Political Spam

At Adventures in Email Marketing, there is a post up this morning about political spam. It seems Anna discovered that providing her email address on her voter registration card not only results in political groups sending her email to that address, but also that political email does not have to follow the rules of CAN SPAM. The article ends with a few questions and makes some suggestions.

In general, why do politicians get such lax rules? Did the crafters of CAN-SPAM actually thing that candidates would (or could) ethically deal with this? The examples in my inbox show something different.

The flip answer is that the drafters of CAN SPAM are the political candidates and exempted themselves from the law because they did not want to have to follow it.
The less flip answer is that regulating political speech has less legal precedent than regulating commercial speech. Including non-commercial email in CAN SPAM would open the law up to a Constitutional challenge. By not including anything other than commercial speech, which the Supreme Court has ruled can be regulated by the government, there is much less chance that the law will be overturned as unconstitutional. In the 2005 final rule document, the FTC addresses the constitutionality of the law and provides references to case law supporting the role of government to regulate commercial speech (2005 Final rule, p 57 – 64 (link to PDF)).
There have been other reports of political spam this season. Ron Paul supporters used open proxies in China to send spam pushing their candidate. Campaigns of other major candidates have open signups on their web sites, allowing anyone to forge any email address into the form. Political advocacy groups have had similar problems in the past with not verifying subscriptions and therefore generating lots of complaints because the recipient never actually signed up for the mail.
I do have clients who send political mail. What I tell them is that the bar is set so low on CAN SPAM that there is no reason they should not comply with the law even though it does not apply to them. Allowing people to unsubscribe? Providing a physical postal address? Not forging headers? Meeting these conditions is trivial for any legitimate candidate and gives the recipients that warm fuzzy feeling that the candidate is acting in good faith.

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Social network sends spam

Yesterday we talked about social networks that harvest the address books of registered  users and send mail to all those addresses on behalf of their registered user. In the specific case, the registered user did not know that the network was going to send that mail and subsequently apologized to everyone.
That is not the only way social networks collect addresses. After I posted that, Steve mentioned to me that he had been receiving invitations from a different social network. In that case, the sender was unknown to Steve. It was random mail from a random person claiming that they knew each other and should network on this new website site.  After some investigation, Steve discovered that the person making the invitation was the founder of the website in question and there was no previous connection between them.
The founder of the social networking site was harvesting email addresses and sending out spam inviting people he did not know to join his site.
Social networking is making huge use of email. Many of my new clients are social networking sites having problems delivering mail. Like with most things, there are some good guys who really do respect their users and their privacy and personal information. There are also bad guys who will do anything they can to grow a site, including appropriating their users information and the information of all their users correspondents.
It is relatively early in the social networking product cycle. It remains to be seen how much of an impact the spammers and sloppier end will have. If too much spam gets through, the spam filters and ISPs will adapt and social networks will have to focus more on respecting users and potential users in order for their mail to get delivered.

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Verifying email addresses

Over at CircleID Aviram Jenik posts about using email addresses as identification and how that can go horribly wrong if the website does no verification. In his case, the problem is a user who has made a purchase using Aviram’s gmail address and Aviram now has access to the other users personal information. As he explains it:

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Botnets

Terry Zink has been posting articles about botnets as traced by Hotmail. I do not often talk about botnets as they are outside my area of expertise. They are not something I deal with, as no one who uses botnets is welcome as a client here.
My clients and I, however, do have to deal with the fallout from botnets.  Because of botnets, receiver ISPs are extremely suspicious of mail from any IP address that they have not seen mail from previously. Mail from new IPs is, more often than not, a newly infected Windows machine. This results in mail from new IPs not starting with a reputation of zero but starting with a negative reputation.
Botnets are another example of spammers making it more difficult for mailers with permission to use email.

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