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23andMe changed its terms of service to prevent hacked customers from suing

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Re: 23andMe changed its terms of service to prevent hacked customers from suing

#12
Automatically opting-in customers to a more restrictive TOS is pretty suspect, especially given the timing. IANAL, but I'm pretty sure that a court would not allow that, given that the TOS was changed AFTER the breach and it's pretty clear that the company is trying to avoid legal issues after-the-fact.

I would expect the court would evaluate any breach under the TOS that was in effect at the time of the breach, rather than under a new (and arguably suspect one) that was put in place after it, arguably in an attempt to "rewrite history".

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#13
post #6

I'm not a lawyer but I doubt that this will matter in the court because the time of actions matter; or in another words at the time when user registered they agreed to TOS A and later when 23andMe changed their TOS A to TOS B they achieved nothing because you can't unregister users and register them again and force them to agree to the new TOS B. I mean they can ask you to agree to new TOS but you don't have to becau…

> I mean they can ask you to agree to new TOS but you don't have to because TOS is not a law

Aren't they forcing you to agree to the new TOS to continue using the product?

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#15

I don't understand how this is even legal but it has been widespread adopted without a backlash.

The older I get, the more I learn that "legal" doesn't mean what's on the books, it means what some entity cares to enforce.

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#16

Thanks for sharing. Will def opt out and roll into the class action suits already filed. Take security seriously people. Especially when dealing with super sensitive data.

Why did you send them your DNA? It was pretty obvious from day 1 that sending some random startup on the internet my DNA was a bad move.

No, I don't think that that's obvious. At least in the US, there are already protections for genetic information (including but not limited to GINA [1]).

In the long run, I think keeping your genetic information private will be untenable- the potential benefits will outweigh the drawbacks. Plus, anyone sufficiently motivated could get your DNA somehow, you shed your DNA everywhere you go, no getting around that.

So what's left is to urge your representatives to maintain and strengthen regulations on how that information can be used, and in the long run we'll just have to trust that that will be enough.

[1] https://en.wikipedia.org/wiki/Genetic_Information_Nondiscrim...

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#17
post #7

To duck out of the new ToS, just write this email to legal@23andme.com-- To Whom It May Concern: My name is [name], and my 23andMe account is under the email [email]. I am writing to declare that I do not agree to the new terms of service at https://www.23andme.com/legal/terms-of-service/ .

I don't give Facebook permission to use my pictures, my information or my publications, both of the past and the future, mine or those where I show up. By this statement, I give my notice to Facebook it is strictly forbidden to disclose, copy, distribute, give, sell my information, photos or take any other action against me on the basis of this profile and/or its contents. The content of this profile is private and confidential information. The violation of privacy can be punished by law (UCC 1-308-1 1 308-103 and the Rome statute). Note: Facebook is now a public entity. All members must post a note like this. If you prefer, you can copy and paste this version. If you do not publish a statement at least once, you have given the tacit agreement allowing the use of your photos, as well as the information contained in the updates of the state of the profile. Do not share. You have to copy.

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#18

Thanks for sharing. Will def opt out and roll into the class action suits already filed. Take security seriously people. Especially when dealing with super sensitive data.

[flagged]

Most of the time we're leaking our DNA all over the place by existing

Re: 23andMe changed its terms of service to prevent hacked customers from suing

#20

Thanks for sharing. Will def opt out and roll into the class action suits already filed. Take security seriously people. Especially when dealing with super sensitive data.

Same, excited to receive my check for $0.25 in 3 years (seriously though, I wonder if we should file in small claims court or something as well?)
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