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Comment on Thomas 🔭✨ (@thomasfuchs@hachyderm.io) 23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome

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Kbobabob@lemmy.world ⁨9⁩ ⁨months⁩ ago

Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don’t see the issue.

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NAK@lemmy.world ⁨9⁩ ⁨months⁩ ago
en.m.wikipedia.org/wiki/Non-repudiation

Legally you have to be able to prove someone received a thing. It’s why you get served when you’re sued. An agent physically hands you the complaint (or whatever they’re called). If the papers were put in the mail the person being sued could say they never received them.

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- DeadlineX@lemm.ee ⁨9⁩ ⁨months⁩ ago
  Couldn’t the same be said about the TOS updates though? Would they not need to prove it was delivered?
  
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  - Uncle_Bagel@midwest.social ⁨9⁩ ⁨months⁩ ago
    Exactly. That’s why an email saying you are losing your rights unless you opt out is invalid. You cant prove that i ever saw/received that email
    
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  - NAK@lemmy.world ⁨9⁩ ⁨months⁩ ago
    That’s the whole point. They can force you to agree to updated TOS before they allow you to access their app.
    
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- Kbobabob@lemmy.world ⁨9⁩ ⁨months⁩ ago
  Can’t you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
  
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  - NAK@lemmy.world ⁨9⁩ ⁨months⁩ ago
    No. You can confirm the server received it. That’s different from a user opening it and reading it
    
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