculated to scare investors and keep Google from releasing their product until such time as their competitors have something similar.

  86. other e-mail to follow ... by upalom00 · · Score: 2, Insightful

    Many people here are saying that "If you don't like it (GMAIL), then don't sign up for it.". However, what people fail to see here is that once Google launches this service, other e-mail providers are sure to follow in their footsteps. Imagine, two years from now, all of your free e-mail accounts will be scanned; be it hotmail, yahoo, etc. Why wouldn't others want to follow in this path if they give their advertising a target audience in exchange for more $? Google has changed how we searched the web and now they are changing how we use e-mail. These laws are probably not going to be targeted just at Google but at any e-mail that uses similiar technology.

  87. Must agree with McClintock on this one... by warpath · · Score: 1
    From an article at KRON (SF local news):
    Customers who don't like Google's privacy policy can just say no and choose another provider, said Sen. Tom McClintock, a bill opponent.
    I'm completely horrified anytime I'm forced to agree with Senator McClintock on anything. bah.
  88. YOU ARE NOT AN EXPERT by Ars-Fartsica · · Score: 5, Insightful

    How many fields can I pick where your own stupidity would kill you? Chemicals? Insulation in your home? Guess what, you aren't so smart. If not for legislation, think-they're-smarts like you would probably be dead due to misuse of a consumer product that "any idiot" should know how to manipulate.

    1. Re:YOU ARE NOT AN EXPERT by Moridineas · · Score: 1

      How many fields can I pick where your own stupidity would kill you? Chemicals? Insulation in your home? Guess what, you aren't so smart. If not for legislation, think-they're-smarts like you would probably be dead due to misuse of a consumer product that "any idiot" should know how to manipulate.

      That's completely ludicrous. If you bought a chemical or insulation that caused death or injury, get ready to sue the pants off the company the sold it to you, because you're about to be rich. Guess how many more people will buy that product after that?

    2. Re:YOU ARE NOT AN EXPERT by Anonymous Coward · · Score: 0

      . If not for legislation, think-they're-smarts like you would probably be dead due to misuse of a consumer product that "any idiot" should know how to manipulate.

      That's the stupidest thing I've ever heard. And even if it was true, I'd deserve to be dead cause of my stupidity. You idiots need to stop acting like stupid people deserve special rights, cause they fuckin don't.

    3. Re:YOU ARE NOT AN EXPERT by geminidomino · · Score: 1

      If not for legislation, think-they're-smarts like you would probably be dead due to misuse of a consumer product that "any idiot" should know how to manipulate.

      You say that as if it was a bad thing.

      Paging Dr. Darwin...

    4. Re:YOU ARE NOT AN EXPERT by UnanimousCoward · · Score: 1

      I agree with you in general, but I don't think stupidity over what gmail does under the hood is going to kill me...

      --
      Twelve-and-three-quarter inches. Unyielding. This wand belonged to Bellatrix Lestrange.
    5. Re:YOU ARE NOT AN EXPERT by Anonymous Coward · · Score: 0

      Yeah, I'm gonna sue the guy who killed me. No, wait, hang on ......

    6. Re:YOU ARE NOT AN EXPERT by cstream_chris · · Score: 1

      "If you bought a chemical or insulation that caused death or injury, get ready to sue the pants"

      Sueing is quite hard once you are dead.

    7. Re:YOU ARE NOT AN EXPERT by Moridineas · · Score: 1

      Your attempted point is meaning less--it's more than obvious that you can't sue if you're dead. However if a child, wife, relative, etc was killed, you bet your ass you can sue.

    8. Re:YOU ARE NOT AN EXPERT by cloudmaster · · Score: 1

      Pick one. I guaranteee that I either 1) know enough about it to not kill myself or 2) don't have a need to personally use the field in a capacity that will kill me.

      Then again, I do agree that the minorly-stupid should probably be protected - but the really stupid "holy cow! Spilling hot coffee in my lap burns!" people should probably just be allowed to die off.

  89. Conspiracy Theory by gmuslera · · Score: 1
    When was that legislator when the first mail server was done? the first webmail? Hotmail? or when Microsoft buyed Hotmail? Or when was discovered that the OS that most PCs in California, America or the entire world was sending information to Microsoft servers?

    If all this legislation is done to avoid the improbable event that Google could misuse information that a few could store in their servers, what about the sure event that Microsoft will misuse the information stored in most PCs everywhere?

    I hope that the easier explanation according to Occam (i.e. that legislator is getting an extra payment this month from some private company) is not the right one.

    Ok... this could be a flamebait, but is a match fire against the volcano fired by that legislator

  90. Her feedback page. by DaveKAO · · Score: 1

    Tell her what you think!
    http://democrats.sen.ca.gov/senator/figuer oa/

    I wrote:
    "Dear Senator Figueroa,
    Thank you for passing the law regarding gmail. It was nice to see California take the lead role as the laughing stock of the Nation instead of West Virginia."

  91. assholes by supernova87a · · Score: 1

    fuck you California. These sorts of idiotic issues are why you guys are are drowning in debt. Why don't you tackle some real problems, instead of things like what kind of coffee you make people buy (Berkeley City Council), or banning the words "master" and "slave" from computer hardware (Office of Affirmative Action)?

    1. Re:assholes by geminidomino · · Score: 1

      banning the words "master" and "slave" from computer hardware

      And I thought BDSM was big in .ca.us

  92. No, Text of bill by Anonymous Coward · · Score: 3, Informative
    No, this does not target G-mail by name.

    The text of the bill is here. The tracking information for the bill is here.

    For everyone wondering, the bill explicitly allows reading email for filtering spam and viruses.

  93. Don't question the Google Orthodoxy! by Ars-Fartsica · · Score: 1

    It doesn't matter if you want your email searched or not! Google is supreme because they use Linux!! Your privacy is not important, unless of course Microsoft is involved then it is paramount.

  94. This is for the senders by takasuz · · Score: 1

    As far as I see, this law is to protect the privacy of the senders who may not realize the nature of Gmail.

    Google's arguments over the rights of the senders is weak; it is only Google's promise that it will not read the mail just like provider's automated virus scanner or spam filter.

    It is probably OK as far as Google is in the business, but naturally you never know who would take over Google if something happened. You might be held responsible for the violation of their privacy by the senders.

  95. Goshl by zx2c4 · · Score: 0

    What the hell is good ol' Arnold thinking? I guess he's getting board, and has to go mess something up... just like in terminator.

    --
    ZX2C4
  96. Uh huh. by mcc · · Score: 1

    They can still scan it realtime and give ads based on keywords, but they can't store it in a database or share that information with other people.

    And wouldn't that also mean that they couldn't store characteristics of your emails-- for example say Baynesian statistics-- in order to help identify and flag spam in future? Right now tools like Apple Mail store "training data" characteristics about spam and non-spam in a database on your hard drive. Will GMail be banned from doing this?

    This seems to me to be horribly ill-considered.

  97. Testing my GMAIL spam filter by ZaBu911 · · Score: 1

    Spammers:

    zackster@gmail.com -- spam away!

  98. The reason by tacokill · · Score: 2, Insightful

    The reasoning behind it was simple: while YOU (the gmail acct owner) may not have a problem with Gmail scanning your e-mails, *I* (the sender of e-mails to you) might.

    I'm not saying I agree with it, rather, I am just pointing out why they did it.

    1. Re:The reason by geminidomino · · Score: 4, Insightful

      Google Groups does a wonderful job of honoring "X-No-Archive: Yes" Since X-headers can be just as readily added to email, they could set it up to bounce/discard/pass unmolested (their choice) any email with an "X-No-Gmail" header. That would even take care of issues like email addresses forwarding to xxx@gmail.com

    2. Re:The reason by stephanruby · · Score: 3, Insightful
      *I* (the sender of e-mails to you) might.

      Who cares about your problem? If you email-me, I have the right to publish your email on my web site, period.

  99. Google's influence by bored1 · · Score: 2, Insightful

    If lawmakers are passing laws that are almost exclusively designed to target google and their services, this just shows how much influence google has. I find it amazing that the internet as a whole hasnt changed copyright law except make it more strict, yet google is able to cause people to pass laws within a very short amount of time. Kind of strange dont you think?

  100. GET A LITTLE PERSPECTIVE by Anonymous Coward · · Score: 0

    Signing a private contract for an email service isn't about to effect you like the lead in your water did when you were younger.

    1. Re:GET A LITTLE PERSPECTIVE by Anonymous Coward · · Score: 0
      Signing a private contract for an email service isn't about to effect you

      If you care so little about privacy, why are you posting as AC?

  101. But does your landlord use Linux??? by Anonymous Coward · · Score: 0
    From a liberal point of view, there are some types of contracts that are so naturally one-sided, e.g. landlord-tenant relations, that in order to prevent one side from being excessively harmed by the concentration of power on the other side, the government has seen fit to legislate.

    But if your landlord uses linux then he is kewl and he gets a free pass on /. just like Google. If anyone here thinks this is about anything other than "cred", replace Google with Microsoft in the story and see how many /.'s approve of it.

  102. NO! by ALpaca2500 · · Score: 1

    you can't legislate that shit. google can do whatever the hell they want with users' email, as long as they make it clear that they are doing that. if it was like 'we cache every email and make it public,' who cares? if you don't want all your email public, dont use their service. if you dont want them searching your emails and placing ads based on it, or selling your personal information, don't use it. don't pass laws agains it!

  103. Government by Anonymous Coward · · Score: 0

    Government does nothing when you need them and sticks their noses in when you don't want them around.

    Smarten the fuck up stupid a-holes.

  104. Google announces move to Oregon by CatGrep · · Score: 1

    In other news...

    Google announced today that they would move their
    headquarters up to Oregon in an attempt to escape the lunatic legistature of Kal-i-forn-ya.

    A spokesman for Google said, "yeah, we know that the Oregon legislature isn't all that sane either, but at least with Oregon being a much smaller state with lower land prices and cost of living we could just about afford to buy the whole damn state after the IPO if we need to."

    Some prominant Oregonians cheered Google's decision noting that the move would add thousands of jobs to the Oregon economy and significantly lower the unemployment rate. The governor of Oregon even offered to rename the state capitol building to "The Google-Lex". Other names were suggested including "The Google-slature".

  105. Re:Initial thoutghts. - OT I know by dustmote · · Score: 1

    Of course, in my state (not California) you can only have sex missionary style.

    I think that recent supreme court decisions about homosexuality in Texas invalidate this as well.

    --


    -1, "1337" speak
  106. RTFA, spam filters are allowed by Ars-Fartsica · · Score: 3, Insightful

    Clearly stated that provisions will be made for spam filters. Sorry, the legislature did its homework on this one.

    1. Re:RTFA, spam filters are allowed by angle_slam · · Score: 1

      Email is being read in either case. Why make a distinction?

    2. Re:RTFA, spam filters are allowed by angle_slam · · Score: 1

      I just looked at the article and the word "Spam" isn't even there.

    3. Re:RTFA, spam filters are allowed by JofCoRe · · Score: 1

      Clearly stated that provisions will be made for spam filters. Sorry, the legislature did its homework on this one.

      I think you misinterpreted my comment. (and yes, I did RTFA :)

      I wasn't saying that this legislature would make spam filters illegal, not at all. I was just pointing out the irony of your comment, that someone could send their mail to a gmail user and not realize that their mail is being scanned for content. All I was saying is that that particular argument isn't by itself unique to gmail, as there is plenty of "email scanning" that goes on now, without the knowledge or consent of the original sender.

      --

      Place sig here.
    4. Re:RTFA, spam filters are allowed by Anonymous Coward · · Score: 0

      What about virus scanners?

  107. So Encrypt, Or Don't Send by SnatMandu · · Score: 1

    I mean, if you send me email at work, my employer can read it, because it's on a system they own.

    Doesn't hotmail claim copyright on everything that passes through it?

    If you don't want google to read your mail, don't sign up, and don't send messages to @gmail.com, or to anyone you don't trust not to forward it there.

    1. Re:So Encrypt, Or Don't Send by Ars-Fartsica · · Score: 1
      If you don't want google to read your mail, don't sign up, and don't send messages to @gmail.com, or to anyone you don't trust not to forward it there.

      Getting real flimsy there at the end. You have no idea where your emails go when they are sent. Does your best friend secretly print them out and laminate them? If we can protect ourselves against third party disclosure of our private data, we should.

    2. Re:So Encrypt, Or Don't Send by bhsx · · Score: 1

      um, you've just proven that you're not thinking right.
      First off, of course you don't know what your "friends" or anyone else does with the email you send them. Secondly, you don't know what they're doing with that letter you sent them in a stamped envelope. Thirdly, you don't know who has read/filed/indexed/jerked-off-to your emails in transit. The only way to stop that from happenning is using a pretty good encryption scheme (I'd suggest PGP or GNUpg) on your email, which would also stop google from indexing it.

      If we can protect ourselves against third party disclosure of our private data, we should.
      I agree... see above. Legislation is unneeded.

      --
      put the what in the where?
  108. WTF is this actually about? by The+Pim · · Score: 2, Interesting
    This summary made no sense to me. What the hell is a record? I searched around and found Senator Figueroa's page about the bill, which rambles all over the map before finishing with the proposal prohibiting "scrutinizing of e-mail messages ... for direct marketing" without the consent of both sender and recipient. Not only would this knock Gmail flat, it depends upon the absurd claim (supported by some specious reasoning above) that merely being shown a targeted ad is a privacy violation.

    However, this apparently describes an earlier draft, because this somewhat better article says the bill is about amassing personal information (ie, keeping email that's been deleted) and sharing it with third parties. Which are much more legitimate concerns, but have nothing to do with the targeted ad and search features of Gmail.

    So what's the real story? It almost sounds like the revised bill is just a cover for Senator Figueroa's embarrassing early draft.

    --

    The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
  109. If you're worried about privacy...use Hotmail?!?! by Anonymous Coward · · Score: 0
    If you're worried about privacy, don't use gmail. Use Hotmail, ...

    Gawd, I'm thinking you need to change your sig to Dr. Kevorkian or somesuch. Advocating Hotmail for privacy?

  110. Arnie GMail Adv by proudlyindian · · Score: 0

    As a user clicks logoff an adv featuring Arnie (la clippy) will say "History WONT be back, it will cease to exist. Do you want to logoff ?"

  111. "Legal" is what the legislature says it is by Ars-Fartsica · · Score: 1
    It *is* wrong, however, to force a company to abide by certain terms in regards to totally legal activities.

    That is the entire point of the legislature, they can simply make actions illegal where they deem necessary. At that point you can appeal to get the law overturned at a higher court but until then its academic.

    mean, I'm an adult. WTF does the government get off making these decisions for me

    See "American Revolution", "US Constitution", etc etc. At the end of the day they get to make decisions because your forefathers told them they could run the army. Your best bet for disagreeing with their right to pass laws is to build a bigger one.

  112. The Patriot Act by Laivincolmo · · Score: 0
    Hmmmmm.... Goverment invades personal privacy of citizens in the name of fighting terrorism... Politicians agree...

    Private company existing in a free market economy harmlessly collects data for text advertisements... Politicians must then act to protect freedom!

    Hmmmm... I can't wait until November...

    On another note, I don't know about other people, but ads don't bother me. I simply ignore them. I don't see how ad companies make any sort of profit off of web advertising. Oh! Why I'd love to have an icon on my taskbar to tell me the weather! What? My computer is running too slowly, that really looks like windows dialogue box, so I'd better click on it!

  113. Complete loss of big picture by Anonymous Coward · · Score: 1, Insightful
    My problem is on the other end: when I SEND someone e-mail I don't want someone else to read it.

    Let me get this straight - you pass your thoughts through a medium that gets beamed all over the electromagnetic spectrum, passes through who knows how many private systems that backup their contents for millenia and are controlled by untold numbers of admins of unknown background

    And you're worried about the idea that a box along the way would scan your email's content?

  114. Something is wrong... by SageMadHatter · · Score: 1

    Something is very wrong with this picture.

    - GMail isn't even out
    - GMail was announce just a bit under two months ago

    So the questions are... what if GMail never comes to be, then what of the bill? A waste of time? Who asked for this bill? How is it they moved so quickly on this, isn't congress generally slow?

    Official Press Release dated April 1st, 2004.

    Sounds like someone has some heavy investments in Goggle's competition, for a bill to be passed on a single company's product that doesn't even exist yet.

  115. No Indexes? by JSBiff · · Score: 3, Insightful

    I'm not exactly sure, but it sounds like this law, the way it's being stated, would prohibit Google from creating the full-text indexes that are *absolutely necessary* to do fast searches. The *point* of GMail is to have email with the power of google. If I'm gonna be doing searches without any indexes, I might as well stick with my Mozilla Mail client getting mail by POP3 - I already have well over 1Gig of free space on my HD to store mail, and Mozilla has some mail searching capabilities built in.

    The only reason GMail is appealing is that I can apply the power of Google (which is built on indexing content) to my mail. *sigh*

  116. no point by Random_Goblin · · Score: 1
    Well then it's your choice not to send that private information by e-mail. This isn't rocket science.

    If you send me your super secret cold fusion plans by e-mail, and I choose to publish those plans on the web, and google trawls my site and your secret data winds up all over google servers and the web, who is to blame?

    I'd suggest either you for not specifing a non-disclosure agreement, or me for ignoring said agreement? not, I would contest, google.

    I can't see how the theoretical g-mail situation is any different. Your privacy was compromised when you sent the e-mail to someone else. That's the nature of privacy.

  117. If this was about Microsoft by iammaxus · · Score: 1

    you'd surely see a lot more people replying about how Microsoft is finally getting put in its place, that they just crap on privacy...

  118. Why not? by mfh · · Score: 1

    And why shouldn't Google move their base of operations out of the US? I strongly dislike judicial or political interference in the quality of service offered. Maybe the premise of fearing abuse of privacy is accurate, but as a programmer, I am offended whenever the government tells me how I can and can not code. It should be up to experienced systems designers and coders to decide how these systems are designed, not issue-pushing baby-kissers.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Why not? by websensei · · Score: 1

      amen. mod parent up. gmail privacy is between its users and google. as long as google's actions are defined/constrained by their privacy policy/user agreement, where is the problem?

      as a bit of a tangent, I began using gmail as of last week (got an , and it is *fantastic*.

      --

      La via sola al paradiso incommincia nel inferno
  119. Putting on my tin-foil hat for just a moment... by kiddailey · · Score: 3, Insightful


    All of this extreme anti-Google privacy concern crap is so suspicious.

    Of all things to be concerned about in regards to privacy, a free, web-based email service seems hardly enough to even loose any sleep over. I can think of a TON of other privacy concerns that would and should come miles before a GMail account.

    Which leads me to believe that there's more going on here than we know and realize. Specifically, at least two well-known companies with a lot^H^H^H^H^H^H^H ENORMOUS lobbying power would have reason to want Google's GMail to fail -- Hotmail, Yahoo. And we all know what kind of anti-competitive tactics one of those is known for.

    All of this blatant extremist attitude towards GMail could stem from these facts. Since I'm wearing my hat, I'd wager that it probably does.

    In any regard, if I was a California citizen, I would be e-mailing these so-called representatives and inform them that they would not be receiving my vote next election and that I would be spreading the word to my friends, neighbors and family.

    1. Re:Putting on my tin-foil hat for just a moment... by Alternate+Interior · · Score: 1

      And just what has Yahoo done that is anti-competive?

  120. Fiasco? by Anonymous Coward · · Score: 0
    What fisaco?

    Like liberating Afghanistan and Iraq?

  121. More Information for your reading (dis)pleasure by IanDanforth · · Score: 3, Interesting
    The State Senator who authored this Bill is Liz Figueroa (D). While she has long be a defender of privacy, she isn't really up on her facts as you can decern for yourself. A summary of her bill, you can find here:

    http://democrats.sen.ca.gov/senator/figueroa/

    (Type "gmail" into the search box")

    She also has a convenient Feeback option which you can use to educate her, or share your thoughts.

    Luckily amendments to the bill bring it into line with what Google was going to do anyway.

    -Ian Danforth

  122. money by Casca · · Score: 1

    I have a hunch this has more to do with money than anything. How much do you want to bet that someone from Microsoft paid a visit to Democratic state Sen. Liz Figueroa's office recently? Its hard to imagine that Figueroa just came up with this on her own out of the goodness of her own heart...

    --
    Casca
  123. The text of the actual bill by z4ce · · Score: 4, Informative

    Here is the text from the actual bill SB 1801:

    BILL NUMBER: SB 1822 AMENDED
    BILL TEXT

    AMENDED IN SENATE APRIL 20, 2004

    INTRODUCED BY Senator Figueroa

    FEBRUARY 20, 2004

    An act to add Section 1798.87 to Title
    1.81.15 (commencing with Section 1798.88) to Part 4 of Division 3 of
    the Civil Code, relating to privacy.

    LEGISLATIVE COUNSEL'S DIGEST

    SB 1822, as amended, Figueroa. Privacy: social security
    numbers: sales online communications .
    Existing law protects the privacy of personal information,
    including customer records and social security numbers. Existing law
    prohibits a person or entity located in California from initiating
    or advertising in unsolicited commercial e-mail advertisements, as
    defined, and prohibits a person or entity not located in California
    from initiating or advertising in unsolicited commercial e-mail
    advertisements sent to a California e-mail address.
    This bill would prohibit a provider of e-mail or instant messaging
    services, as defined, that serves California customers, from
    reviewing or evaluating the content of a customer's e-mail or instant
    messages, except as specified. The bill would permit a provider of
    e-mail or instant messaging services to review and evaluate the
    content of a customer's outgoing e-mail or instant messages with the
    customer's consent, and would permit a provider to review and
    evaluate the content of incoming e-mail or instant messages only from
    another subscriber to the same service and only when that subscriber
    has consented to the procedure.
    Existing law prohibits a person or entity, except as specified,
    from publicly posting or displaying an individual's social security
    number, and from printing that social security number on a card
    required for the individual to access products or services.
    This bill would provide that a person or entity that sells a
    social security number is strictly liable to the person to whom the
    social security number applies for any and all damages that directly
    or indirectly result from the sale. The bill would except specified
    transactions from its provisions.
    Vote: majority. Appropriation: no. Fiscal committee: no.
    State-mandated local program: no.

    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. Section 1798.87 is added to the Civil Code, to

    SECTION 1. Title 1.81.15 (commencing with Section 1798.88) is
    added to Part 4 of Division 3 of the Civil Code, to read:

    TITLE 1.81.15 PRIVACY OF ONLINE COMMUNICATIONS

    1798.88. For the purpose of this title:
    (a) "Electronic mail" or "e-mail" means an electronic message that
    is sent to an e-mail address and transmitted between two or more
    telecommunications devices, computers, or electronic devices capable
    of receiving electronic messages, whether or not the message is
    converted to hard copy format after receipt or is viewed upon
    transmission or stored for later retrieval. "Electronic mail" or
    "e-mail" includes electronic messages that are transmitted through a
    local, regional, or global computer network.
    (b) "Instant messaging service" means a service that alerts a
    person when another person is online and allows them to communicate
    with each other in current time in private, online areas.
    (c) "Provider of electronic mail or instant messaging service"
    means any person, including an Internet service provider, that is an
    intermediary in sending or receiving electronic mail or instant
    messages or that provides to users of the electronic mail or instant
    messaging service the ability to send or receive electronic mail or
    instant messages.
    (d) "Spam" means an unsolicited commercial e-mail advertisement

    1. Re:The text of the actual bill by fbg111 · · Score: 1

      THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

      *cough*bullshit*cough*. Should read:

      THE POLIBURO STANDING COMMITTEE OF THE PEOPLE'S REPUBLIC OF CALIFORNIA DO ENACT AS FOLLOWS:

      --
      Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
    2. Re:The text of the actual bill by Tonttoro · · Score: 1

      Welcome to the representative democracy. I don't believe that concensus of the people of California could make any better legislation. I may be wrong though.

      --
      when everyone gives everything, then everyone everything will get
  124. BZZT, most law is TORT LAW (clearly YANAL!) by Ars-Fartsica · · Score: 0, Flamebait
    No, 99% of our laws are to protect people/society from malicious intent.

    NO, 99% of the legal statutes and precedents are TORT LAW. I am not going to debate this with you, ask a lawyer. The tort laws regarding home insulation are probably more voluminous than all of the criminal code.

    1. Re:BZZT, most law is TORT LAW (clearly YANAL!) by drinkypoo · · Score: 1
      You're required to follow certain standards when you install insulation so that if the house catches on fire the insulation doesn't itself represent a serious hazard which would not be present in its absence.

      In other words, it is to prevent people from getting hurt. The fact that they felt they had to build the law up so specifically, of course, is the lawyers' fault. They can make more money if the laws are more complicated.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:BZZT, most law is TORT LAW (clearly YANAL!) by Chibi+Merrow · · Score: 1

      I don't see how your example disproves that law is designed to protect you from external threats and not yourself. If your contractor is negligent in following guidelines set forth by the government and such negligence causes you harm, then you are being harmed by a third party and not yourself. Negligence itself is often looked upon as malicious.
      However, if, as I said before, you decide knowingly to set yourself on fire because you think it's fun, the government should not punish the maker of the lighter fluid you used to accomplish such an act. Nor should it make it a criminal act for you to do such a thing unless it in some way harms others (setting yourself on fire in an crowded elevator, for instance).
      And irregardless of whether laws exist to protect you from yourself, that does NOT make them right! As I said before, read the Constitution. Read the writings of the Founding Fathers (the Federalist Papers are a good starting point), and point out where in those documents they make the claim the government is responsible for protecting you from yourself.
      The belief (that you seem to share) that people should not be responsible for their own actions is what has led to our current state of a tort system gone mad.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    3. Re:BZZT, most law is TORT LAW (clearly YANAL!) by ndpatel · · Score: 1

      times change, dude. while the founding fathers had some good stuff, we don't live in the same society the federalist papers were written about. besides, there was some staunch opposition to the principles of the federalist papers. you should know that.

      when we were a young country, we thought differently. then we grew up and changed a lot. shit happens.

      --
      london is drowning and i live by river
    4. Re:BZZT, most law is TORT LAW (clearly YANAL!) by Kreigaffe · · Score: 1

      Yes we grew up and decided we needed a damned nanny state to make sure that we wear our seatbelts. Even though ME being thrown from my car doesn't hurt anyone else. Even though many states are reforming motorcycle helmet laws, to allow them to choose not to wear a helmet.. taking their safety into their own hands. And somehow when you're 18 you're old enough to join the military and kill people, but not nearly old enough to drink a beer. Because that makes things. Because that makes sense. Because we 'grew up'. We actually have not grown up, but are now a much more childish, less educated, and less inquisitive bunch of people. Most laws passed aren't passed because they're useful, or because people need protected from other people. They're passed because it's a 'good idea', and 'something has to be done'. This is just another example of that.. if Google's going to have a huge direct-marketing database, it's going to be because people have chosen to be a part of it. I don't need that much email storage. If I got that much email I'd kill whoever was sending it -- I don't want to spend 6 goddamn hours reading a gigabyte of text. If you get that much mail, I'm sure it's better than using 9 email addys, if you don't mind the data collection.. bleh i hate the goddamned government telling me what I can and cannot do to myself. they need to go straight to hell before they pass legislation prohibiting anyone from going to hell of their own free will. because that make sense. California, New Jersey/Delaware/New York.. I'd say.. are the biggest offenders of such laws.. Any coincidence, they all kinda suck hard? ;p

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    5. Re:BZZT, most law is TORT LAW (clearly YANAL!) by ndpatel · · Score: 1

      um, you not wearing your seatbelt hurts all kind of people.

      let's say you die right off. someone has to pay for your dead, selfish ass to be buried, or cremated. then they have to figure out what to do with your assets. it's easier if you have a will, but it still takes time and money. oh, let's not forget the fact that your mangled car has to be moved and cubed.

      feeling more optimistic? let's say you just get maimed. so now a squad of paramedics has to try and keep your stupid ass alive while they drive to the hospital, and then shit. do i have explain how bieng in the hospital could conceivably cost others time and money? i don't care if you're loaded and can pay the bills, the fact that a doctor is occupied with you means that he's not occupied with someone else. it's a cost, plain and simple.

      but it's a cost that can be alleviated by making you wear a seatbelt. so we balance the incovenience of wearing a seatbelt against the potential costs of not, and it turns out that it's easier to just make you wear the fuckers.

      as for drinking, i agree with you entirely. :)

      --
      london is drowning and i live by river
    6. Re:BZZT, most law is TORT LAW (clearly YANAL!) by NichG · · Score: 1

      Just make him pay for it out of his assets or with his insurance, or refuse to admit him to the hospital. You can bet that soon insurance providers will be having car companies put detectors to see if seatbelts are used, and if not, your rates skyrocket.

    7. Re:BZZT, most law is TORT LAW (clearly YANAL!) by ndpatel · · Score: 1

      or refuse to admit him to the hospital.

      so your theory is that if someone gets into a car accident and isn't wearing their seatbelt, they shouldn't get medical care.

      just a quick question: that's supposed to be even remotely ethical?

      --
      london is drowning and i live by river
    8. Re:BZZT, most law is TORT LAW (clearly YANAL!) by Kreigaffe · · Score: 1

      Ok you have no idea obvious what sort of context I was using. Motorcylce helmet laws are being repealed left and right, because if you're on a cycle and wreck, and aren't wearing a helmet, you're the one in for a bad landing. You won't cause anyone else to be injured. At the same time seatbelt laws are becoming more strict, because if you're in a car and wreck.. OH WAIT. If you're in a car and wreck without a seatbelt, you're still the one that's fucked. The other guy won't get injured more or less, it's all you. By your logic we should outlaw alcohol, cigarettes, caffeine, fatty and sugary foods, and probably even kitchen knives. That's not the sort of thing that we should be encouraging. Do what you want, just don't demand or expect help if you fuck your own self over. That's the American Way.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
  125. You can't do that now by jpsowin · · Score: 1

    when I SEND someone e-mail I don't want someone else to read it.

    Then don't send it through normal email--it goes through quite a few different servers and most of them probably filter spam. That means they *gasp* read the content of your email. People don't (just like Google staff doesn't) but the computers do. It's the same thing.

  126. The Senator's webpage about the bill by four · · Score: 1

    link

    Doctors use e-mail to respond to medical inquiries from their patients. Lawyers use it to communicate confidential strategy to clients. Businesses use it to discuss trade secrets and confidential product development. Troops far away from home use it to communicate their hopes and fears to loved ones. E-businesses use e-mail to deliver confidential usernames, passwords and financial interaction information.

    For e-commerce to grow, and for California's high-tech economy to grow with it, consumers need to be confident that their Internet-based shopping and communication is private and secure.

    Yet, Internet giant Google has recently placed all of this at risk.
    [...]

    --
    -- four
  127. Link to the detailed reasoning by HDlife · · Score: 5, Insightful
    OK, I was pissed too...so I sought out the source. Here is Senator Figueroa's argument

    Read more than the intro paragraph (it is BS), the detailed analysis is quite interesting. The big argument is that even though the Gmail account holder agreed to have their email profiled, the other party(ies) did not.

    " Google could in just a few years be sitting on the richest direct marketing database in the world. It is impossible to imagine, outside of the world of science fiction, a more intimate source of direct marketing information.

    "[...]With respect to Google's current expressions of good intent, what history teaches is, if there is personal information available, someone will want to use it for marketing. "

    Now one has to think! If MS tried this, we would cry foul. But Google is one of the good guys...but guess what, they are going public! In a few years, they might be owned by Bill Gates, The Home Shopping Network, or the Direct Marketing Association.

    1. Re:Link to the detailed reasoning by Anonymous Coward · · Score: 3, Insightful

      Yeah I'd like to see Google profile my GPG-protected mail. Hello, sheeple, email is not confidential! Never has been. Don't email what you wouldn't be happy to send on a postcard.

    2. Re:Link to the detailed reasoning by nwbvt · · Score: 3, Insightful
      "The big argument is that even though the Gmail account holder agreed to have their email profiled, the other party(ies) did not."

      Sure they did. They consented to let me use it when they emailed it to me, and I consented to let Google scan it for keywords (which is a tad bit different from 'profiling', she obviously has no understanding of the technology) so they could determine which ads to give me (as opposed to trying to sell me generic ads than I will never click on).

      "'[...]With respect to Google's current expressions of good intent, what history teaches is, if there is personal information available, someone will want to use it for marketing. '"

      Yeah, that is exactly the point. So what? Marketing is not in itself evil, it provides us with many free services.

      "If MS tried this, we would cry foul. "

      Some people would cry foul if Microsoft gave money to starving children. I can hear it now, "M$ is trying to indoctrinate their evil monopoly on poor little children! We must stop them!" But that really has nothing to do with this debate. There is nothing wrong with this technology as Google plans on using it.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    3. Re:Link to the detailed reasoning by justins · · Score: 1
      If MS tried this, we would cry foul.

      Or, if "we" were clever, "we" just wouldn't use their service.
      --
      Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
    4. Re:Link to the detailed reasoning by sootman · · Score: 1

      "In a few years, they might be owned by Bill Gates, The Home Shopping Network, or the Direct Marketing Association."

      At which point, I will quit using their FREE SERVICE and use one of a THOUSAND other companies to handle my email. In the meantime, can I please take advantage of the excellent service this company with a FABULOUS track record is offering me? Thank you.

      Anyone or anything CAN be bad. But if you're gonna worry about it, you might as well never leave the house. Hey--you better not have any kids, they MIGHT grow up to be axe murderers. Or worse, telemarketers.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    5. Re:Link to the detailed reasoning by Anonymous Coward · · Score: 0

      richest direct marketing database in the world

      Doesn't Experion, Equifax and Trans-Union already have this with government approval?

    6. Re:Link to the detailed reasoning by triclipse · · Score: 1
      Doesn't Experion, Equifax and Trans-Union already have this [richest direct marketing database in the world] with government approval?

      Yes, and government regulation at the state and federal level. And lots of it.

      --
      No Inflation Taxation without Representation
  128. Doesn't buy any more privacy or security. by neutralstone · · Score: 1

    Seriously.

    Without encryption, everything we send via email is essentially world-readable anyway.

    To suggest that the passing of this legislation will help to keep GMail's user's communications private is like saying that invading Iraq helped the U.S. government in its fight against terrorism.

    If they /really/ wanted to help the common man keep his emails from prying eyes, they'd start a program to fund OSS development to help make OpenPGP software more easily accessible and usable.

    But that's not something California should be dumping resources into right now anyway.

  129. Anti-technology California Legislature by sybert · · Score: 1
    The California Legislature, Silicon Valley reps especially, has it out for Silicon Valley. In the 2001-2002 session, Silicon Valley democrats unanimously supported the 10 most anti-technology bills.

    Now they are trying to ban cell phones in cars, starting with children. They have already passed legislation to make your computer more expensive by adding a fee for your monitor or LCD screen. They have banned the use of notebook computers and other technology in the front seat. They are charging and enforcing a huge use tax on all internet purchases. And this is just a start.

    Now Figueroa (D-Fremont) and the Senate are targeting Google personally with SB 1822. All of Silicon Valley voted for this bill except for one abstain, Sher (D-Stanford).

    Those in Silicon Valley are going to either buy back they Democrats from the Unions (and they have tons of money to fight back) or vote for Republicans.

    1. Re:Anti-technology California Legislature by silentbozo · · Score: 2, Insightful

      Those in Silicon Valley are going to either buy back they Democrats from the Unions (and they have tons of money to fight back) or vote for Republicans.

      It's more likely that they will move out of state, to more tech-friendly areas that tax less, and have cheaper cost-of-living. A lot of talent is still concentrated in California, but it's mainly momentum - we're benefiting from earlier investments in technology and education, and all of our research universities.

      They are charging and enforcing a huge use tax on all internet purchases.

      Of course, how else are they going to save face and keep their bloated pork-barrel programs/bureaucracies in place? The alternative is to scrap them, and they're not ready to admit that they're spending more than Californians can afford to pay. Between the chain that starts at the local level, percolating all of your tax dollars up to the top, then back right down, there's a lot of friction - many departments take their cut up and down the line. To fund that many mouths requires a LOT of money, money that comes from you and me. And this is just state and local taxes - federal taxes (including FICA, Medicare, and SDI) are another story!

      Mind you, I appreciate it when my tax money goes to fund important things, like health and safety (ie, disease control, mosquito abatement, proper street signage, maintaining sewers and storm runoff channels). It's all of the crap that I don't want, like having to spend money on enforcement of stupid laws, for example, asset taxes, processing and court/jury time for frivolous lawsuits (enabled by stupid laws), the endless committies that publish multiple binders that must be distributed, printed, revised, and updated - that nobody ever reads, politicians getting paid to grandstand (ie, passing stupid laws in a very public manner) in order to get reelected, and the DMV with their multi-million dollar, decade-long computer upgrade, that still doesn't work.

      Politicians should be penalized for stuff they promised, they either doesn't work, or that they didn't deliver. In the same way employees get performance reviews that IMPACT THEIR PAY, we, the residents of the state, should be allowed to do reviews of our elected officials, which determine how they're paid. Too bad that this will never happen, and that the "servants of the people" will continue authorizing pay raises for themselves in order to "attract top talent", to DO NOTHING.

      Sorry, having to pay more than half my paycheck in taxes during the year (property taxes, asset taxes, sales taxes, employment taxes, retirement taxes, phone taxes, city taxes on utilities, use taxes) just because I'm working tends to make me a bit bitter. As the rules are set up, I'd be happier, healthier, and making almost as much money (after taxes) if I did half the work I did now and took a pay cut. Not a great incentive to try and be successful...

  130. Be sure to vote against Liz Figueroa by drinkypoo · · Score: 1

    Is there a way to get a list of everyone who voted in favor of this bill? So I can save it and treasure it until election day, and do my part to get rid of these assholes?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  131. Little overkill versus MSN by Anonymous Coward · · Score: 0

    If the past is any indication, if MSN offered the same service, government would look the other way.

  132. I for one by future+assassin · · Score: 1

    welcome out Google overlords. Make me search oh great google masters.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  133. Repeat after me... by neutralstone · · Score: 2, Insightful

    1) Unless you encrypt them, your emails are not private. No encryption == no privacy. It's that simple. The ignorance of the masses regarding this fact does not make it any less true.

    2) The internet is far more transparent (and is far more scannable by the common man) than the phone system. See (1).

    3) Laws like this have a way of coming back to bite us in the ass. Suppose you want your emails scanned and routinely data-mined, for example. In such a case, there is no victim, so what good is the law?

    I'm ok with laws that say that companies must make their privacy policies publicly readable, but laws that /dictate/ those policies will have ill effect sooner or later.

    1. Re:Repeat after me... by dafunn · · Score: 1

      In regards to points 1 and 2...

      IANAL
      but I do seem to recall a decision or general consensus reached by the American Bar Association a few years ago that email was considered equivalent to telephone conversations for privacy considerations. To be more precise, email has the same expectation of not being read or intercepted as would a normal telephone conversation.

      Now, having said that, I realize a couple of caveats are present:

      1) The American Bar Association is not a part of the judicial branch and, as such, any decision on their part would not necessarily be considered as legally binding
      2) The technology to intercept either (email or phone conversation) is readily available (I am not making a statement about which is easier, because, quite honestly, it doesn't matter). However, the understood expectation is that a telephone conversation (and, equivalently, email) is considered a private conversation and would only be intercepted under extraordinary circumstances.

      I'm too lazy to spend more than 30 seconds looking for a cite to backup my claim. If some enterprising reader wants to follow up, I'd be curious to re-read the article. Otherwise, I may come back later and look it up personally.

      Anyway, I agree with the spirit of the parent post - this is a short-sighted decision, in my opinion, by the legislature. Here's to hoping it will die a quick and dishonorable death. *clang*

    2. Re:Repeat after me... by YouHaveSnail · · Score: 1

      1) Unless you encrypt them, your emails are not private. No encryption == no privacy. It's that simple. The ignorance of the masses regarding this fact does not make it any less true.

      When you go out in public, you're out there for all to see and hear. Yet Slashdotters routinely rail against facial recognition software used in airports, stadia, and other public places for security, and they fear and disdain use of such software with data mining systems such as the thankfully defunct TIA. Furthermore, although we know we might be photographed or otherwise recorded when we appear in public, we also require that those recordings must not be used for most commercial purposes unless we sign a release.

      So like I said, there's a gray area between total privacy and a complete openness.

      ) Laws like this have a way of coming back to bite us in the ass. Suppose you want your emails scanned and routinely data-mined, for example. In such a case, there is no victim, so what good is the law?

      You should read the bill. And let's be clear here, this is currently a bill and is not yet a law. The bill mostly just prohibits e-mail providers from scanning mail for the purposes of compiling information about you and selling it to third parties. Scanning your mail in order to enable "...address book, calendar, and other user-initiated
      functions..." is okay, as is scanning your e-mail to filter out spam and viruses. As I read the bill, building an index of messages is probably okay, so long as they don't give or sell the index info to third parties.

      Basically, the bill seems pretty reasonable and wouldn't seem to interfere with a company that's trying to legitimately provide a service to users. It would seem prevent unscrupulous providers from doing (some) unscrupulous things.

      There are even a few amusing tidbits in the bill. For one thing, it talks about preventing employees and other "natural persons" from reading a user's e-mail under most circumstances. I can only assume that computers are therefore "artificial persons," which means that we're making some serious progress toward living in the world of Stanislaw Lem's "The Cyberiad."

  134. AdSense will move to other technologies... by pflodo · · Score: 1

    I like your phone analogy. Because what Gmail is doing is applicable to other media. The real Gmailphone analogy would be a phone service that has a machine that uses speech recognition to "listen" to the conversation and say every 3 minutes interrupts and plays an ad. The conversation is not recorded and is all done in real time. The words picked out are not stored after the call, and it is not recorded who listened to what ad. Where is the privacy issue? Nowhere! You could do a similar thing for voicemail. Now how long before I see the above "obvious" system in a patent? (esepecially one issued after 29th May 2004). But that will be the topic of another post...

    1. Re:AdSense will move to other technologies... by geminidomino · · Score: 1

      Yeesh... I couldn't use that software on the phone with my girlfriend. I'd be getting adbombed from pornsites constantly. :)

  135. biggest concern? by noldrin · · Score: 1

    the internet is currently dealing with tons of scams, spam, spyware, hijackers.. and they are concerned about gmail?? An optional email service by a company. Gmail is one of the far more legit things going on here.

  136. You all think you're soooo smart... by juggy · · Score: 1

    No really, everybody disses this sort of legislative as "dumb" or yells "if you want it to be private, go elsewhere"... Everyone - at least the modded up comments at this point - believes that there will be no problems whatsoever because he is in control, knows what he is doing and so on.

    Legislative like that *is* supposed to protect people from their own stupidity. Google's plan may not look that big a threat to you, but maybe you're overlooking something? Just because this is a field most users of slashdot are experienced in they diss this initiative. Well, did you also say the same about food regulations? Privacy bills? Wat about laws like the PATRIOT act most people get hyped up about? "You shouldn't worry, after all you're no terrorists, right?" would be the same rebuttal...

    Too tired to make more sense. This thing is important, you'll understand it in 5-10 years from now...

  137. Why is there so much AGAINST this law? by hellfire · · Score: 4, Interesting

    To me the jury is still out on Gmail, because I don't trust any company, Google included, to responsibly use my personal information. Let me play devils advocate for just a second.

    1) This bill according to everything I can see only restricts Google to how it can advertise. It can advertise on demand as emails are brought up, but what it can't do is create a massive indexed database with personal information based on emails I send with which to shell out advertisements to me. Why aren't more people scared to death of a database like that? We bitch and moan about governments creating databases like that, and giving up information to advertisers, why aren't we scared of this?

    2) Everyone here is saying "if you don't like it, don't sign up for it." Great, but what happens when Yahoo, MSN, Hotmail, AOL, etc, start doing it themselves? It makes it a lot more serious, especially if all those guys now have databases with personal information. My nice local ISP doesn't have that problem, but consumers are decent people who just don't have time to learn all this computer shit like everyone else, so they use hotmail. Go easy on them.

    3) Does anyone one have a link to this law... PLEASE? People claim to have "read" this law but I'm too damn lazy to go searching for it when I've never even bothered to go to the California website to check it out. If there's no link here how are people making real comments on it... flamers usually don't usually read this stuff anyway so pardon me if I don't trust the Slashdot crowd ;) All I can go by is this article, for now.

    4) This isn't restricting if Gmail can advertise, just how and what it does with personal information. There are already several laws and practices on the books about personal information. Collecting personal information is a huge boon to any major company because then they can shove ads down your throat, despite what most people truly want. Doing the wrong thing with personal information gets some companies in hot water but a lot of times it creates a huge windfall for that same company.

    --

    "All great wisdom is contained in .signature files"

  138. MOD PARENT UP! Re:Government once again proves... by Plugh · · Score: 1
    It's one thing to bitch about "Them" clueless feds (or in this case, the state of California) screwing with "Us". You can bitch and whine all you like... but guys like Seth here are actuall doing something about the root cause!

  139. U. S. Postal Service to Offer Free Postcards by anthonyh · · Score: 1

    U. S. Postal Service to Offer Free Postcards
    WASHINGTON - The U.S. Postal Service announced today that it would offer a free postcard service. The service known as FreeMail will debut later this summer and provide people with a way to communicate without paying the price of postage.

    "We now have a low-cost alternative to postcard-rate stamps." Stated Postal Service Spokesperson. "When sending a postcard, all you need to do is write a small 'X' where the stamp goes and its free." The service will permit the Postal Service to scan the contents of your postcard message and print targeted text advertisements in the available blank-space. "We promise not to use any annoying images so the advertisements will be in unobtrusive red lettering."

    Privacy advocates raised concerned about the scheme stating that it violated the basic trust of the government to transport the mail. The Postal service addressed these concerns by saying, "A FreeMail postcard is scanned by a computer that analyzes the text and based on the the location of the mailing, the destination, and the subject-matter of the sender's message, the recipient will see a pizza delivery number or coupon code for a local dry-cleaner. its really a great way to promote local business." The spokesperson also indicated that the postcards would be rarely analyzed by a human and the text of the messages would only be kept for "a short while" to identify message trends and to fine-tune the system. "You can always pay your 23 cents and send it by regular mail."

    "We expect airlines to be some of our first advertisers, displaying flight deals to some of the exotic locations that the postcards are mailed from. Of course, if the postcard says 'This place is terrible,' then you may see an ad for a car dealer instead." The Postal Service stated that FreeMail would only be available for hand-written postcards. "We don't want a pizza delivery ad printed on a postcard from a realtor. That would be tacky."

    The Postal Service Spokesperson concluded by saying, "We just hope we don't get Slashdotted with mail."

  140. The ads will be an endless source of hilarity by Atario · · Score: 2, Funny
    Just picture it.

    Email body:
    I have sad news--your mother just choked to death on a ham bone. My condolences on this time of terrible tragedy.
    Google ad:
    Hickory Farms Hams
    Try our super premium HoneyGold Ham
    or one of our other delicious hams!
    www.hickoryfarms.com
    --
    "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
  141. Contact info for the good Senator ;-) by NMR+Dude · · Score: 3, Informative

    State Sen. Liz Figueroa:

    Capital Office:
    (916) 445-6671
    Fax (916) 327-2433

    District Office:
    (510) 413-5960
    Fax (510) 413-5965

    E-mail: Senator.Figueroa@sen.ca.gov

  142. I'll speak slowly for you this time by Anonymous Coward · · Score: 0
    The "invasion of privacy" involved in Gmail

    You have conveniently omitted the qualifier "potential for" in my statement "potential for invasion of privacy" and thereby changed its meaning to suit your assertion.

    is no more or less an invasion than that of regular Google searches.

    Utterly ridiculous - searches do not generally include names, phone numbers and personal information. The potential for abuse is what is causing the storm, not the stated intent.

  143. NEITHER ARE LEGISLATORS! by BobPaul · · Score: 1

    DMCA... Gulf War...

    Legislators don't have all of the facts before they pass laws. Nobody does. They do the best the can, but they certainly don't protect me any better than I do. That's why it's your responsibility to protect yourself.

    In any event, I should have to the right to enter into a contract with a cleaning supply maker even if I know that use of that cleaning product will cause deformities in my children. Perhaps shiny chrome is more important than kids. I'll get a visectomy and clean my car, thank you very much!

    Oh, and I'll use GMail, too.

    --
    Remove the Kiddie Gloves!

  144. Targeted advertising isnt bad! by imidazole2 · · Score: 1

    I'd rather semi relevant ads be displayed on the top of my email messages than irrelevant and useless ads! For God's sake, hows is this a bad thing? Nobody outlaws spam-killing software - that scans your emails as well!

    --

    -Imidazole2
  145. Re:Initial thoutghts. - OT I know by nwbvt · · Score: 1
    Nope. My state (perhaps the same one) also has that law and it is still on the books (though the sodomy laws are now gone). I guess because gays can have sex in the missionary position (though I don't particularly want to visualize how...).

    Of course these laws are never enforced, so no one really cares about (and if they were repealed, we would have nothing to laugh about).

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  146. they're doing a pre-emptive strike??? by Anonymous Coward · · Score: 0

    NO BLOOD FOR EMAIL!!!

  147. Okay, I am angry. by LordK3nn3th · · Score: 1

    This is really pissing me off. This is simply unacceptable. Google is really a good company, with their "do-no-evil" policy and nonintrusive method of making $$$.

    YOU, the user, ACCEPT THE AGREEMENTS when you sign up. That should be between YOU and GOOGLE, not Mr. Politician's job.

    Sure, there are ridiculous EULA but targetting Google like this is ridiculous.

    --

    ---
    Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
  148. No CA by attobyte · · Score: 1

    Well I guess CA will not be able to use it then. Just have a disclaimer that says that CA can't use this service. Then we will se if them dumb ass people will keep passing dumb ass laws.

    --
    I didn't use the preview button, so get over it!!!!

    Mike

  149. When Gmail is outlawed, only... by rolofft · · Score: 1

    If you're in such a small minority that no one provides a service catering to your special whims, then no, you shouldn't be able to choose what kind of service you want. If no email service to your liking exists, I would hope your first inclination would be to pull up your boot straps and start coding, not to head to Sacramento as a lobbyist.

    Gmail regulation will probably be as good for consumers as California's regulation of African hair braiders, Tennessee's regulation of discount coffin sellers, New Orlean's regulation of curbside book vendors, or Louisiana's regulation of flower arrangers. Behind the scenes, so many times, regulation like this (to ostensibly protect consumers) is actually rent seeking: politically-connected private businesses using government to coerce a state-protected cartel for themselves.

    The justification for the law sounds nice: we want to protect email users from this new, nasty, privacy-invading Gmail. But I haven't heard a peep of complaint about Gmail from users, only from Google's competition . If Open Government Information Awareness weren't down right now, I'd look up Senator Figueroa's contributors. I smell a rat.

    --

    "Give a man a fish and he will ask for tartar sauce and French fries!"

  150. Welcome to The Twilight Zone by Little+Brother · · Score: 3, Funny
    OK, I logged into slashdot, see something about a government branch trying to restrict what a company can do with people's personal data. More specificly trying to restrict how adds can be displayed.

    And the /. crowd is up in arms AGAINST the legislation? Somebody tell me what they put in my water supply.

    --

    Little Brother, watching the watchers

    1. Re:Welcome to The Twilight Zone by HolyCoitus · · Score: 2, Insightful

      The tin foil hat doesn't defense against things that already were allowed into the geek conscious. Google needs to be kicked out of the geek mind as a good thing before the tin foil will be put up betweeen us and them. Personally, I'm hoping that day never comes.

      Google == Trusted Friend.
      Government == Get more foil.

      --
      That's scary.
  151. Time limits in Iceland by Beryllium+Sphere(tm) · · Score: 1

    A thousand years ago, someone would stand up and recite the law at the big council meeting. If he left anything out, and nobody cared enough to object, then that law was repealed.

  152. Your search did not match any documents. by br0d · · Score: 1
    Your search - don't bother profiling me because i am not suceptible to suggestion or marketing - did not match any documents.

    Suggestions:

    - Make sure all words are spelled correctly.

    - Try different keywords.

    - Try more general keywords.

    - Try fewer keywords.

  153. Something that would be funny... by Jugalator · · Score: 1

    If Google stopped providing their services to ISP's in California. I wonder how they'd react then. They'd have all rights to do so at least, IMHO..

    --
    Beware: In C++, your friends can see your privates!
  154. I'm shocked by pantycrickets · · Score: 1

    I don't really fully know what to make of the proposals themselves.. but it is extremely interesting how law & technology are catching up finally. For better or for worse, the fact that laws are being proposed for a service that isn't even fully functional yet is very interesting.

  155. As I keep suggesting with france: by Anonymous Coward · · Score: 0

    Just don't let californians use Gmail until they quit passign stupid legislation that will harm the product for all of us.

  156. Where were they... by seven5 · · Score: 1

    oh ok.. hmm.. so Carnivore and Echelon are ok... but when Google does it law makers are all of a sudden concerned about privacy?

    Go f... yourself...its a volunteer service. The rest of the email online is not.

    Besides, who parses my email first? Google or Carnivore? maybe Google isn't playing nice and thats whats going on.

  157. Re:THEN EMAIL YOUR FRIEND'S OTHER ADDRESS by Anonymous Coward · · Score: 0

    The issue is about choice. No one is forcing you to email your recipient at their gmail account.

    So what if they only have a gmail account? Tell them they have to open another account to get your email.

    Not worth it to them to open another / check another account? Then its *your choice* if you are willing to get your email read by a computer as much as it is the *other person's choice* if they are willing not to open account because they think someone who won't email @gmail.com is over the top.

    Its all about choice - tradeoffs of cost versus benefits.

    Forcing government regulation is incredibly stupid because no one is forcing anyone to open a gmail account and no one is forcing you to email a gmail account. If you choose not to email a gmail account, others have to pay the cost of not getting your email to get the benefit of using gmail. Its their choice if they choose gmail over getting your email.

  158. Like we don't have more pressing issues by iwrigley · · Score: 2, Insightful

    I live in California. I'm glad our legislators have decided to spend their time working on a bill which affects something I can *choose* whether to use or not (it's not like Google's got a monopoly on free e-mail services), rather than... oh, say, sorting out the State's budget defecit, dreadful school systems, lack of decent health care, the flight of businesses because of exhorbitant taxes and workers' comp requirements, etc etc etc.

    On the other hand, working on those problems wouldn't have resulted in nearly as many soundbites and TV appearances, so I quite understand the reluctance to tackle them...

  159. People's Republic of California strikes again... by fbg111 · · Score: 1

    We really need to get these legislators into some re-education camps where they can be indoctrinated with Hayak's theories of self-organizing open systems. This is a perfect example of such a system, and needs no government interference. The market will decide for itself whether Google's new service is worth the cost (email scanning for adwords) or not, as people experience first hand the tradeoffs involved in Google's novel scheme. All the legislature need concern itself with is whether Google is being completely forthcoming and transparent about the details of their service or not, which it appears they are doing of their own accord. Hands off, you commies-without-a-cause!

    --
    Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
  160. It's just a shakedown for political contributions. by GlenRaphael · · Score: 1
    Senator Figueroa probably noticed that Google is about to have a huge pile of money and hadn't planned on giving any of it to the local politicians, by which I mean her and her friends.

    Legislators generally propose regulating an industry primarily in order to get that industry to cough up campaign contributions. Of course this bill does nothing to protect consumers -- that's not its real goal! The real goal is simply to make sure that a big chunk of the $2.7 billion raised in the IPO goes to politicians.

    Once Google gets the message and hires a few political consultants to start spreading green around, the problem will go away. It's like the Microsoft antitrust trial, but on a slightly smaller scale.

    --
    I play Nerd-Folk!
  161. Mail by chamblah · · Score: 2, Interesting
    If you are sending e-mail, assume it is read by a dozen people between you and the recipient.

    All email that I send, unless it's encrypted, I treat the same as if I was sending a postcard and assume everyone between me and the recipient can & will read the contents.

  162. I'll bet it was passed to save political image.... by Fazlazen · · Score: 1
    I'm willing to bet that part of the reason that this passed is that no politician in their right mind would vote against a bill like this.

    Can you imagine the campaign ads that could be used against them in the future? "Robert Lawmaker voted against a law protecting the privacy of consumers from evil private corporations. Do you want this man to be your President? Paid for by the Running Against Robert Lawmaker campaign."

  163. This story ripped from the pages of Atlas Shrugged by jmuzic1 · · Score: 1

    Is it just me or does this sound like it was ripped from the pages of a book written decades ago? I wonder two things: 1) Which company (Yahoo, Microsoft, etc) got this bill passed? 2) How much were the congresspeople paid? Who gave the government the power to stifle innovation? Oh yeah, we did. Who never objected when they did so? That was us too. Are we so envious to fight corporations who have earned their position in exchange for mediocrity?

  164. What if I want them to search my mail in advance? by naoiseo · · Score: 1

    I dunno, set up filters?

  165. Dammit! by edunbar93 · · Score: 1

    Why weren't they this conscientious and forward thinking when spam wasn't a problem yet?

    Oh. Heh. Yeah. It's because the little guy was the victim there.

    --
    "No problem. I have the capacity to do infinite work so long as you don't mind that my quality approaches zero."-Dilbert
  166. Send it earlier... by NewToNix · · Score: 1

    "What if I want them to search my mail in advance?"

    Send it earlier... twice.

    I'm posting this for tomorrow... so if you mod it Funny today everybody can laugh in advance...

  167. Passing laws against products that dont exist by Danathar · · Score: 2, Insightful

    It's hilarious watching people pee their pants about a product that MAY NEVER SEE THE LIGHT OF DAY. Did'nt the founders of google say that gmail is being TESTED. It just does not occur to people that they may not ever deploy it in production....for reasons completely different than all the hair pulling that people are doing.

    If we are going to start passing laws against "possible products" why don't we go into the research labs of Microsoft or Orcale or Sun or RedHat or whomever....write down all the things we object to and then pass laws to restrict their development. THEN we'll all be safe and secure! Riiiight

    Wait until it comes out...then bitch and moan, but to do so while it's in development is goofy. Ideas (even bad ones) are routinely batted around inside places like google and other companies. Just because you see them in alpha or beta does not MEAN you are going to see them in the final.

  168. Re:If you're worried about privacy...use Hotmail?! by jrockway · · Score: 1

    > Advocating Hotmail for privacy?

    Nope, I'm not advocating. I'm just pointing out that gmail isn't the only online mail service. Hell, it doesn't even exist yet!

    --
    My other car is first.
  169. The point is you don't pay for it. by TapeCutter · · Score: 1

    If you are that parinoid then you must already be encrypting your e-mail to keep out the vouyers. To repeat what others have said "free" email has all the privacy of a postcard. By sending a mail to your friend @google you are using Google's "free" service. Why should Google pay to pass your message on to a friend, where is your 50c e-mail stamp? You see when you regulate away the sponsors it will no longer be "free". I'm just glad that the rest of the world dosen't revolve around Califonian law.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  170. Contracts must be reasonable by PsiPsiStar · · Score: 1

    What if one of those small print lines in the user agreement said "I'll give half my salary to x company, in exchange for clicking through this link." There are limits to what can legally be enforced for good reason, and contracts have an implied notion of reasonability. You can't use fine print to rope people into horrid situations, nor should you be able to. A contract is an exchange, never a one sided surrender. And some rights are, and should be, inaliable.

    The 'usually say the same thing' in contracts is called boilerplate, and it's a result of the current legal situation which demands a fair exchange for the contract to be enforcable. By standardizing contracts, you eliminate the waste of time associated with having to read 20 pages of text every time you need to sign somthing.
    Enforcing miniscule text changes in boilerplate might be appealing theoretically, but it'd be hell in the real world and make entering into agreements the mental equivalent of writing a graduate level thesis. This isn't reasonable or efficient.

    True, ignorance of the law is not an adequate defense. But the presumption (true or not) is that the law is a fair contract between citizen and state, an equitable covenant between two parties. If that presumption of fairness doesn't apply to a contract, then those contracts shouldn't be binding. (The only possible exception is if it is made very clear that the signer gives informed consent to the unfair contract.)

    Too many corporations abuse contracts quite severely, and it's only the fact that some clauses aren't binding that saves people from being raked through a living hell. For instance; you can't forefit your ability to earn a living using your job skills, when you sign a non-compete clause.

    I agree, in the case of google, that users may be able to give informed consent and the gov's actions may be off base.

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  171. search my mail in advance? by yanos · · Score: 1


    What if I want them to search my mail in advance?

    1. define your search criteria and save them.
    2. check the "apply search on log in" option.

  172. Think about it a bit... by Deeper+Thought · · Score: 1
    Think about it a bit more...

    If 10 of my friends all have GMail, and I e-mail them, Google is now caching MY messages on their servers forever!

    Without this law, Google is not required to ever delete my e-mails, even after I mark them for deletion -- or cancel my account.

    I love google, and their 100,000 servers, but I love some privacy too. You say "don't sign up" -- but what if all my friends sign up? Now everything I write is cached on Google forever, almost like a newsgroup!

    1. Re:Think about it a bit... by Anonymous Coward · · Score: 0

      Bull. This can happen ANYWAY. You want your privacy? Encrypt your e-mail or freaking pick up the phone.

      People have this silly idea that they have a right to be anounymous on the internet. Such crap.

  173. No more spam scanning for ya'll then? by Anonymous Coward · · Score: 0

    Guess we should give up scanning for spam and viruses, and put in a complaint to hotmail for scanning it multiple times.

    Hell, i trust google a lot more with my private data than i would hotmail or Yahoo.

    Don't like the idea? Don't use em! Just do not destroy it for those (me) that do like it.

  174. Liberals are the problem, not gmail by Anonymous Coward · · Score: 0

    THE PROBLEM IS people who think they have a right to free email with zero strings attached. This is a business model. Don't like what Google is doing? DON'T SIGN UP YOU FREAKING MORONS. No one is MAKING people use gmail. The thought that some stupid tree-huggers in california (god please fall off into the ocean) are using this to try to make a social statement is infuriating. The idea of making this illegal is so awesomely STUPID and a waste of tax payers money (or, that is to say, normal usage of tax payers money) At some point, people are responsible for their actions (something we've long forgot here in the good ol' USA) This is STRICTLY about choice - any other statement made is simply trying to cloud the subject with some other political/personal agenda. If you want to get angry about something you're being forced to do, jesus christ sound off about the silly state of the tax code (where we are practically required to pay someone to figure out how much we should pay the government) Better yet..go climb a tree and leave the rest of us alone.

    Damn tree hugging hippies...

  175. copyright problems? by feepcreature · · Score: 1
    If you email-me, I have the right to publish your email on my web site, period.
    Actually, you don't. The author of a letter still owns the copyright. You cam publish it decades after the writer dies, I suppose, but by then you'll probably be dead too!

    Maybe things are different in the US though... Or maybe, if it was BASE-64 encoded or something, you'd also have DMCA problems to deal with :-)

    --
    Paul "Say no to feeping creaturism"
    1. Re:copyright problems? by Anonymous Coward · · Score: 0
      Actually, you don't. The author of a letter still owns the copyright. You cam publish it decades after the writer dies, I suppose, but by then you'll probably be dead too!

      See my previous response to a similar comment

      http://slashdot.org/comments.pl?sid=109245&cid=928 4141

  176. hmmm.... by blrr · · Score: 1

    "The final decision on whether it becomes law falls to California Governor Arnold Schwarzenegger who can approve it or decide to terminate it."

  177. True but... by paragon_au · · Score: 1

    While it is true that you have copyright and thus the only person cannot republish your content.
    This in no way applies to Gmail, Google is simply 'reading' your e-mail.
    You cannot publish a book, copyright it and then say "The only people who are allowed to read this book are those who agree with me". Anyone can read the book, and do what they like with it (including get your name & address then send you junk mail).

  178. Oh no, the scary chemicals are out to get us! by Julian+Morrison · · Score: 1

    Seriously, how do you think the species managed to survive, nay, thrive, when up until quite recently, there was no government which regulated much of anything beyond weights-and-measures?

    Obvious answer: most people are actually quite smart, and when they know they aren't, they go hire someone who is.

    You should learn to treat adults as adults, leave children to parents, and let Darwin take care of the rest.

  179. OT: my sig Re:Only here, apparently. by Marxist+Hacker+42 · · Score: 1

    I'm actually paraphrasing him from a different version of HHGTTG that fell out of a parallel universe. :-)

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  180. Re:OT: my sig Re:Only here, apparently. by Thing+1 · · Score: 1
    LOL cool. Nice to see you updated it too. ;-)

    I just re-read the 5 books (plus Young Zaphod Plays it Safe) twice in the past couple months. I love the train ride. ;-)

    --
    I feel fantastic, and I'm still alive.