Re: "scanning" e-mail [WAS: 3 Free Gmail invites]

[Robert Bonomi <bonomi () mail r-bonomi com>]

> From owner-nanog () merit edu  Thu Aug 19 12:58:57 2004
> Cc: Patrick W Gilmore <patrick () ianai net>
> From: Patrick W Gilmore <patrick () ianai net>
> Subject: "scanning" e-mail [WAS: 3 Free Gmail invites]
> Date: Thu, 19 Aug 2004 13:55:46 -0400
> To: nanog () nanog org
>
>
> On Aug 19, 2004, at 1:39 PM, Lou Katz wrote:
>
> > On Wed, Aug 18, 2004 at 10:13:29PM -0700, Jonathan Nichols wrote:
> > > Joshua Brady wrote:
> > >
> > > > I've got 2 Gmail invites up for grabs for the first 2 to email me 
> > > > offlist.
> > >
> > > You know, I'm having trouble finding people that *don't* have 
> > > gmail.com
> > > accounts already. :P
> >
> > Because G-mail scans INCOMING mail without the sender's consent, we 
> > will NEVER
> > have a G-mail account and have considered blocking them. We actively 
> > discourage
> > our clients from using this service. If you want to let a service scan 
> > YOUR mail,
> > it is your perogative, but you cannot give them permission to scan MY 
> > mail to you.
>
> I believe your last statement is factually incorrect.  I absolutely 
> _can_ do anything I please with "your" e-mail you send to me.  Not only 
> that, I also believe I _may_ do it.  You send me e-mail, the e-mail is 
> now mine. 

Well, legally, "yes, and no".

>            I can post it publicly,

You _cannot_ legally do that.  copyright infringement.

>                                    put it into a search engine, or 
> deleted it, and you have no say in the matter.  Might not be polite, 
> but it certainly it not illegal.  Don't like it, don't send me e-mail.  
> (Please. :)

You own the 'artifact' that is the message,  the 'intellectual property
rights' (i.e. "copyright") remain with the author/sender.

Doing thing with the message that require consent of the copyright holder
are things you cannot do _without_ that consent.  :)

'Private use' copying is _not_ one of those things, however.  

> Google is simply indexing mail for their users as a service - an 
> unobtrusive, completely benign service just like virus checking or 
> procmail scripts which have been used for years.  And it certainly does 
> not require the consent of the sender.  How I manage my mailbox is MY 
> business.  You have exactly zero say over whether I let Google do it or 
> Mail.app.

THAT is entirely correct.

> Perhaps you are worried that Google will read your e-mail?  Or maybe 
> let others read it?  Well, I hope you never send e-mail to anyone who 
> does not run their own dedicated mail server on their own dedicated 
> hardware and encrypt the SMTP session.  'Cause you are worried about 
> something that has been happening for decades.  (Plus I think  you have 
> to be more than a little arrogant to think anyone at Google gives a 
> fart about the e-mail you send.)
>
> But hey, it's your e-mail, send it or not as you please.  I like the 
> idea behind G-mail, I just can't deal with a web-based e-mail client.  
> You don't, then don't use it.
>
> Just please don't spout factual fallacies like saying I can't give 
> someone permission to do things to my inbox.
>
> -- 
> TTFn,
> patrick