In what one expert on Internet privacy calls "a worst-case scenario," a Massachusetts man was jailed for sending his ex-girlfriend (who had a restraining order against him) an email invitation to join Google+.
But Thomas Gagnon contends he didn't send it; Google did, without his knowledge or consent.
When his ex-girlfriend received the invitation, according to the Salem News, she went to the police, complaining Gagnon had violated the restraining order by sending her the email. Police agreed and arrested him, the News reported. He was jailed then released on $500 bail.
A hearing in the case has been set for Feb. 6. Gagnon's attorney, Neil Hourihan, told the News his client has no idea how the invitation got sent, since Gagnon insists he didn't send it.
Efforts by ABC News to contact Hourihan and Gagnon were not successful.
Attorney Bradley Shear of Bethesda, Md., an internationally recognized expert on Internet privacy, told ABC News it's entirely possible Gagnon is telling the truth -- that he did not intentionally or knowingly send the invitation. "If he didn't send it -- if Google sent it without his permission and he was jailed for it -- Google could be facing major liability," Shear said.
Google did not respond to a request for comment by ABC News.
Google+ allows users to aggregate their email contacts into various groups -- school classmates, say, or professional associates or old flames. Moving a contact from one category to another, Shear explained, can trigger Google to send, automatically, an email to the contact inviting them to join Google+.
Shear pointed out a Google product forum from 2011 and 2012 titled "Prevent automatic email invitations to Google+?" that contains a number of angry complaints by Google+ users about the automatic invitation feature.
One customer wrote: "As soon as I add an email to a circle, Google seems to send an email automatically asking that person to join Google Plus. Is there any way of turning this off? I don't want Google to send any email on my behalf without my permission. At least I would expect some sort of warning."
In response these complaints, a Google Community Manager calling herself "Natalie" responded: "Thanks for your feedback. Right now the emails that go out alert people of your activity on Google+, and more importantly the sharing of content with them. We send them an email when they aren't yet on Google+ so they know that you are out there in the world [of] G+. They should only incur this email once."
But once was all it took to land Gagnon in jail.
Another Google+ user on the same forum demands to know: "Why was I not warned this was going to occur[?] Why on earth do you presume to know who I want to invite?"
Shear noted: "Google is going through every one of your contacts and sending them an invitation, whether it's your doctor, your lawyer, your mistress, or your ex-fiancee who's got a restraining order against you."
He called this, "a perfect example of what happens when a company oversteps its bounds."
Showing posts with label harassment. Show all posts
Showing posts with label harassment. Show all posts
Friday, January 10, 2014
Tuesday, January 7, 2014
N.J. Woman Sues Home Developer Over 'Aggressive, Hostile' Neighbor
When Cyndee Phoenix, 53, bought a home in October, she thought she found the perfect neighborhood in a planned real estate development in Mays Landing, N.J., about 19 miles west of Atlantic City. But she says her life has been far short of perfect thanks to a cantankerous neighbor.
And now Phoenix is claiming the developer who sold her the unit "knowingly concealed" that a "dangerous individual" would be her future neighbor, which she alleges is material misrepresentation and fraud, according to the lawsuit filed last week in Atlantic County Superior Court of New Jersey.
"At the time Ms. Phoenix expressed interest in one of the units, the defendant knew there was a neighbor directly across the street who, for lack of better words, was a tremendous thorn in the side of Lennar," said her attorney, Brett Datto.
Lennar Corp., a national homebuilder headquartered in Miami, is the seller of Phoenix's new home and the target of her lawsuit. Phoenix says Lennar should have informed her about her neighbor across the street, who is named in the lawsuit.
"We contend Lennar omitted material information so that Ms. Phoenix would purchase the home," said Datto. "Omission of a material fact is an element of fraud. You can commit fraud under most jurisdictions by omitting material information."
Phoenix, a community outreach director for a casino, says the neighbor has directed "increasingly harassing" behavior at her family, including her mother and sister. Those incidents allegedly include: death threats to her sister, "snide and racist" comments, spitting in the direction of her family members, and calling the police on her guests.
"He's made snide and racist comments, like, 'Go back to Atlantic City where you belong,' which is a more urban area," Datto said. "He blares his music loudly, takes pictures of my client's guests. He's a problem person."
Lennar Corp. did not respond to requests for comment.
On Nov. 12, just five days after Phoenix and her family moved into the home, she and her sister filed complaints for harassment and stalking against the neighbor, says her attorney.
Phoenix hired a security guard on the day the complaints were filed in fear of retaliation, the lawsuit says.
The neighbor "started to confront the hired security guard by staring at him for long periods of time, calling the police on the security guard and even following the security guard for 15 miles on the Garden State Parkway when he left [Phoenix's] property to go home," according to the lawsuit.
Datto says the problem may have been sparked even before Phoenix bought the home.
In a visit to the property when Phoenix was trying to decide whether to buy the home, the neighbor approached the sales representative to talk about "the lack of services, like landscaping of his yard," the lawsuit states.
The sales rep "implied that [the neighbor] was no longer eligible for services as a result of the time that had passed since his house was purchased," the lawsuit states.
Lennar's general counsel then sent a letter to the neighbor's wife, who owns the home, on Oct. 1, warning about his behavior.
And now Phoenix is claiming the developer who sold her the unit "knowingly concealed" that a "dangerous individual" would be her future neighbor, which she alleges is material misrepresentation and fraud, according to the lawsuit filed last week in Atlantic County Superior Court of New Jersey.
"At the time Ms. Phoenix expressed interest in one of the units, the defendant knew there was a neighbor directly across the street who, for lack of better words, was a tremendous thorn in the side of Lennar," said her attorney, Brett Datto.
Lennar Corp., a national homebuilder headquartered in Miami, is the seller of Phoenix's new home and the target of her lawsuit. Phoenix says Lennar should have informed her about her neighbor across the street, who is named in the lawsuit.
"We contend Lennar omitted material information so that Ms. Phoenix would purchase the home," said Datto. "Omission of a material fact is an element of fraud. You can commit fraud under most jurisdictions by omitting material information."
Phoenix, a community outreach director for a casino, says the neighbor has directed "increasingly harassing" behavior at her family, including her mother and sister. Those incidents allegedly include: death threats to her sister, "snide and racist" comments, spitting in the direction of her family members, and calling the police on her guests.
"He's made snide and racist comments, like, 'Go back to Atlantic City where you belong,' which is a more urban area," Datto said. "He blares his music loudly, takes pictures of my client's guests. He's a problem person."
Lennar Corp. did not respond to requests for comment.
On Nov. 12, just five days after Phoenix and her family moved into the home, she and her sister filed complaints for harassment and stalking against the neighbor, says her attorney.
Phoenix hired a security guard on the day the complaints were filed in fear of retaliation, the lawsuit says.
The neighbor "started to confront the hired security guard by staring at him for long periods of time, calling the police on the security guard and even following the security guard for 15 miles on the Garden State Parkway when he left [Phoenix's] property to go home," according to the lawsuit.
Datto says the problem may have been sparked even before Phoenix bought the home.
In a visit to the property when Phoenix was trying to decide whether to buy the home, the neighbor approached the sales representative to talk about "the lack of services, like landscaping of his yard," the lawsuit states.
The sales rep "implied that [the neighbor] was no longer eligible for services as a result of the time that had passed since his house was purchased," the lawsuit states.
Lennar's general counsel then sent a letter to the neighbor's wife, who owns the home, on Oct. 1, warning about his behavior.
Subscribe to:
Posts (Atom)