Internet Users Send 204 Million Emails Per Minute

IMAGE: MASHABLE COMPOSITE ISTOCK, RUSSELLTATEDOTCOM

BY MAX KNOBLAUCH

A lot can happen in 60 seconds. A decent typist can write approximately 80 words, the Wright brothers can make their historical first flight five times andYouTube users upload 72 hours of footage.

While social media can create the sense that the Internet is a small town where everyone is connected and, for the most part, gets along (outside of election season), the truth is quite the opposite. The data transferred on the Internet each minute by its roughly 2.4 billion global users is vast and incomprehensible.

SEE ALSO: 8 Ways Tech Has Completely Rewired Our Brains

http://mashable.com/2014/04/23/data-online-every-minute/?utm_cid=mash-prod-email-topstories&utm_emailalert=daily&utm_source=newsletter&utm_medium=email&utm_campaign=daily

How To Handle Email Marketing

IMAGE: MASHABLE COMPOSITE. ISTOCKPHOTO, FRANKRAMSPOTT, ROYKONITZER

DEREK HARDING for ClickZ Apr 10, 2014

 

 

Some years ago, OK many years ago, I joined a custom publishing agency. My first week was one of deep orientation. During that week I was taken through the details of the publishing process. I was taught about the print process: the different types of printers, paper, and printing techniques; color processes, CMYK and spot color; collation, distribution, and the postal system. I was taught about copy writing, editing, layout and proofing, and all the other steps that go into creating the final product. In short I got a five-day backgrounder on how the underlying technologies and processes of the industry worked and how they impacted our work.

What I've come to realize is that in today's digital marketing world, it's very rare that an email marketer gets this kind of background. And I don't mean in print, I mean in email. I commonly come across email marketers who don't know how the channel that is the basis of our livelihood works. Here then are my top five things that every email marketer should know.

http://mashable.com/2014/04/10/5-email-marketer-topics/

Microsoft defends its right to read your email

By Jose Pagliery  @Jose_Pagliery March 21, 2014: 12:47 PM ET

Microsoft will break into your Outlook, Hotmail and instant messenger accounts -- if it deems necessary.

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Microsoft is defending its right to break into customers' accounts and read their emails.

The company's ability -- and willingness -- to take such an approach became apparent this week. Microsoft (MSFT, Fortune 500) admitted in federal court documents that it forced its way into a blogger's Hotmail account to track down and stop a potentially catastrophic leak of sensitive software. The company says its decision is justified.

http://money.cnn.com/2014/03/21/technology/security/microsoft-email/index.html

Researchers work to secure military smartphones

y Kris Osborn

Published February 12, 2014

Military.com

Soldiers in Afghanistan are experimenting with smartphones engineered to better protect operational datas designed by scientists at Vanderbilt University’s Institute for Software Integrated Systems, or ISIS.

Vanderbilt experts and researchers are working with the Defense Advanced Research Projects Agency, or DARPA, on a program called Transformative Apps, an effort designed to develop a family of military-relevant software applications, or apps.

http://www.foxnews.com/tech/2014/02/12/researchers-work-to-secure-military-smartphones/?intcmp=obnetwork

Yahoo Email Servers attacked by hackers

Yahoo has reported that its Email service suffered attacks which resulted in the compromise of an unknown number of accounts. The tech company said it has taken protective action by prompting all email users to immediately reset their passwords.

• Los Angeles Times

Gmail update: Reach more people you know

Ever wanted to email someone you know, but haven't yet exchanged email addresses? Starting this week, when you're composing a new email, Gmail will suggest your Google+ connections as recipients, even if you haven't exchanged email addresses yet.

How it works with email addresses
Emailing Google+ connections works a bit differently to protect the privacy of email addresses. Your email address isn't visible to your Google+ connections until you send them an email, and their email addresses are not visible to you until they respond.

Receiving email from people outside your circles
If you receive an email from someone outside your circles, it will be filtered into the Social category of the inbox (if enabled) and only after you respond or add them to your circles, can they start another conversation with you.

How to control who can contact you
You're in control of whether people can reach you with a new setting in Gmail on the desktop. To learn more, check out the Help Center.

The Gmail Team

Creating and Enforcing Email Security Policies

Email security policies are critical to keeping sensitive enterprise data safe. However, there are many different thoughts on the proper way to create and enforce them.

This expert guide examines effective methods of instituting and enforcing email security policies, such as putting the rules in writing and creating penalties for policy violation. Read on to find out which approach is best for your organization.

http://searchcontentmanagement.bitpipe.com/detail/RES/1385049218_764.html

With the New Gmail, People Will Know When You Open That Message

Image: Cairo/Flickr

Beware: Google just made it easier for people to know if you’re opening their email messages.

Today, the web giant announced a change to its popular Gmail service: Images embedded in emails will now be automatically displayed, saving users from clicking on a “display images” link and, Google claims, making “your messages more safe and secure.” But buried in the fine print, a different picture emerges.

http://www.wired.com/business/2013/12/gmail-spying-explained/

Creating and Enforcing Email Security Policies

http://searchsecurity.bitpipe.com/fulfillment/1385049218_764?uid=16500211&li=813429&utm_medium=EM&asrc=EM_DWP_25548936&utm_campaign=20131213_Expert+guide+to+email+security+policies_&utm_source=DWP&res_id=1385049218_764

Gmail Will Never Ask You to 'Display Images Below' Again

BY SAMANTHA MURPHY KELLY

Gmail will no longer wait for your permission to "display images below."

Google rolled out improvements to how Gmail handles images on Thursday, specifically related to its automatic display of pictures within emails. From now on, you'll never see that pesky prompt again.

SEE ALSO: 20 Strange and Hilarious Google Street View Sightings

Control of Personal Email Accounts & Litigation Holds - Bow Tie Law Blog

Control of Personal Email Accounts & Litigation Holds

Posted on October 10, 2013

Puerto Rico once again has issued a thought provoking eDiscovery opinion. It’s about time we hold a conference there.

The Court found the Plaintiff had offered sufficient evidence that the Defendant had a duty to preserve the personal email accounts of its former officers. The Court explained the email accounts were within the Defendant’s control because the officers had used the accounts for as along as seven years to manage the company. P.R. Tel. Co. v. San Juan Cable Llc, 2013 U.S. Dist. LEXIS 146081, at *4-5 (D.P.R. Oct. 7, 2013). Since the Defendant likely knew its managing officers were using personal email to conduct business, the duty to preserve included those 

http://bowtielaw.wordpress.com/2013/10/10/control-of-personal-email-accounts-litigation-holds/accounts. Id. 

MICHAEL PICKERING et al Plaintiff v. ADP DEALER SERVICES, INC f/k/a - Sales Calls, E-Mails, banner ads

Robo-calls can be a real pain and have shown up in litigation time and again.  The named defendants were involved in such a dispute that led to this case. 

Michael Pickering brought a class action complaint against Defendants ADP Dealer Services, Inc., The Cobalt Group, Inc., Autotegrity, Inc., UpSurge Media Group, LLC, eFlow Media LLC, Dedicated Media, Inc., Swaha Media LLC, Advert Marketing, Inc., and Adsource Marketing, Ltd., seeking to enjoin defendants' alleged practice of making unsolicited text message calls to consumers' cellular telephones. eFlow moved to dismiss for lack of personal jurisdiction and improper venue. For the reasons set forth below, the Court granted the motion.

eFlow's core business is the generation of sales leads for companies through the use of its publisher network. This is usually done through e-mails and website banner ads. eFlow is paid by the advertisers on a per-lead basis. eFlow markets itself to potential advertisers through online marketing on its own website and passive marketing via social media such as Facebook and Twitter.

The majority of eFlow's publishers apply to be part of eFlow's network through the company's website. However, most advertisers contact eFlow by telephone first. The website is accessible nationally.

eFlow moved to dismiss this case for lack of personal jurisdiction and improper venue. Once a defendant moves to dismiss a complaint for lack of personal jurisdiction, the plaintiff bears the burden of making out a prima facie case that jurisdiction exists.Jennings v. AC Hydraulic A/S, 383 F.3d 546, 548 (7th Cir. 2004); Purdue Research Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir. 2003). 

General jurisdiction gives a court the right to hear any and all claims against the foreign defendant regardless of the forum where the events took place. Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846, 2851 (2011). In order for a court in a forum to have general jurisdiction over a defendant, that defendant must have "continuous and systematic general business contacts" with the forum. Id. Isolated or sporadic contacts with the forum are not sufficient to establish general jurisdiction.Tamburo v. Dworkin, 601 F.3d 693, 701 (7th Cir. 2010).

A court may assert specific jurisdiction over a defendant if: "(1) the defendant has purposefully directed [its] activities at the forum state or purposefully availed [it]self of the privilege of conducting business in that state, and (2) the alleged injury arises out of forum-related activities that the defendant purposefully directed at the forum state."Tamburo, 601 F.3d at 702. In a case like this one, the Court "focuses on whether the conduct underlying the claims was purposefully directed at the forum state." Id.

Pickering failed to show prima facie that specific jurisdiction over eFlow is appropriate. 

For the reasons stated above, the Court granted defendant eFlow's motion to dismiss for lack of personal jurisdiction and terminated as moot its motion to dismiss for improper venue [docket nos. 25 & 26]. Plaintiff's claims against defendant eFlow Media, LLC were dismissed for lack of personal jurisdiction.

MICHAEL PICKERING, individually and on behalf of all others similarly situated, Plaintiff,

v.

ADP DEALER SERVICES, INC., f/k/a THE COBALT GROUP, INC., AUTOTEGRITY, INC., UPSURGE MEDIA GROUP, LLC, EFLOW MEDIA LLC, SWAHA MEDIA LLC, ADVERT MARKETING INC., and ADSOURCE MARKETING, LTD., Defendant.

Case No. 12 C 6256. March 13, 2013.

United States District Court, N.D. Illinois, Eastern Division

http://scholar.google.com/scholar_case?case=3396092461559899145&q=Facebook+AND+2013&hl=en&as_sdt=4,14,112,127,268,269,270,271,272,314,315,331,332,333,334,335,377,378

Illinois Right to Privacy in the Workplace Act

The Land of Lincoln is one of the 13 states that have enacted Privacy in the Workplace legislation. Illinois keep our legislation updated and available on line for easy research purposes.

820 ILCS 55/1 et seq.; Amended by SB 2306 ( clarifies that law applies to personal accounts, not professional accounts, and does not prohibit employers from screening/monitoring employees and applicants)

(820 ILCS 55/10) (from Ch. 48, par. 2860) 
    Sec. 10. Prohibited inquiries. 
    ( 
    (b)(1) It shall be unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee's account or profile on a social networking website or to demand access in any manner to an employee's or prospective employee's account or profile on a social networking website. 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2398&ChapterID=68

Electronic Messaging, FOIA, City of Champaign Lisa Madigan, PATRICK WADE; and THE NEWS-GAZETTE, INC.

Are electronic messages sent while on offical government business subject to the FOIA Illinois Freedom of Information Act (FOIA) (5 ILCS 140/11(e) (West 2010))? 

This was the issue to be decided in THE CITY OF CHAMPAIGN v. LISA MADIGAN; PATRICK WADE; and THE NEWS-GAZETTE, INC.

On July 15, 2011, Patrick Wade, a reporter for defendant Champaign News-Gazette, filed a FOIA request with the City, seeking the following records:

"All electronic communications, including cellphone text messages, sent and received by members of the city council and the mayor during city council meetings and study sessions since (and including) May 3. Please note that this request applies to both city-issued and personal cellphones, city-issued or personal email addresses and Twitter accounts."

Defendant Wade requested copies of electronic communications sent and received during city council meetings from members of the Champaign city council as well as the mayor, (collectively, the City). The City partially denied Wade's request, explaining personal communications on privately owned electronic devices are not within the scope of FOIA, even when they relate to city business. The Attorney General issued a binding opinion, finding texts and emails sent or received from a council member's personal electronic device during public meetings, concerning city council business, are public records and subject to FOIA. The City sought administrative review in the circuit court, which affirmed the decision.

The City appealed, arguing (1) the requested electronic communications are not public records as defined by FOIA; (2) public officials have a reasonable expectation of privacy; (3) the circuit court erred in awarding Wade fees; and (4) the court did not have jurisdictionf. This Court affirmed in part and reversed in part.

The public policy underlying the General Assembly's adoption of FOIA is expressly set forth in section 1 of the Act as follows:

"Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest."

The General Assembly hereby declared that it is the public policy of the State of Illinois that access to public records promotes the transparency and accountability of public bodies. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act.

The General Assembly further recognized that technology may advance at a rate that outpaces its ability to address those advances legislatively. To the extent that this Act may not expressly apply to those technological advances, this Act should nonetheless be interpreted to further the declared policy of this Act that public records shall be made available upon request except when denial of access furthers the public policy underlying a specific exemption." 5 ILCS 140/1 (West 2010)."

n this case, the City argues communications on privately owned electronic devices are not subject to FOIA. 

Section 2(c) of FOIA defines "public records" as follows:

"[A]ll records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having beenprepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body." (Emphases added.) 5 ILCS 140/2(c) (West 2010)."

Finally, the Court noted that the language in the statute's preamble recognizes "technology may advance at a rate that outpaces its ability to address those advances legislatively." 5 ILCS 140/1 (West 2010). The instant cause of action presented jsuch a situation. If the General Assembly intends for communications pertaining to city business to and from an individual city council member's personal electronic device to be subject to FOIA in every case, it should expressly so state. It is not the court's function to legislate. Indeed, such issues are legislative matters. 

While section 11.5 provides for administrative review of the Attorney General's opinion, it is a separate and distinct section from section 11(i). Section 11.5 does not provide for attorney fees. Compare 5 ILCS 140/11.5 (West 2010), with 5 ILCS 140/11(i) (West 2010). Under these facts, the trial court erred in awarding Wade $7,500 in attorney fees and costs.

 For the reasons stated, the Court dismissed appeal No. 4-12-0662 for lack of jurisdiction,  affirmed the portion of the circuit court's judgment in case No. 4-12-0751 affirming the Public Access Counselor's binding opinion. The Court reversed the part of the court's judgment allowing the counterclaim and awarding attorney fees.

http://scholar.google.com/scholar_case?case=3087819941824928703&q=Twitter&hl=en&as_sdt=4,14,112,127,268,269,270,271,272,314,315,331,332,333,334,335,377,378&as_ylo=2013

Privacy on Facebook, Twitter - JD Supra