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David Andersen

Well that's fucking sleazy, but not surprising: #23andme just mailed out a "hey we're changing our ToS (to screw your ability to file a class-action lawsuit against us because of our breach) and if you don't do anything, YOU AGREE TO IT".. before actually notifying customers whether they're part of the 6.9 million breached accounts.

(I have told them to soak their heads.)

14 comments
Darryl Ramm

@dave_andersen Assholes. A click on like was not enough.

I'll sure be judging the VCs on the board of directors by their response. Esp. if Wojcicki is not fired for this.

Dustin D. Wind

@dave_andersen TOS is the new Catch-22, thanks to corporate-friendly courts who would let you sell yourself into slavery if "you agreed to it".

Below: In the book that gave us the expression, Capt. Yossarian repeatedly runs into every sort of absurdity under the sun, all of which is supposedly justified by a single regulation ("Catch-22"). This is the moment when he finds out what the regulation actually says.

Darryl Ramm

@dave_andersen Lets just all be clear that the reasons that any of us might have an account on 23and Me has absolutely nothing to do with this sperm donor scam: youtube.com/watch?v=Hr2Q6Kq844 🙂

Soozcat

@dave_andersen Oh, I'm so glad I read this. I have a 23andMe test kit here that I haven't used, and now never will.

shrmanator

@dave_andersen Is this only legal in certain jurisdictions? How is this legal at all? It's like "by using this service for 30 days you agree to any and all terms that we may change from time to time". Someone's reputation needs to be dragged through the mud for this stunt.

David Andersen

@shrmanator Contract law is quite flexible. I didn't look at their original ToS but it probably had a provision for this type of modification.

shrmanator

@dave_andersen Right, but there are certain things you can't legally sign away even if they are in a contract. Automatically agreeing to the terms of a new contract if you do do nothing seems like it should fall in that category 😑

omripresent

@dave_andersen (copy/pasting this reply from another thread) The TOS also specifics to email arbitrationoptout@23andme.com where the notify us link is to their legal dept.

@thomasfuchs has a good post and a template to send them hachyderm.io/@thomasfuchs/1115

Martin Tilo Schmitz

@dave_andersen this reminds me of the MyHeritage leaks. My dad used it for building an ancestry tree and added our emails. Then we started getting flooded by spam.

>3 months later they admitted to a hack and data breach and storing the pwds in clear, but afaik never notified us, I just found out through my password manager. It's thankfully an email address I hardly use but it's trashed now.

Cue a year or so later: hey, don't you want to test your DNA and store it with us?
-🤔 how about... No?

@dave_andersen this reminds me of the MyHeritage leaks. My dad used it for building an ancestry tree and added our emails. Then we started getting flooded by spam.

>3 months later they admitted to a hack and data breach and storing the pwds in clear, but afaik never notified us, I just found out through my password manager. It's thankfully an email address I hardly use but it's trashed now.

Martin Tilo Schmitz

@dave_andersen suffice to say, my trust in these platforms to do right by their users is near 0. Not just because of that experience, but also because they are such an obviously interesting target to hack.

Like, this kinda data needs state-level-actor protection.

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