Blog

Who owns your email?


Tags :


The New York Times ran an editorial and it was picked up by numerous papers around the world even (here is eTaiwanNews).  It brings up a great point.  While there are laws on wiretapping communications, there are also laws for ownership of data at the provider level and corporate level.

  • Provider Level - If your ISP spools mail on their servers, according on how the law was interpreted, they could maintain copies of your mail without any legal ramification if your current agreement does not state otherwise.
    The decision, on a 2-1 vote by a panel of the U.S.Court of Appeals for the 1st Circuit in Massachusetts, sets up a frightening precedent
     So this deals with the mail in storage, not transit.  While they cannot grab mail as it runs across their system legally, they can maintain copies (this would be backups and other images) of the mail that resides on the server for any amount of time.  Sure you say, we are covered, but do you really understand your agreement with your provider?
  • Corporate Level - Most companies I deal with in current times have some sort of Internet Usage Policy, or at least a best use program on the corporate email system. This includes content requirements and personal use standards.  The company reserves the right to store, filter and basically look for content violations.  We all know they back it up and store it somewhere.  Those of you under new requirements may have backups around for years now.
So what are your thoughts or level or comfort knowing that your mail could be stored for future use by an ISP or don't remember all the time that there are tapes and copies running around everywhere in corporate storage.  I know the first answer, "I use such and such provider on the Internet for free".  A very valid dispute, but the fine print on many of these deal with such issues also and to protect themselves.  I went searching for Hotmail but it was late and I didn't see it right away to use as an example but Yahoo! spells it all out here.  I pulled one tiny piece out, while this page is quite long
You acknowledge, consent and agree that Yahoo! may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief