Defining spam

This is a post I’ve put off for a while as the definition of spam is a sticky subject. There are online fora where the definition of spam has been debated for more than 10 years, and if there isn’t a working definition after all that time, it’s unlikely there will ever be a definition the participants can agree on.
This came up again recently because one of the comments on my “Reputation is not permission” post took me to task for daring to call the mail “spam.” I’m going to assert here that the mail was unsolicited bulk email. I did not ask for it and I know at least 4 other people that received it.
The commenter, and a few marketers, argue that if the mail is sent without any forgery and the mail contains an opt-out link then it is not spam. It is a definition I have only seen folks who want to send unsolicited bulk email use, however. What they are really arguing is their mail isn’t spam because they provide a valid return address and a way to opt-out. Few people actually agree with this definition.
Here are 10 of the many definitions of spam that I’ve seen.

  1. Unsolicited bulk email.
  2. Mail that violates CAN SPAM.
  3. Mail that the recipient doesn’t want want.
  4. Unsolicited bulk commercial e-mails to an individual’s e-mail address without having an existing or prior business/personal relationship or obtaining consent/permission.
  5. Any commercial email.
  6. Any mail that is bulk and that lies about either the identity of the sender, the offer or the ability to opt yourself out.
  7. That which I do not do.
  8. Irrelevant or inappropriate messages sent on the Internet to a large number of newsgroups or users.
  9. Unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups; junk e-mail.
  10. Unwanted or unsolicited commercial e-mail message from someone you do not know or with whom you do not have an established business relationship.

So what is your definition of spam? (and am I absolutely nuts for asking the question?)

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Registration is not permission

“But we only mail people who registered at our website! How can they say we’re spamming?”
In those cases where website registration includes notice that the recipient will be added to a list, and / or the recipient receives an email informing them of the type of email they have agreed to receive there is some permission involved. Without any notice, however, there is no permission. Senders must tell the recipient they should expect to receive mail at the time of registration (or shortly thereafter) otherwise there is not even any pretense of opt-in associated with that registration.
Take, for example, a photographers website. The photographer took photos at a friend’s wedding and put them up on a website for the friend and guests to see. Guests were able to purchase photos directly from the site, if they so desired. In order to control access, the photographer required users to register on the site, including an email address.
None of this is bad. It’s all standard and reasonably good practice.
Unfortunately, the photographer seems to have fallen into the fallacy that everyone who registers at a website wants to receive mail from the website as this morning I received mail from “Kate and Al’s Photos <pictage@pictage.example.com>.” It includes this disclaimer on the bottom:

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Email as a PR problem

Email is a great way to connect to and engage with people. It is also a medium where the sender doesn’t get to control the message as well as they might in other media. This means that sometimes email campaigns go wrong in a way that drives a national news story about how you are a spammer.
In the stress and flurry of dealing with public accusations of spamming many companies overlook the fact that the underlying issue is they are sending mail that the recipients don’t want or don’t expect. If there is a public uproar about your mail as spam, then there is a good chance something in  your email strategy isn’t working.
Even in the recent White House as spammers strategy, there is a strong chance that they are actually using reasonable and industry standard methods to collect email addresses. However, in their case, they are a large target for people to forge email addresses in forms. “Bob doesn’t like the president, but I’ll sign him up for this list so he can learn how things really are.” or “Joe doesn’t like the democrats so I’ll sign him up for their mailings just to piss him off.”

When you are confronted with an email campaign that upsets a large number of people there are a number of steps you should take.
Step 1: Gather information
This includes information internally about what actually happened with the campaign and information from the people who are complaining.
Externally: Get copies of the emails with full headers. If you’re working with people who do not want to reveal any details of the mail they received then you may not be able to fully investigate it, but if they do you will have everything you need right there. Figure out where their address came from (you do have good audit trails for all your email addresses, right?).
Internally: Talk to everyone who worked on that particular campaign. This includes the geek down in the IT department who manages the database. Figure out if anything internally went wrong and mail was sent to people it wasn’t intended for. I know of at least 2 cases where a SQL query was incorrectly set up and the unsubscribe list was mailed by accident.
Step 2: Identify the underlying problem
Look at all the available information and identify what happened. Was there a bad source of email addresses? Did someone submit addresses of spamtraps to a webform? Was there a technical problem? Again, talk to your people internally. In many companies I have noticed a tendency to try and troubleshoot problems like this at very high levels (VP or C-level executives) without involving the employees who probably know exactly what happened. This sometimes leads to mis-identifying the problem. If you can’t identify it, you can’t fix it.
Step 3: Identify the solution
Once you know what the problem was, you can work out a solution. Sometimes these are fairly simple, sometimes not so much. On the simple end you may have to implement some data hygiene. On the more complex end, you may need to change how data is handled completely.
Step 4: Inform the relevant parties of the solution
Make a statement about the problem, that you’ve identified it and that you’ve taken steps to fix it. How you do this is a little outside my area of expertise, although I have participated in crafting the message, rely on your PR folks on how to communicate this. In the Internet space, honesty is prized over spin, so do remember that.
Every company is going to have the occasional problem. In the email space, that tends to result in the company being labeled a spammer. Instead of being defensive about the label, use the accusation to drive internal change to stop your mail from being labeled spam by the recipients.

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