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Jon Leibowitz: New FTC chair

Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more aggressive enforcement by the FTC.” We may see more CAN SPAM prosecutions as a result.

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Delivery lore

Number of people believing outrageous statements on the Internet
(Image from Bad Astronomy)
Almost every delivery consultant, delivery expert or deliverability blog offers their secrets to understanding spam filters. As a reader, though, how do you know if the author knows what they’re talking about? For instance, on one of the major delivery blogs had an article today saying that emails with a specific subject line will not get past spam filters.
This type of statement is nothing new. The lore around spam filters and what they do and do not do permeates our industry. Most of the has achieved the status of urban legend, and yet is still repeated as gospel. Proof? I sent an email with the subject line quoted in the above blog post to my aol, yahoo, gmail and hotmail accounts. Within 3 minutes of sending the email it was in the inbox of all 4 accounts
I can come up with any number of reasons why the email ended up in my inbox, rather than being caught by spam filters as the delivery expert originally claimed. But none of those reasons really matter. The expert in question is spreading delivery lore that is demonstrably false. Emails with that subject line will get through spam filters. I even added an extra 4 exclamation points in the subject line.
Not all delivery lore is true. In fact, most lore involving “always” “all” “never” or “none” is not going to be true. Just because you read it on the internet, and because it came from someone claiming to know what they’re talking about does not absolve individual senders from critically thinking about the information.

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Privacy policies in court

Venkat has an analysis of a case where an individual provided a unique address to a vendor and that vendor released the address in violation of the posted privacy policy. The federal court rejected the suit due to the failure of the plaintiff to provide evidence of harm.
I posted last week about privacy policies and how often they are intentionally or unintentionally violated and when email addresses leak. Courts have consistently ruled against plaintiffs. It seems that the courts believe merely revealing information, even in contradiction to a posted privacy policy, is not actionable by the plaintiff.
As a consumer, I really don’t like the ruling. If a company is going to post a privacy policy, then they should follow it and if they don’t, I should be able to hold them responsible for their lies. Back in the land of reality, I am not surprised at the rulings. Individuals have never owned their personal information, it is the property of the people who compile and sell data
It does mean, however, that privacy polices are not worth the paper they’re written on.

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