[Bigbang-dev] Today's meeting

Sebastian Benthall sbenthall at gmail.com
Fri Sep 23 17:18:25 CEST 2022


Interesting!

I suppose it depends on if it was a private email address,  or one sent
from public office?

You might expect different institutions having different defaults. Think of
those firms or agencies that today add large notices to emails saying:
don't forward this,  if you are an unintended recipient then that's bad,
etc. Totally unenforceable,  but it serves some legal CYA logic
nevertheless. A lot of cyber laws are about *trying hard enough* to protect
information in order for *further legal protections* to take hold.
Enforcement could be moved to the email client, adding a "this is a special
email, are you sure you want to forward it?

I see an analogy to consent management systems (CMP). Suppose a user wants
to set a bunch of preferences on their email client for uses of downstream
data. Some are "necessary" uses -- operating the email server, for example.
Some are not and can be "turned off"....

Expressing that consent is intended to help people exercise their rights
(in Europe, that is, especially under DGA now). But those rights are
qualified by the law. If I use a CMP to prevent cookie usage beyond
necessary doesn't mean that, say, law enforcement couldn't use that data
with a warrant, right? There could be similar provisions for the public
official. The header would mean something like consent, but there would be
legal situations that supercede consent.

This is connected to another issue which a colleague has brought to my
attention some time ago, which is the strange situation we are in where a
smart device "user agent" is considered to legally represent us. Why is
that?

On Fri, Sep 23, 2022, 8:59 AM Niels ten Oever <mail at nielstenoever.net>
wrote:

> Adding to this discussion:
>
> What if an important policy maker puts the flag 'do-not-process' in an
> email header but we would have legitimate interests, because they are a
> policymaker/politician, to process it? This might create more confusion
> that it solves?
>
>
>
> On 23-09-2022 14:39, Sebastian Benthall wrote:
> > I also can't make the meeting, because of the PrivaCI Symposium.
> >
> > At it, Michael Froomkin pitched an argument about email privacy, mainly
> about how email addresses can sometimes over identify, and sometimes under
> identify, and arguing that there should be a (standardized) identity layer
> built over the email transport layer. He was initially skeptical about
> changing email but I think I convinced him an optional header might be
> doable and part of a solution.
> >
> > It might be worth giving the issue more thought. We were talking about a
> "do not process" flag for email, or maybe a header that explicitly consents
> to some processing purposes and not others. But it might be that the
> possibility of attributing email, linking it to other identifiers, is an
> important issue.
> >
> > On Fri, Sep 23, 2022, 6:42 AM Priyanka Sinha <
> priyanka.sinha.iitg at gmail.com <mailto:priyanka.sinha.iitg at gmail.com>>
> wrote:
> >
> >     Hi,
> >
> >     Me neither. Got caught up again.
> >
> >     I asked about the privacy header in other groups, and there is an
> interesting conundrum of whether enterprise e-mail and laptop are allowed
> to have private e-mail or conversation.
> >
> >     Especially in today's enterprise climate of hybrid work, expensive
> hardware, stringent network policies, large enterprises where family and
> friends work.
> >
> >     Riccardo, looking forward to seeing you in a future meeting.
> >
> >     Thanks and Regards,
> >     -priyanka
> >
> >     See you at the next
> >
> >         Date: Fri, 23 Sep 2022 08:45:30 +0000
> >         From: Riccardo Nanni <riccardo.nanni9 at unibo.it <mailto:
> riccardo.nanni9 at unibo.it>>
> >         To: "bigbang-dev at data-activism.net <mailto:
> bigbang-dev at data-activism.net>" <bigbang-dev at data-activism.net <mailto:
> bigbang-dev at data-activism.net>>
> >         Subject: [Bigbang-dev] Today's meeting
> >         Message-ID:
> >                  <
> AM6PR0102MB3208C29E0C6423EB5AF88942C4519 at AM6PR0102MB3208.eurprd01.prod.exchangelabs.com
> <mailto:
> AM6PR0102MB3208C29E0C6423EB5AF88942C4519 at AM6PR0102MB3208.eurprd01.prod.exchangelabs.com
> >>
> >
> >         Content-Type: text/plain; charset="iso-8859-1"
> >
> >         Hi there!
> >         Again, I can't make it today... I have an overlapping meeting.
> Sorry!
> >         Cheers,
> >
> >         Riccardo
> >
> >     _______________________________________________
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> >
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>
> --
> Niels ten Oever, PhD
> Postdoctoral Researcher - Media Studies Department - University of
> Amsterdam
> Affiliated Faculty - Digital Democracy Institute - Simon Fraser University
> Non-Resident Fellow 2022-2023 - Center for Democracy & Technology
> Associated Scholar - Centro de Tecnologia e Sociedade - Fundação Getúlio
> Vargas
> Research Fellow - Centre for Internet and Human Rights - European
> University Viadrina
>
> Vice chair - Global Internet Governance Academic Network (GigaNet)
>
> W: https://nielstenoever.net
> E: mail at nielstenoever.net
> T: @nielstenoever
> P/S/WA: +31629051853
> PGP: 2458 0B70 5C4A FD8A 9488 643A 0ED8 3F3A 468A C8B3
>
> Read my latest article on understanding power in standardization in the
> Journal of Standardisation here:
> https://journals.open.tudelft.nl/jos/article/view/6205/5361
>
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