Is The Contact Info You Provide Someone Public Or Private Info?

from the interesting-legal-questions dept

I've complained in the past about the annoyance of Plaxo spam. Lately, the more I've been thinking about Plaxo, the more it annoys me. Though I've never had anything to do with the company, and have never responded to a single spam, they now have a database with my contact info that others gave it. Bambi Francisco over at CBS Marketwatch has noticed the same thing with Spoke Software, which she finds disconcerting. However, I'm wondering about the bigger legal issues: is the personal info you've given to individuals for business or personal reasons shareable? Some say that all Spoke is doing is collecting public information. However, if the info was given to an individual, is there a reasonable expectation that the information is not public at all, but for private use only? I'm not sure what the answer is, but I wonder how long until there's a lawsuit around this issue. Personally, like so many other things, I don't think it's something you can get "back in the box," but these systems do reveal to me who is freely giving away personal information about me, which could make me less willing to do business with them in the future.
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  1. identicon
    Mikester, 10 Feb 2004 @ 3:27pm

    Greeting cards

    What about the company who's 'service' is electronic greeting cards? I'm sure some if not most of these site are nothing more than email harvesters to use or sell for spamming.
    Who hasn't received one of these cards? Can I sue my mother now for giving away my contanct information?

    link to this | view in thread ]

  2. identicon
    Trudy W. Schuett, 10 Feb 2004 @ 3:35pm

    Plaxo spam

    The other day I posted a request for information on an e-mail discussion group where I've belonged for several years, and got back dozens of Plaxo things. Most of these people I'd never heard of before.

    So I posted another msg saying that if they'd be so kind as to e-mail me direct and introduce themselves, I'd be happy to give them my phone number and directions to my house. ;>)

    Nobody responded!

    link to this | view in thread ]

  3. identicon
    Beck, 10 Feb 2004 @ 5:13pm

    Free Webmail

    I've always wondered about this with free webmail like Hotmail, especially when someone puts your email address into their address book.

    link to this | view in thread ]

  4. identicon
    Dave Cotovsky, 10 Feb 2004 @ 8:56pm

    Contact Info: Public or Private?

    Well, if you wanted it public, you could put an ad in the newspaper! Let's face it, there are no shortage of whore's out there who would sell their mothers, let alone your contact info. The internet is still evolving, and I hope sooner than later, you could find some objective way of recognizing reliable entities from the unknown quantities. The Internet's survival depends upon the ability to recognize responsible and dependable organizations. I have faith in government entities, Microsoft, Mozilla, and many companies I deal with. Recently I dealt with some online contact lens companies. They charged my credit card within seconds of placing an order they could not fill. It has been over a week now, and my credit card has not shown a credit for my unfilled order. This is but an example of the vast spectrum in credibility which needs a rating system, backed by legal teeth that can bite hard on spammers, frauds, pornographers, and data betrayers. Until the black hole is illuminated, we'd best recall the old "Caveat Emptor" de Internet.

    link to this | view in thread ]

  5. identicon
    Gregory Kennedy, 11 Feb 2004 @ 8:19am

    Re: Contact Info: Public or Private?

    Good point. All of this just reinforces the brand integrity of companies such as Yahoo, Amazon and Ebay. People will naturally gravitate towords brands that they trust.

    link to this | view in thread ]

  6. identicon
    Jim Harper, 11 Feb 2004 @ 9:54am

    Hey Commenters! Why are you posting your names?

    I'm interested to see commenters here posting what look like real names and e-mail addresses. Are you mad at TechDirt now for publishing them? ;-)
    Awareness and personal responsibility should play a role here. More people should be doing more things anonymously if they want to exercise substantial "ownership" of their names and contact info. Social norms are definitely evolving here . . . .

    link to this | view in thread ]

  7. identicon
    Anonymous Coward, 11 Feb 2004 @ 12:40pm

    Re: Hey Commenters! Why are you posting your name


    and thats in direct contradiction to Mikes " Anonymous Coward " when I fail to advertise my name & contact information ...

    link to this | view in thread ]

  8. identicon
    Jim Harper, 11 Feb 2004 @ 8:28pm

    Re: Hey Commenters! Why are you posting your name

    Should be "Righteously Anonymous Person."

    link to this | view in thread ]

  9. identicon
    Rikk Carey, 5 Mar 2004 @ 3:33pm

    plaxo spam?

    "I've complained in the past about the annoyance of Plaxo spam."

    Not meaning to be picky, but while you may not like receiving Plaxo emails, they are not "spam." They are sent by real people that identify themselves, there is no marketing, and there is a one-click opt-out.

    "... Lately, the more I've been thinking about Plaxo, the more it annoys me. Though I've never had anything to do with the company, and have never responded to a single spam, they now have a database with my contact info that others gave it."

    Most of this info is already available via Google, AOL, Yahoo!, and many other information services. And, many of these services have no qualms about sharing it with others. Plaxo does not share this info, period.

    The real difference is that Plaxo lets you know it. Regardless, Plaxo's privacy policy is very clear that this information will not be shared with anyone.

    "... Bambi Francisco over at CBS Marketwatch has noticed the same thing with Spoke Software, which she finds disconcerting. However, I'm wondering about the bigger legal issues: is the personal info you've given to individuals for business or personal reasons shareable? Some say that all Spoke is doing is collecting public information. However, if the info was given to an individual, is there a reasonable expectation that the information is not public at all, but for private use only? I'm not sure what the answer is, but I wonder how long until there's a lawsuit around this issue. Personally, like so many other things, I don't think it's something you can get "back in the box," but these systems do reveal to me who is freely giving away personal information about me, which could make me less willing to do business with them in the future."

    The answer is complex and differs from country to country. The USA takes a "data owner" approach -- the data owner (e.g. address book) owns the data. The spirit of European and Australian laws are more towards individual ownership, but are guided by many details and nuances. Plaxo does not violate these laws.

    link to this | view in thread ]

  10. identicon
    Rikk Carey, 5 Mar 2004 @ 3:38pm

    Re: Plaxo spam

    I have personally investigated many examples of this (i.e. people receive update requests from so-called "strangers"). Every case resulted in me discovering how the person knew each other.

    The bottom line is that 99.99% of the time that someone has you in their Outlook Address Book, it's because you've met or interacted at some point in the past. Many of these may have been awhile ago and some may be minor meetings (e.g. you met at a conference).

    But, the main point here is that these people are not evildoers trying to *steal your identity."

    BTW: Plaxo is adding a feature (as we speak) to enable Recipients (i.e. you) to challenge the Sender (e.g. how do I know you?). We will use this to build a Plaxo user rating system and find out which users are abusing the service.

    link to this | view in thread ]

  11. identicon
    Marlen, 19 Mar 2004 @ 9:22am

    Plaxo is bad

    I have huge problems with Plaxo, for very similar reasons. I wrote an article about it if anyone is interested:
    http://www.radicalapathy.com/mt/archives/journal/000129.html

    link to this | view in thread ]

  12. identicon
    anonymous coward, 17 Jan 2005 @ 4:40pm

    Re: Plaxo spam

    Such a rating/challenge system is still not there - almost a year later. So Plaxo's just gone into my spam-filters

    link to this | view in thread ]

  13. identicon
    DESMOND EDWARD, 5 Jul 2007 @ 8:56am

    TO A SAFE ACCOUNT.

    ECONOMIC COMMUNITY OF WEST AFRICAN STATES [ECOWAS]GHANA
    REPLY through THIS E-MAIL desmondedward2007@gmail.com
    MY DEAR FRIEND-

    RE: TRANSFER OF US$20,500,000.00 (TWENTY MILLION,FIVE HUNDRED THOUSAND UNITED STATES DOLLARS ONLY) TO A SAFE ACCOUNT.
    I wish to intimate you with this proposal in my capacity as a Chief Accountant and in full agreement with the Auditor-General of this ORGANIZATION (ECOWAS]IN GHANA OFFICE. We scrutinized all records and the accounts of awarded and executed contracts of this ORGANIZATION(ECOWAS) during the previous ADMINISTRATIVE regime, since the inception of democracy in ECOWAS SUB-REGION STATES and carefully uncover and mapped out a whopping sum US$20.500,000.00 which we want to transfer into your account as the beneficiary.You can authentically apply for supply if it interest you to be our client with full guarantee from me.
    The money $20.500,000.00 has been approved for payment by this ORGANIZATION ECOWAS, the Federal Ministry of Finance (endorsed by the Accountant General of the ORGANIZATION )and to be paid by the Apex Bank of ECOWAS under contract number, ECOWAS/OGN/FMF/GCB/B2517/2001.As top civil servants, we are not authorized to operate foreign bank accounts hence our decision to use your account in full trust and confidence to transfer this money outside ECOWAS SUB-REGION .
    We have accepted you as our foreign partner for the sum (US$20.500,000.00 (TWENTY MILLION, FIVE HUNDRED THOUSAND UNITED STATES DOLLARS ONLY). Moreover,it is pertinent to note that it is not risky and does not require much engagement since we have taken care of the deal in full capacity.
    We have resolved to give you 25% of the total for your assistance. If you are interested in this deal, please, contact me through my e-mail address above for more lively information. I am anxiously waiting for your response with hope that you will understand the confidential nature of this and its reality is a dream come through.
    Best regards,
    Mr Desmond Edward
    REPLY through THIS E-MAIL (desmondedward2007@gmail.com)

    link to this | view in thread ]


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