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Lump of Coal 🪨

MidRange
Lump of Coal 🪨
By Ernie Smith • Issue #142 • View online
How a strangely written email with an unusual source accidentally created a compliance headache for bunch of companies trying to comply with two major privacy regulations.
Editor’s note: Ironically, given the topic of this pre-Christmas issue, Revue has had some problems with Gmail falsely marking messages as phishing attempts in recent days. I have been informed that this is a domain problem with Revue; if this continues to be an issue, I will likely change the email address I send this from. If you see any issues with receiving this email, please know that I’m aware and assessing my options.

(Joey Harris/Unsplash)
(Joey Harris/Unsplash)
About two weeks ago, just in time for Christmas, I got this email that struck me as bizarre, which didn’t seem like it made any damn sense.
Basically, it was a user, based out of Russia, who was asking me for information about my process for handling data access requests under the California Consumer Privacy Act (CCPA). This struck me as strange, for a few reasons.
I know, from having written about CCPA in the past, that the law has specific legal carve-outs that basically exclude everyone except reasonably sized companies with tens of millions of dollars in revenue, or that are in the business of selling your data. Tedium, a project that basically is me-sized, doesn’t fit within the scope of CCPA.
Nonetheless, the email was worded as if a lawsuit was hitting my door in a few months.
“To be clear, I am not submitting a data access request at this time. My questions are about your process for when I do submit a request,” the email stated.
I did a search for the domain the email was sent from and I found few, if any search results, most from people like me wondering why they got this email.
Ultimately, I ignored the email, thinking it to be an exotic kind of spam, or a phishing attempt of sorts.
If you got this email, how would you react?
If you got this email, how would you react?
I was technically right about this, but the source of the phishing attempt, revealed a few days ago, is extremely unexpected.
The email was the creation of researchers at Princeton University, who were effectively trying to figure out how websites on the internet were complying with CCPA and its European equivalent, the General Data Protection Regulation.
As you might imagine, an email like this hit a few folks way larger than me, that work at companies that do fit under CCPA, that have lawyers on staff or on retainer that manage requests such as these, that feel like when they get a request like this, they have to take it seriously.
This type of email, for an academic researcher, is maybe a short amount of work. But for many businesses, what the email requests could be a significant burden, especially for those who haven’t done the work to properly comply with the law. It could cost them hundreds or thousands of dollars in billable hours from their legal team. And, as I previously said, the messages, which came from extremely exotic domains that only pulled up a few results on Google, could be interpreted as a phishing attempt, meaning they could lead to separate security compliance headaches for some companies.
Jeff Kosseff
Because I'm friends with a bunch of privacy folks on here, I want to give a PSA about an oddly worded request for info about data access procedures. It's a Princeton study, and you are under no obligation to respond. I think it's worthwhile to outline the study and my concerns:
Fortunately for all of us, cybersecurity law professor Jeff Kosseff of the U.S. Naval Academy was able to clear the air and point out that this was a very problematic approach.
“I respect everyone involved in the study and understand their goals,” he wrote in a Twitter thread. “I disagree with this approach to the research. I hope that they reach out to all recipients and inform them this was a study (if they haven’t already) so that the organizations can avoid more costs.”
Jonathan Mayer, the principal investigator of the study, posted an apology on the project’s website, and it’s clear that, from this perspective, the researchers didn’t think that part of the study through:
I have carefully read every single message sent to our research team, and I am dismayed that the emails in our study came across as security risks or legal threats. The intent of our study was to understand privacy practices, not to create a burden on website operators, email system operators, or privacy professionals. I sincerely apologize. I am the senior researcher, and the responsibility is mine.
As a result, they ended the study and apologized.
In a way, this reflects a problem with privacy regulations like CCPA and GDPR. Despite each regulatory structure in effect for a few years at this point, each is susceptible to being pressure-tested by random emails sent from anonymous people that, in cases such as these, could lead to costly and unexpected work just to understand if your organization needs to comply.
Put simply, this email, if your company got it today and it was actually real and not part of some misguided academic study, would be the opposite of a Christmas gift.
Related Reads:
Robocalls and Spam: What They Have In Common
Time limit given ⏲: 30 minutes
Time left on clock ⏲: alarm goes off (twice in a row, need to work on that!)
If you like this, be sure to check out more of my writing at Tedium: The Dull Side of the Internet.
Do you own a newsletter? Want to try your hand at writing an entire article in 30 minutes or less? If so, let’s do a swap—reply to this email to see about setting something up.
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Ernie Smith

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