E-mail disaster

[Dean Bishop]

What is the name of your state (only U.S. law)? Minnesota
My local ISP mistakenly forwarded almost 4000 e-mails to me that aren't mine. Now I'm getting urgent phone messages regarding getting me under a non-disclosure agreement. Before I return that call I want to be sure I'm not part of some illegal cover up. Or is this business as usual?

 

[quincy]

What is the name of your state (only U.S. law)? Minnesota
My local ISP mistakenly forwarded almost 4000 e-mails to me that aren't mine. Now I'm getting urgent phone messages regarding getting me under a non-disclosure agreement. Before I return that call I want to be sure I'm not part of some illegal cover up. Or is this business as usual?

You received 4000 emails that were not supposed to be sent to you? Yikes.

Were the emails intended for one recipient or were they all from one entity, or were the emails intended for an assortment of individuals?

Whatever the case, this is more than just a mistake by your ISP and it definitely isn't "business as usual." It sounds to me more like malware or perhaps a hacking.

I would contact your ISP to get some clarification first and then, before agreeing to sign any nondisclosure agreement, I would have the matter reviewed by an attorney in your area. You do not want to sign any nondisclosure agreement without knowing exactly what is involved.

Good luck.

 

[Dean Bishop]

This ISP is getting out of the residential provider business and offered to forward my e-mail account with them to an e-mail account of my choice. It appears they forwarded not just my mail but ALL incoming mail to the ISP to my chosen account. It's lots of different recipients. Some physician mailing list, local politicians talking about the Secretary of HUD, etc. I didn't ask for them but now they're my responsibility.

I'll see what kind of non-disclosure they want me to sign. My inclination is not to sign anything. These people are a lot safer with me than they are with these idiots.

 

[quincy]

... These people are a lot safer with me than they are with these idiots.

I think you might be right.

While the emails are in your possession, I recommend you do handle all of the communications with care (i.e, if not meant for you, it is best not to open them).

I can certainly understand why you are being asked to sign a nondisclosure agreement. The ISP's blunder if disclosed could wind up being a costly one for them.

It could be smart for you to consult with an attorney in your area to determine how best to handle the emails currently clogging your inbox, and how best to address the ISP and the nondisclosure agreement. I would be reluctant to sign an NDA, as well.

Good luck.

 

[Dean Bishop]

While the emails are in your possession, I recommend you do handle all of the communications with care (i.e, if not meant for you, it is best not to open them).

I haven't opened any more since I realized what I had. And I've moved everything from the 1.5 hrs I was getting mail bombed into a special folder.

Thanks!

 

[quincy]

I haven't opened any more since I realized what I had. And I've moved everything from the 1.5 hrs I was getting mail bombed into a special folder.

Thanks!

For an out-of-the-ordinary situation, you appear to be handling this as well as anyone could. I again suggest an attorney's review, certainly before signing anything requested of you by the ISP.

Good luck.



(Oh. And if any of my bills made it your way, feel free to pay them. )

 

[FlyingRon]

Your attorney will tell you this: You are under no obligation to sign anything and are almost certainly not advised to do so.

 

[quincy]

Your attorney will tell you this: You are under no obligation to sign anything and are almost certainly not advised to do so.

I agree that this is probably what the attorney Dean Bishop consults will say.

I have been trying to come up with any benefit at all that could be realized by Dean Bishop in signing an NDA for the ISP and have thought of none.

I guess the good news is that Dean said his former ISP is getting out of the residential provider business. They probably could have found a better way to do this, though.

If you can post back with updates, Dean Bishop, I would like to hear how all of this turns out for you.

 

[Dean Bishop]

If you can post back with updates, Dean Bishop, I would like to hear how all of this turns out for you.

I certainly will. While I was driving home today their VP of Security phoned (It rolled to voice mail. I don't talk on the phone while driving.) and wanted to assure me she wasn't a prank caller and that retrieving these mails is very important to their company and they would be willing to compensate me for my time.

Frankly, if these mails will get to their intended recipients I see no down side to handing them over and would do so regardless of compensation. I intend to treat these the way I would want mine treated if my own mail were mishandled in this way. Its not like I don't still have copies if "what e-mails?" denial occurs. I'm reasonably sure any compensation they would offer would come with a non-disclosure. Now comes the sticky part. Other privacy issues aside, based on what I've seen I'd be surprised if at least one or more of these mails being in the wild isn't a HIPAA violation. Of course they want to keep this quiet as this could be very damaging to them from a PR standpoint. My concern is if they're trying to duck some legal ramifications. Which could make me an accessory to any cover up they may be engaging in.

Or maybe I watch too many conspiracy movies.

 

[quincy]

I certainly will. While I was driving home today their VP of Security phoned (It rolled to voice mail. I don't talk on the phone while driving.) and wanted to assure me she wasn't a prank caller and that retrieving these mails is very important to their company and they would be willing to compensate me for my time.

Frankly, if these mails will get to their intended recipients I see no down side to handing them over and would do so regardless of compensation. I intend to treat these the way I would want mine treated if my own mail were mishandled in this way. Its not like I don't still have copies if "what e-mails?" denial occurs. I'm reasonably sure any compensation they would offer would come with a non-disclosure. Now comes the sticky part. Other privacy issues aside, based on what I've seen I'd be surprised if at least one or more of these mails being in the wild isn't a HIPAA violation. Of course they want to keep this quiet as this could be very damaging to them from a PR standpoint. My concern is if they're trying to duck some legal ramifications. Which could make me an accessory to any cover up they may be engaging in.

Or maybe I watch too many conspiracy movies.

The VP of Security called you instead of emailed you, huh? Wise choice.

Because the situation you find yourself in is an odd one, Dean, it is difficult to tell what all of the possible consequences are for the ISP - or for you. Right now, you are a "victim" of the ISP's mistake, just as are all of the others whose mail was diverted to your account. Being a victim is probably the best position for you to be in.

I would not respond to the ISP's offer of compensation, to requests to sign an NDA or to do anything with the emails until you have had the opportunity to sit down and discuss all of this with an attorney in your area.

I do not see this as something you should handle on your own without the help of an attorney. That said, I appreciate the fact that you want to get the emails to their intended recipients. If the ISP was going to make a mistake of this magnitude, at least they made it with someone who is honorable.

Good luck.

 

[Dean Bishop]

The VP of Security called you instead of emailed you, huh? Wise choice.

Yeah, My e-mail has been funny as of late.

I noticed that right away. Every time they try to get in touch with me its a phone call. Being an Internet Service Provider I'd guess they have a computer with Internet around there somewhere. And its not like they don't know my e-mail address. A total now of six phone calls, no e-mails. I get the feeling they are trying to leave as few fingerprints as possible. Which only adds to my unease and feeling of something shady going on here.

 

[LdiJ]

Yeah, My e-mail has been funny as of late.

I noticed that right away. Every time they try to get in touch with me its a phone call. Being an Internet Service Provider I'd guess they have a computer with Internet around there somewhere. And its not like they don't know my e-mail address. A total now of six phone calls, no e-mails. I get the feeling they are trying to leave as few fingerprints as possible. Which only adds to my unease and feeling of something shady going on here.

I think that they are trying to handle it as quickly as possible, because the faster they fix it, the less likely it is that anyone is going to notice what happened. Hence the phone calls and the offer to compensate you for your time.

Once it gets to the point where its too late to hide it, the phone calls and offers of compensation will likely stop.

 

[Dean Bishop]

Well, called a local firm dealing in Internet law and got the big put off while they check for conflict. Maybe they can get me an appointment for tomorrow and maybe not. I'd really hoped to put this in their hands and let them call these people and represent me, but it feels more like that turn in the movie where the idiot calls up the bad guys by mistake to confide in them. I really don't want to communicate with my provider at all until I've consulted, but the frantic tenor of their messages makes me think I should have moved on this yesterday rather than making that trip out of town and doing my job. I suppose I could call them and tell them I'm waiting on legal advice, but that seems like tipping my hand before I'm ready.

 

[quincy]

Well, called a local firm dealing in Internet law and got the big put off while they check for conflict. Maybe they can get me an appointment for tomorrow and maybe not. I'd really hoped to put this in their hands and let them call these people and represent me, but it feels more like that turn in the movie where the idiot calls up the bad guys by mistake to confide in them. I really don't want to communicate with my provider at all until I've consulted, but the frantic tenor of their messages makes me think I should have moved on this yesterday rather than making that trip out of town and doing my job. I suppose I could call them and tell them I'm waiting on legal advice, but that seems like tipping my hand before I'm ready.

I don't think it hurts to let them know that you are waiting on legal advice. The ISP has to know already the position they put you in by giving you possession of other people's emails, some of which may contain private information not meant for public consumption.

I am sure the ISP is anxious to correct their error and is looking for your cooperation. I think you need to protect your best interests before considering theirs, however.

Again, good luck.

 

[LeeHarveyBlotto]

Curious,

What do people think is the potential downside of the OP doing nothing at all?