GDPR is nearing the last 7 months of its 2 year transitional implementation before becoming part of the law in EU countries (inc., despite Brexit, the UK), affecting 0.5bn citizens together with US enterprises in under Privacy Shield (replacing Safe Harbour) as well as enterprises in EEA member countries and, outside of the EEA, countries whose privacy laws have been assessed for adequacy. Operators of lists such as MM are as much called-to-account as are the vast corporations behind popular social media that currently absolve themselves as being mere publishers.
Below is an initial impact assessment (vs. MM 2.1.14) of high priority impacts in bullet-point form for immediate consideration based on my current understanding. Where changes are required, they are required for continued use of MM in EU countries and in adequate countries (inc. EU-US Privacy Shield) where one or more list members is an identifiable EU citizen.
The term consent has a specific meaning within GDPR (i.e. one of a number of lawful bases on which personal data may be processed). The subscribe web flow and subscribe/confirm email exchanges should be edited to use the term "consent" rather than "confirm" where appropriate to make that consent explicit.
The term restriction has a specific meaning within GDPR (in general it means suspending any use (processing) or disclosure of personal data. Nomail could usefully be renamed as "Restriction" and the Nomail functionality extended made to operate both ways, i.e. restricting members from posting and restricting (suppresing) retrieval of a restricted member's details in a list of [subscribed] members.
GDPR places strong record-keeping obligations on data controllers. It implies that audit trails of consent be maintained. A per-subscriber report that shows how they were subscribed, keeping details of ip addresses of browser used if by web etc., log of all preference changes made etc. is a Should-Have requirement. A per-list-report perhaps showing less detail (e.g. method of subscription and time and date of consent) is a a Could-Have requirement.
GDPR provides that the right of erasure (that has coloquially become known as the "right to be forgotten) be provided upon request. In addition ot unsubscribing from a list, a list subscriber Should be able to initiate automated erasure from the site archive of all posts of and from a given subscriber.
There seems no reason for erasure to be moderated. Using the existing password authentication or a confirm string, subscribers could be provided with the ability themselves to erase their personal details from the site, including all archived posts, without administrative intervention or incurring the delays inherent with moderation.
GDPR doesn't provide for selective erasure, for example in the case of a non-factual, inflamatory or libelous post that a subscriber wishes to have removed; all-or-nothing will suffice for compliance with GDPR. Erasure is required to uphold a right so is a Should-Have requirement.
GDPR enshrines 7 principles and 8, legally-enforceable, rights. While "Privacy by Design and by Default" is not actually one of the principles it is a mandatory approach. The default for list settings should be to
i) to close lists, making posting to lists restricted to members;
ii) to hide or disguise identities in automatically-added elements of list members' posts (e.g. in "From:");
iii) to hide or disguise identities inadvertently disclosed in list members' posts e.g. from quoting others etc. (My interpretation is that no risk arises to the operator of the list where member 2 quoting text of member 1 where member 1 intentionally included their contact details in a post, for example as a phone number or as "me -at- here"; meaning that it is sufficient to suppres/disguise headers and email addresses entered un-disguised by posters)
iv) either to disallow retrieval of list members to [even] subscribed members, or to hide/disguise addresses in retrieved lists;
v) to archive privately, requiring authentication and and keeping records (logging) of to whom information on the archive was disclosed;
vi) on closed lists (the default), disallow the posting of HTML by which otherwise members might seek to obtain the identity of others through inclusion of web bugs/beacons.
tl;dr I don't think this is worth thinking about until we get a request from users who actually are threatened with liability for their Mailman installations.
Suggestions from where we can obtain funding to do this stuff? The harder parts are non-trivial.
noskcaJ leahciM writes:
- The term consent has a specific meaning within GDPR (i.e. one of a number of lawful bases on which personal data may be processed). The subscribe web flow and subscribe/confirm email exchanges should be edited to use the term "consent" rather than "confirm" where appropriate to make that consent explicit.
I don't think this is something we should do blindly. If a list owner or site affected by GDPR wants to consult a lawyer and contribute that knowledge, I think we should follow up with changes, but I can see issues that would involves potential liability for our users if we use a word that has legal meaning and our procedures aren't up to the standard.
- The term restriction has a specific meaning within GDPR (in general it means suspending any use (processing) or disclosure of personal data. Nomail could usefully be renamed as "Restriction" and
No, it can't. I see no good reason to include both nomail and privacy protection in a single option. Nomail is very useful without being tied to privacy options.
Nomail functionality extended made to operate both ways, i.e. restricting members from posting
This is not what nomail does. That's moderation. Nomail prevents a subscriber from receiving posts, and is primarily intended as a user option, not an admin option.
and restricting (suppresing) retrieval of a restricted member's details in a list of [subscribed] members.
There's a separate user option for this, IIRC, as well as a global option restricting availability of lists to the list and site admins. I don't see a strong argument for combining these options, or combining retrieval suppression with moderation.
- GDPR places strong record-keeping obligations on data controllers. It implies that audit trails of consent be maintained.
Patches welcome. I don't think this is reasonable to ask of most sites at present, and the security implications of "audit" (identifying and authenticating users and crypto signing said "trails" etc) seem daunting.
- GDPR provides that the right of erasure (that has coloquially become known as the "right to be forgotten) be provided upon request. In addition ot unsubscribing from a list, a list subscriber Should be able to initiate automated erasure from the site archive of all posts of and from a given subscriber.
This is simply not feasible to guarantee in Mailman 3, since we deliberately separated the archiver and sites (even individual lists) may supply their own. This also raises hairy issues about authentication.
There seems no reason for erasure to be moderated. Using the existing password authentication or a confirm string, subscribers could be provided with the ability themselves to erase their personal details from the site,
This is not necessarily under control of Mailman.
including all archived posts, without administrative intervention or incurring the delays inherent with moderation.
I don't think the existing authentication features are sufficiently reliable for this. Specifically, I would imagine that the rights embodied in GDPR inhere in *human persons*, not in email mailboxes. Yet in fact in all current authentication done by Mailman only mailboxes are identified, not persons.
GDPR doesn't provide for selective erasure, for example in the case of a non-factual, inflamatory or libelous post that a subscriber wishes to have removed; all-or-nothing will suffice for compliance with GDPR. Erasure is required to uphold a right so is a Should-Have requirement.
GDPR enshrines 7 principles and 8, legally-enforceable, rights. While "Privacy by Design and by Default" is not actually one of the principles it is a mandatory approach. The default for list settings should be to
i) to close lists, making posting to lists restricted to members;
This is something we should do anyway, since restricting posting to members is generally a regrettable but necessary spam-control practice.
ii) to hide or disguise identities in automatically-added elements of list members' posts (e.g. in "From:");
That's not reasonable. The list does not "own" or add From (or To or Cc, for that matter); the author does. In the general case, identity can be concealed by the poster if they want to by acquiring an additional mailbox. Some effort to prevent address harvesting from archives by spammers is reasonable, but hiding identity is another matter entirely.
iii) to hide or disguise identities inadvertently disclosed in list members' posts e.g. from quoting others etc.
That's not reasonable. As above, we don't own the text, the poster does. Again, discouraging harvesting is reasonable, but hiding identities in text is not a reasonable requirement.
iv) either to disallow retrieval of list members to [even] subscribed members, or to hide/disguise addresses in retrieved lists;
Options are present. Changing defaults if necessary is not a big deal.
v) to archive privately, requiring authentication
I don't like this (in my use cases, public archives are usually desirable), but it might be reasonable as a default.
and and keeping records (logging) of to whom information on the archive was disclosed;
This is unreasonable. Of course HTTP accesses are logged, and with access limited to authenticated subscribers the relevant list user is known, but in general there is no *identification*. Furthermore, this is invading the *reader's* privacy in any case where personal information intended to be closely held is not disclosed.
vi) on closed lists (the default), disallow the posting of HTML by which otherwise members might seek to obtain the identity of others through inclusion of web bugs/beacons.
We already have an option to refuse HTML. But users don't like that. Accurately restricting what can be posted sounds difficult to me, but patches welcome.
Steve
noskcaJ leahciM wrote:
GDPR is nearing the last 7 months of its 2 year transitional implementation before becoming part of the law in EU countries (inc., despite Brexit, the UK), affecting 0.5bn citizens together with US enterprises in under Privacy Shield (replacing Safe Harbour) as well as enterprises in EEA member countries and, outside of the EEA, countries whose privacy laws have been assessed for adequacy. Operators of lists such as MM are as much called-to-account as are the vast corporations behind popular social media that currently absolve themselves as being mere publishers.
GDRP may be well-intentioned, and may even be a good idea, but I know for a fact that many organizations both commercial and volunteer are struggling mightily to comply within the required timeframe. I suspect that many such organization will simply not be able to comply.
Realistically, there is no way the GNU Mailman project can comply given our available resources. One outcome could be that our downstream consumers take over that responsibility. Another is that volunteers in our community step up with offers to provide us with their expertise, guidance, and code. We will welcome such volunteers and help ensure that the legal requirements align with project goals, sensibilities, and timelines.
So, if you want to see a GDPR compliant GNU Mailman, please find some people to help us.
Cheers, -Barry
participants (3)
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Barry Warsaw
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noskcaJ leahciM
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Stephen J. Turnbull