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

I don't see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.

Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you've accepted and even then it would not work in the European Union, because that's listed in the forbidden clauses registry.

"But they clicked the imaginary button, your Honor. How can they still have rights ?"

"They lost my genome" is certainly a 2023 phrase.

If anyone wants my genetic information just come to my door and I'll supply it to you directly 😏

I feel like the TOS you are subject to is the one you signed when you first used the service. Unless you have been constantly using their service, I can't see how a new TOS would affect you. I could be WAAY off here because IANAL, but a company can't just retroactively change the TOS for customers without some kind of action taken by the customers under the new TOS.

Isn't this illegal?

The real question is why would you put your genome into the hands of a company without a compelling reason beyond "This sounds cool"

I had them destroy my sample and delete my data the week they went public, so I'm glad we've finally reached the "I told you so" phase of this.

Nobody's genome was lost. What happened was, users with weak passwords had their accounts compromised, something like less than 2,000 of them, and from those accounts, bad actors were able to access and download family tree data for something like 6.5 million accounts.

I don't really see how the data lost is actionable in any way except for the spoofed "Hey gramma! It's me! I'm in jail and I need bail money!" phone calls.

They didn't lose it, they know exactly where it went

So, our main interactions happened in the past, your fault and abuse of me happened in the past, and now, in the present, you can slip a little "go out of your way or the legal terms governing our interactions in the past will be altered" clause in an email, and it's all legal?

(Hold on, let me try applying a rule of thumb that helps me answer legal questions like this: Would this help the rich and powerful maintain riches and power?... Yes. I think the answer to my question above is yes.)

I'd argue the the interactions and faults of the past should be governed by the agreement we had in the past.

Did they lose anyone's genome? That's not what's been reported. They certainly lost customer information and this is definitely a super shitty move to trick you into waiving some rights, but I've seen no reporting that says they lost full DNA information.

Thanks for sharing this

bruh

Wow, that's dirty. The email you need to opt out at is different from what they link. If you don't respond, you automatically agree to their new TOS which bars you from taking class action against them. Shady af.

Then it should have been upvoted for reality.

Ok but is fuchs a real last name lol

If you were dumb enough to pay someone to take your genome for profit, a second grift is just icing on the cake.

I'd pass this around if the writer knew another adverb. I'm tired of 'litchally' people.

People starting to realize just now to never trust the Jews?

How is this a trick?