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Republicans Google Spam The Courts

Judge Tears Apart Republican Lawsuit Alleging Bias In Gmail Spam Filter (arstechnica.com) 184

An anonymous reader quotes a report from Ars Technica: A federal judge yesterday granted Google's motion to dismiss a lawsuit filed by the Republican National Committee (RNC), which claims that Google intentionally used Gmail's spam filter to suppress Republicans' fundraising emails. An order (PDF) dismissing the lawsuit was issued yesterday by US District Judge Daniel Calabretta. The RNC is seeking "recovery for donations it allegedly lost as a result of its emails not being delivered to its supporters' inboxes," Calabretta noted. But Google correctly argued that the lawsuit claims are barred by Section 230 of the Communications Decency Act, the judge wrote. The RNC lawsuit was filed in October 2022 in US District Court for the Eastern District of California.

"While it is a close case, the Court concludes that... the RNC has not sufficiently pled that Google acted in bad faith in filtering the RNC's messages into Gmail users' spam folders, and that doing so was protected by Section 230. On the merits, the Court concludes that each of the RNC's claims fail as a matter of law for the reasons described below," he wrote. Calabretta, a Biden appointee, called it "concerning that Gmail's spam filter has a disparate impact on the emails of one political party, and that Google is aware of and has not yet been able to correct this bias." But he noted that "other large email providers have exhibited some sort of political bias" and that if Google did not filter spam, it would harm its users by subjecting them "to harmful malware or harassing messages. On the whole, Google's spam filter, though in this instance imperfect, is not morally blameworthy."

The RNC was given leave to amend another claim that alleged intentional interference with prospective economic relations under California law. The judge dismissed the claim as follows: "The RNC argues that Google's conduct was independently wrongful because '(1) it is political discrimination against the RNC, (2) it is dishonest to Google's users and the public, and (3) Google repeatedly lied about it.' As established above, political discrimination is not prohibited by California anti-discrimination laws and so Google's alleged discrimination would not be unlawful. The latter two reasons do not provide a 'determinable legal standard' under which the Court could find the conduct wrongful; they rest on a 'nebulous' theory of wrongfulness which other courts have rejected." The RNC "has failed to establish that Defendant's alleged interference constituted a separate, independently 'wrongful act' that would be an appropriate predicate offense" but "will be granted leave to amend this claim to establish that Defendant's conduct was unlawful by some legal measure," Calabretta wrote.
Google said in a statement: "We welcome the Court's finding that there are no plausible allegations that Gmail's spam filters discriminate for political purposes. We will continue investing in spam-filtering technologies that protect people from unwanted emails while still allowing senders to reach the inboxes of users who want their messages."
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Judge Tears Apart Republican Lawsuit Alleging Bias In Gmail Spam Filter

Comments Filter:
  • Good (Score:3, Insightful)

    by Baloo Uriza ( 1582831 ) <baloo@ursamundi.org> on Friday August 25, 2023 @05:11PM (#63797232) Homepage Journal
    Anything that's bad for spammers and bad for fascists is good for literally everyone else.
  • by Disco Ninja ( 7135795 ) on Friday August 25, 2023 @05:12PM (#63797234)
    Perhaps more right wing fundraisers send emails that are spam and the spam filter, or those who programmed it, has no bias at all. Regardless, I donâ(TM)t want any political or any other organization to contact me without permission in any way. My phone lights up around any election but at least I never get any of it from any party in gmail.
    • Re:Causality (Score:5, Informative)

      by iAmWaySmarterThanYou ( 10095012 ) on Friday August 25, 2023 @08:43PM (#63797702)

      IIRC, they were warned to use SPF/DKIM several times and didn't. So they went to spam folder.

      Shrug.

      This is how it is supposed to work. They were dumb and got crushed for being dumb.

      • by ppanon ( 16583 ) on Saturday August 26, 2023 @12:51AM (#63798012) Homepage Journal

        Seriously? No wonder they get blackholed/spam-binned. If that was what was triggering it, it's widespread industry best practice for spam control. They may as well have been Nigerian princes looking to transfer millions to the USA.

        They probably went to a fly-by-night lowest bidder for their mass e-mail service. No wonder alt-right social networks appear to be security sieves if the RNC can't even get that right.

  • by Retired Chemist ( 5039029 ) on Friday August 25, 2023 @05:18PM (#63797244)
    At least two innocent possibilities, at least from Googles point of view. RNC could be really bad at writing money raising emails and setting off the spam filter, or real spammers could be imitating their emails and causing the spam filter to reject the RNCs emails as well. Given the apparent gullibility of some MAGA members, if I was a spammer, I would definitely target them.
    • by 93 Escort Wagon ( 326346 ) on Friday August 25, 2023 @05:46PM (#63797300)

      Well there's another possibility, and it's one that I think is the most likely: If lots of end users are flagging donation solicitations as spam, then Google's filters will start treating them as such.

      Frankly, I flag EVERY solicitation email as spam. Doesn't matter if it's from candidates who hold positions I like, or candidates from the other side - I don't want those unsolicited emails at all.

      • by Retired Chemist ( 5039029 ) on Friday August 25, 2023 @05:50PM (#63797316)
        Excellent point. I do much the same. If the RNC is sending out more, they would get blocked faster, because more people are stopping them.
        • by 93 Escort Wagon ( 326346 ) on Friday August 25, 2023 @06:09PM (#63797364)

          Funny thing is (and I've commented on this before)... while I definitely lean to the left, I hardly ever see solicitation emails from Democrats - just Republicans.

          I'd be curious to hear from folks who see the opposite, or who see equal amounts of email from both sides.

          • by Ogive17 ( 691899 ) on Friday August 25, 2023 @07:03PM (#63797512)
            I have the same experience as you. At some point over the past few decades I have been a registered member of both parties (not at the same time), so my contact details are probably well documented.
            I would say the amount of political solicitation emails I get is at least a 90/10 split favoring Republicans, if not higher. In fact I think they are more persistent than the Nigerian Prince that keeps offering me money.

            So either the bias is deserved because they spam far more, or the bias is actually reversed and they eliminated all the emails coming from Democrats and only some coming from Republicans.
            • by tlhIngan ( 30335 ) <slashdot.worf@net> on Friday August 25, 2023 @11:13PM (#63797906)

              I have the same experience as you. At some point over the past few decades I have been a registered member of both parties (not at the same time), so my contact details are probably well documented.
              I would say the amount of political solicitation emails I get is at least a 90/10 split favoring Republicans, if not higher. In fact I think they are more persistent than the Nigerian Prince that keeps offering me money.

              So either the bias is deserved because they spam far more, or the bias is actually reversed and they eliminated all the emails coming from Democrats and only some coming from Republicans.

              Or maybe it's because the Democrats know their audience and frequent requests for donations just wear people out?

              The number of Republican requests for money is staggering - Donald Trump needs a legal defense fund! Disney is promoting homosexuality - donate to keep California money away from kids! etc. etc. etc. It seems they have raised a culture of fear - "OMG something you are against is happening! Donate now!" and are using fear as the mechanism to get money.

              The democrats don't seem as prone to using fear to solicit, and likely only do it on really big things - like when the Supreme Court overturns Roe v. Wade where there's likely a lot of traction.

              I mean, if you're being bombarded with money requests almost daily from the (R)s while the (D)s send out lower key campaigns that cover things that matter, chances are the latter will go through a spam filter.

              It's also likely the SuperPACs behind the (R)s use the same fear to get money so it's all just "SOMETHING BAD IS HAPPENING DONATE!" "BIDEN JUST COUGHED! DONATE" that most reasonable people just end up deleting as spam. I mean, I bet there are probably still a lot of reasonable (R) voters out there who just want out of this crap and actually do work.

              I mean, there's no need to request donations practically daily - most people don't want to donate more than once per year or so - and when they want to do more, they probably want to do it as a monthly contribution which you can set up during a few strategic times when people feel more charitable.

              • by ppanon ( 16583 ) on Saturday August 26, 2023 @01:04AM (#63798026) Homepage Journal

                The number of Republican requests for money is staggering - Donald Trump needs a legal defense fund! Disney is promoting homosexuality - donate to keep California money away from kids! etc. etc. etc. It seems they have raised a culture of fear - "OMG something you are against is happening! Donate now!" and are using fear as the mechanism to get money.

                It's also worth noting that one of the things they mention in corporate anti-phishing training is that fostering a sense of urgency is a common technique in social engineering attacks. That approach would probably trigger spam/phishing flags in modern email-sanitizing software trained for that phishing tactic, no matter who was using it. It would be trivial to take that same email, swap DNC for RNC and white supremacy or police brutality where Republican mail outs use LGBTQ or some other evangelical/Trumpist hot button, and the email likely would still get spam filtered.

          • by fafalone ( 633739 ) on Friday August 25, 2023 @07:07PM (#63797522)
            I only see them from Democrats, but it's probably because I've given my email to campaigns for progressive candidates.
        • They could be sending the same amount, but it's possible (and correlates with recent election results) that a large cross-section of email recipients find the RNC fundraising emails and whatnot to be unwanted shit clogging their inbox because they fundamentally disagree with the RNC to the point of taking any action further than pressing the delete key.

          I know I've reported more than a few because I really don't want to buy anything they're selling, where I'll just simply delete similar emails from candidate campaigns out of an abundance of apathy.

      • by Xenographic ( 557057 ) on Friday August 25, 2023 @06:22PM (#63797402) Journal

        I get spam from both parties and I want neither, but it still dumped the Democrat garbage into my inbox until I wrote a filter specifically to trash it.

    • by Richard_at_work ( 517087 ) on Friday August 25, 2023 @05:57PM (#63797336)

      Im not American.

      Never lived in America.

      Wont ever be eligible to vote in America.

      Never signed up to *anything* related to a US political party.

      Just checked my Gmail spam folder, and in the past 24 hours Ive received 43 begging emails from legitimate Republican candidates. 2 from Democrats.

      To me, they are spam. They belong where they ended up, in my spam folder.

      I dont give a shit if they are legitimate Republican begging messages, they are spam - I never requested them, I dont want them, they send them anyway.

    • by Baron_Yam ( 643147 ) on Friday August 25, 2023 @06:09PM (#63797366)

      OR... the RNC uses a lot of the dog whistles that get things flagged as militant/extremist, and beyond that they know exactly who they're targeting and write 'spammy' emails to them for the same reason the spammers do - it works on that audience.

    • by jonbryce ( 703250 ) on Saturday August 26, 2023 @07:02AM (#63798478) Homepage

      I get loads of their emails, and, saying as I live in England, and have never even visited the USA, I have absolutely no interest in receiving them; so they all get flagged as spam.

      Also, relative to politics in the UK and Europe, Alexandria Ocasio-Cortez is at the extreme right of the Overton Window, comparable to the likes of Jacob Rees-Mogg, and everyone else in the US is in lunatic nut-fringe territory.

  • user feedback (Score:5, Insightful)

    by awwshit ( 6214476 ) on Friday August 25, 2023 @05:19PM (#63797246)

    I'd guess that some people that received these emails marked them as spam, thus helping Google's filters to filter more similar messages. If users call your messages spam then maybe they are.

    • Re:user feedback (Score:5, Interesting)

      by Major_Disorder ( 5019363 ) on Friday August 25, 2023 @05:43PM (#63797296)

      I'd guess that some people that received these emails marked them as spam, thus helping Google's filters to filter more similar messages. If users call your messages spam then maybe they are.

      I mark ALL political email as spam. I am as unpleasant as humanly possible if they phone me. I even send back nasty text messages if they approach me that way.
      No one, will change their mind about who to vote for based on a phone call or an email.

    • by geekmux ( 1040042 ) on Saturday August 26, 2023 @04:25AM (#63798180)

      I'd guess that some people that received these emails marked them as spam, thus helping Google's filters to filter more similar messages. If users call your messages spam then maybe they are.

      If users are the ones controlling the filters, then Google sure as hell isn't. "Filters" under any level of control by the unwashed masses are now manipulated every time for nefarious gain. Especially politics.. To assume otherwise is to assume spam doesn't exist anymore.

      If we were being honest, all political emails are spam, and damn near every registered voter would see it that way at this point. If 98% of all email flying through the airwaves is legitimately flagged/blocked as spam, then "political" sits at the 98.1% threshold.

      The real fix? Get your politics out of my damn inbox. People have work to do. Go back to spending a hell of a lot less effort spamming inboxes and start showing The People you're a leader by action. Show that you can speak intelligently for more than 90 seconds which is all you're going to get by design from the three-ring circus of monkey shit-throwing we call a televised "debate" these days.

  • by spitzak ( 4019 ) on Friday August 25, 2023 @05:41PM (#63797292) Homepage

    So they are saying the spam filters don't work as well for Democrats than Republicans? I think Democrats may have a case then...

  • by argStyopa ( 232550 ) on Friday August 25, 2023 @06:02PM (#63797348) Journal

    The judge found it troubling that the filter clearly showed bias, but found that a) other providers filters also show bias so it may be part of the process, and b) as a matter of culpability under the law, the gop failed to prove malice and intent.

    Basically the judge AGREED with the basic premise of the suit, it just didn't reach a certain standard of law.

    I'm not sure that's correctly characterized as "tearing it apart".

    • Re:"tears apart"? (Score:5, Informative)

      by dskoll ( 99328 ) on Friday August 25, 2023 @06:11PM (#63797376) Homepage

      The judge did not agree with the basic premise of the suit. From the actual judgement itself:

      [...] the Court does not find the RNC’s allegation that Google was knowingly and purposefully harming the RNC because of political animus to be a “reasonable inference.

      In other words, the judge said it was wrong to conclude that Google knowingly blocked the emails out of political animus. The large email blasts probably simply fell afoul of normal anti-spam heuristics.

      • by argStyopa ( 232550 ) on Saturday August 26, 2023 @09:00AM (#63798714) Journal

        Read the summary:
        "...Calabretta, a Biden appointee, called it "concerning that Gmail's spam filter has a disparate impact on the emails of one political party, ..."

        Read again what I wrote.
        The judge agreed there was a troubling bias.
        The judge disagreed that it was provably purposeful.

        The RNC claimed "Google is blocking our emails because of bias"
        The judge agreed that the first part IS happening. They didn't prove the 2nd bit.

    • by radarskiy ( 2874255 ) on Friday August 25, 2023 @07:16PM (#63797550)

      "The judge found it troubling that the filter clearly showed bias"

      Judges do not decide questions of fact, so the judge here has considered the plaintiff's claims on the assumption that the plaintiff's allegations are true and found that the allegations would not support the claims even if proven.

      However, since the questions of fact were not been settled, the judge cannot contradict the allegations. That doesn't mean the allegations were proven, nor were they disproven.

    • by swillden ( 191260 ) <shawn-ds@willden.org> on Friday August 25, 2023 @09:01PM (#63797732) Journal

      The judge found it troubling that the filter clearly showed bias, but found that a) other providers filters also show bias so it may be part of the process

      I'd guess it's because Republican emails are more likely to use language typically found in spam. I don't get political mail from either side, but I am a lifetime member of the NRA and I used to get a lot of stuff from them... and wow was it spammy, and that was the mail that made it to my inbox. Then I checked my spam folder and found that most of it was going there. So, I actively marked the few messages that did make it to my inbox as spam, and pretty soon I didn't see any of them.

      FWIW, I am very pro-gun, but anti-NRA. Well, actually, I'm very much a fan of the training arm of the NRA, they're serious people who do a great job. I find the political arm of the NRA pretty disgusting, though. I actually agree with their political goals, but I cannot abide people who lie and exaggerate the way they do when trying to scare their members into coughing up more money. The reason I'm a lifetime member is because I'm a firearms instructor in my spare time, and you have to maintain your membership to maintain your instructor certifications. Paying a lump sum was easier than remembering to pay every year.

      • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Saturday August 26, 2023 @04:33AM (#63798196) Homepage Journal

        It's quite disgusting how the NRA has finagled themselves into being a requirement for so many things. A lot of ranges require you to be a NRA member because they offer range insurance, for example.

        • by swillden ( 191260 ) <shawn-ds@willden.org> on Saturday August 26, 2023 @09:20AM (#63798746) Journal

          It's quite disgusting how the NRA has finagled themselves into being a requirement for so many things. A lot of ranges require you to be a NRA member because they offer range insurance, for example.

          Yeah. I wonder what would happen if the NRA separated their membership into two, so you could choose whether to join the training/safety arm but not the political arm. I have absolutely no problem giving money to the former, for instructor credentialing, for range insurance, or even just to support an outstanding organization that does great things for the firearms world, but I don't want to support the political arm. It sounds like you may feel similarly.

          Actually, I'd love to support the political arm, too, if they'd just acquire a little integrity.

  • by zendarva ( 8340223 ) on Friday August 25, 2023 @06:16PM (#63797380)
    I'm glad to know that there are judges who understand how e-mail works at least.
  • by budsetr ( 4952293 ) on Friday August 25, 2023 @07:04PM (#63797518)

    What's next? Content filtering??

    So they block emails about global warming?!? and elections stolen?!?
    Anyway... so Twitter has been renamed

  • by Eunomion ( 8640039 ) on Friday August 25, 2023 @07:19PM (#63797552)
    and then sues Google for having a spam filter.

    Yup, that's Republicans alright. Moral midgets, through and through.
  • by radarskiy ( 2874255 ) on Friday August 25, 2023 @07:23PM (#63797556)

    This would be an excellent time for them to point out that excess RNC mails caught in the spam filter does not prove that they were sent to the spam filter merely because of political bias, and that it's a result that would also be consistent with RNC mails comprising more spam.

    At least it would if they actually understood what the phrase "correlation is not causation" actually meant.

  • by RegistrationIsDumb83 ( 6517138 ) on Friday August 25, 2023 @08:48PM (#63797714)
    Google is a terrible netizen when it comes to spam. They don't have a standard abuse reporting address, and so they emit tons of outbound spam. Inbound delivery to Gmail / Gapps is fraught with false detections of spam. For instance, you might think clicking 'not spam' would put the sender on a whitelist, at least temporarily. Nope, it does nothing. Adding senders to the actual whitelist is a laborious, nonobvious process involving filter set up. It definitely strikes me that google has strong incentive to push company newsletters (even legit opt in ones) off Gmail and onto Google display ads -- a clear conflict of interest. You can have perfect ip reputation, no complaints listed in sender tools, but still get blacklisted with no ability to sort it out with a human. Its very frustrating dealing with Google as a medium sized sender. Now, all that said, RNC might very well be spamming but I don't take Google's word for it. Google owns like half of all inboxes and no one has really taken them to task for their behavior.
    • by Tony Isaac ( 1301187 ) on Friday August 25, 2023 @09:53PM (#63797812) Homepage

      Its very frustrating dealing with Google as a medium sized sender

      This sentence explains your entire post. You are involved in sending bulk email that at least some recipients consider to be spam. Google responds by tagging the emails as spam, as is their design.

      Personally, I use GMail specifically because it has spam filtering that is unrivaled by any other system. I don't know who your "senders" are, but I'm going to bet that if their email reached me, I'd mark them as spam too.

    • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Saturday August 26, 2023 @04:24AM (#63798178) Homepage Journal

      I've never had anything I marked not spam get classified as spam.

      I get hundreds of spams a day on my gmail and the false positive rate is minuscule.

      You're mad because you're a spammer, and your spam isn't reaching people. Stop spamming, spammer.

  • "It's a f---g filter for chrissake! We got a gazillion things to worry about, and they're worried about SPAM! If they ever bring this up again, so help me, just use the last bit of ammo reserved in that chamber...

    • by armada ( 553343 ) on Saturday August 26, 2023 @07:22AM (#63798500)

      "It's a f---g filter for chrissake! We got a gazillion things to worry about, and they're worried about SPAM! If they ever bring this up again, so help me, just use the last bit of ammo reserved in that chamber...

      If it turned out to be true, you don't think that the largest email provider opting to decide who can and can not see what ideas is not bad? Not even on /.? Or is this one of those "nothingburger" gaslighting techniques?

  • by cascadingstylesheet ( 140919 ) on Saturday August 26, 2023 @08:20AM (#63798626) Journal

    ... the judge admitted they were biased, but concluded that the bias wasn't in bad faith?

    How are we supposed to use that for today's two minutes hate??

  • by Growlley ( 6732614 ) on Saturday August 26, 2023 @09:51AM (#63798818)
    but by god they dont admit to it in public.
  • by BrendaEM ( 871664 ) on Saturday August 26, 2023 @10:34AM (#63798902) Homepage
    What, people don't want to have their rights taken away by dictators? People don't hateful leaders?

After all is said and done, a hell of a lot more is said than done.

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