And since, as I gather, her political speech emails are not coming from a .GOV 
address, this could get complicated.

I do wonder whom else will be made a party to such a lawsuit in short order.

Aloha,
Michael.
--
Michael J Wise
Microsoft Corporation| Spam Analysis
"Your Spam Specimen Has Been Processed."
Got the Junk Mail Reporting 
Tool<http://www.microsoft.com/en-us/download/details.aspx?id=18275> ?



-----Original Message-----
From: mailop <mailop-boun...@mailop.org> On Behalf Of Anne P. Mitchell, Esq. 
via mailop
Sent: Friday, July 26, 2019 11:17 AM
To: Mail Op <mailop@mailop.org>
Subject: [mailop] Lawsuit to watch: Tulsi v. Google



While at first blush the big news about this lawsuit is that Google is being 
sued for suppressing presidential candidate Tulsi Gabbard's campaign's ads, 
there is also a piece of the lawsuit where they are suing Google because (they 
claim) a disproportionate number of her campaign's email was being put in the 
Gmail spam folder.  They talk about the opacity of how the spam filter works, 
etc...



Now, of course, years ago, when I was at MAPS, we dealt with several lawsuits 
from spammers about how unfair it was that they were being filtered because of 
the RBL, etc., etc., and they fairly roundly lost.



This however is different, because we have a political candidate claiming that 
Google is suppressing *political* speech, the free pass for which is baked 
right into CAN-SPAM, as we all know only too well.



Here is our plain English write up of it, which I doubt anyone here needs (the 
plain English part), but we also are hosting a full copy of the lawsuit, which 
is linked here as well:



https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.theinternetpatrol.com%2Fpresidential-candidate-tulsi-gabbard-sues-google-over-disabling-ads-and-going-to-the-spam-folder-full-text-of-lawsuit-included%2F&amp;data=02%7C01%7Cmichael.wise%40microsoft.com%7C90d815686616428d913e08d711f5f397%7C72f988bf86f141af91ab2d7cd011db47%7C1%7C0%7C636997620363320612&amp;sdata=CzxgFQPrwO0o%2BtUWzouFkmwRrpP0Zpd3SHX6NQN2KBQ%3D&amp;reserved=0



Anne



Anne P. Mitchell, Attorney at Law

Dean of Cybersecurity & Cyberlaw, Lincoln Law School of San Jose CEO/President, 
Institute for Social Internet Public Policy

Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) 
Legislative Consultant GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant Board 
of Directors, Denver Internet Exchange Board of Directors, Asilomar 
Microcomputer Workshop Legal Counsel: The CyberGreen Institute Former Counsel: 
Mail Abuse Prevention System (MAPS) 
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