Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Is the Enron E-Mail Data Set Worth All the Mudslinging?

May 28, 2013

First, thanks to Rob Robinson for sending me a compilation of posts regarding the Enron E-Mail Data Set controversy. Between that and all the e-mails I received, there was considerable reading to do (which has seriously impacted the weeding of my gardens!).

Let me try to make my take on events clear by using a Q&A format.

  1. Is the legal status of the data pretty clear? Yes, when a court refused to block it from being made public apparently accepting the greater good of its release, the status is pretty clear.
  2. Do I think a court would decide the same way today? Maybe not, because our views of privacy and the misuse of personally identifiable information (PII) have changed.
  3. Should Nuix be taken to task for failure to wholly cleanse the data? I don't think so. I am not inclined to let perfect be the enemy of the good. A lot was cleansed and it may be fair to say that Nuix was surprised by how much PII remained. There is clearly more work to be done, but I don't like poking fingers in corporate eyes without good cause. Nuix, which we use extensively at Sensei, has a great set of products. Moreover, it has been supportive of smaller EDD and digital forensics firms – and a very good corporate citizen in terms of philanthropic efforts. The terms governing the download of the data set made clear that there was no guarantee that all the PII was removed.
  4. So what do I think should happen now? I think it has been, by and large, a good discussion. This data has been public for years and I am unaware of any consequent damage to individuals. That doesn't mean we shouldn't cleanse it – and there are continuing efforts to do so. But it seems to me that it is time to lower the temperature and ratchet down some of the disparaging language. While one can argue that EDRM should have done something about the PII earlier, at least it is doing something now. It may be actively helpful to Nuix to point out PII that was not cleansed so it can figure out why.
  5. Our expectations here should be that we are in the midst of a cleansing process, not looking at the data set in a black or white manner of cleansed or uncleansed. It's ok to communicate via the public domain, but even from the point of view of vendors who have spoken, it is well to remember that "A gentle answer turns away wrath, but a harsh word stirs up anger." And if my Inbox is reflective of how perceptions are running, some of those who have spoken harshly have stirred up anger not against Nuix or EDRM, but themselves.
  6. My suggestion? Collaboration, not criticism. I believe Nuix is anxious to provide the cleanest version of the data possible – to the extent that others can help, it would be a public service. Remember what your teachers said about getting along on the playground? It is still sound advice.

Back to the weeds. 🙂