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The delivery communication gap

There seems to be a general uptick in the number of specific questions that ESPs and commercial senders are asking recently. I’m getting them from clients, and I’m hearing similar stories from my various contacts over on the ISP side. The questions cover a wide range of areas in email delivery, but the underlying issue is really that there are no real fixed rules about email delivery anymore. The only rule is “send mail users want to receive” and there are no specific guidelines to how to do that.
This is frustrating for a lot of people. They want to know exactly how many complaints they need to stay under. They want to know what “engagement” means and how exactly the ISPs are measuring it. They want to know all of the metrics they need to meet in order to get mail to the inbox.
There is a lot of frustration among senders because they’re not getting the answers they think they need and they feel like the ISPs aren’t listening to them.
Likewise there is a lot of frustration among ISPs because they’re giving answers but they feel like they’re not being heard.
Some of the problem is truly a language difference. A lot of delivery people on the ESP side are marketers first and technologists second. They don’t have operational experience. They don’t have that any feel for the technology behind email and can’t map different failure modes onto their causes. Some of them don’t have any idea how email works under the covers. Likewise, a lot of postmaster people are technologists. They deeply understand their customers and their email servers and don’t speak marketing.
The other issue is the necessary secrecy. Postmasters have been burned in the past and so they have to be vague about what variables they are measuring and how they are weighting them.
All of this leads to a very adversarial environment.
I’ve been talking with a lot of people about this and none of us have any real answers to the solution. Senders say the ISPs should spend more time explaining to the senders what they need to do. ISPs say the senders should stop sending spam.
Am I quite off base here? Is there no communication gap? Am I just cynical and missing some obvious solution? Anyone have any suggestions on how to solve the issue?

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TWSD: keep spamming even when they say they'll stop

About a month ago I posted about receiving spam from a psychic attempting to sell me candles and stuff. The spammer was sending mail from a company called “Garden of Sound” using an ESP called OnLetterhead. A brief investigation led me to believe that unsubscribing from the mail was not going to do anything.
The post prompted an email from Scott B. the VP of Marketing of the company that is responsible for OnLetterhead. I replied to his email, pointing out a number of things he was doing that made his business look like an ESP front for spammers.
After he received my mail he called me to talk to me about the content of my post and the email and to assure me they were immediately implementing one of my suggestion (that they not put a generic “here’s how to unsubscribe” link on their 1000+ link domains, instead have those actually point to their AUP and corporate pages). He also assured me they took my complaint seriously and I would no longer be receiving email.
Guess what?
Garden of Sound is still spamming me from OnLetterhead. They’ve not even managed to implement the changes they pledged would be rolled out the same week as my blog post. Sure, the domain I’m getting spam from is different, the physical postal address is different, the product is different, the friendly from is different. But the preheader still says “this mail sent by Garden of Sound.” It’s all the same list, it’s all the same company, it’s all the same group of spammers.
Despite Scott’s attempt to convince me he wasn’t a spammer, it seems my initial impression was right. OnLetterhead is simply are a company attempting to look like they’re legitimate without actually taking any responsibility for the email going out from their network. They can’t even manage the bare minimum.
It’s companies like this that give the rest of ESPs a bad name.

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The coming changes

Yesterday I talked about how I’m hearing warnings of a coming paradigm shift in the email industry. While these changes will affect all sender, ESPs in particular are going to need to change how they interact with both ISPs and their customers.
Currently, ESPs are able to act as “routine conveyers.” The traffic going across their network is generated by their customers and the ESP only handles technical issues. Responsible ESPs do enforce standards on their customers and expect mailings to meet certain targets. They monitor complaints and unknown users, they monitor blocks and reputation. If customers get out of line, then the ESP steps in and forces their customer to improve their practices. If the customer refuses, then the ESP disconnects them.
Currently standards for email are mostly dictated by the ISPs. Many ESPs take the stance that if any mail that is not blocked by the ISPs then it is acceptable. But just because a certain customer isn’t blocked doesn’t mean they’re sending mail that is wanted by the recipients.
It seems this reactive approach to customer policing may no longer be enough. In fact, one of the large spam filter providers has recently offered their customers the ability to block mail from all ESPs with a single click. This may become a more common response if the ESPs don’t start proactively policing their networks.
Why is this happening? ISPs and filtering companies are seeing increasing percentages of spam coming out of ESP netspace. Current processes for policing customers are extremely reactive and there are many ESPs that are allowing their customers to send measurable percentages of spam. This situation is untenable for the filtering companies or the ISPs and they’re sending out warnings that the ESPs need to stop letting so much spam leave their networks.
Unsurprisingly, there are many members of the ESP community that don’t like this and think the ISPs are overreacting and being overly mean. They do not think the ISPs or filtering companies should be blocking all an ESPs customers just because some of the customers are sending unwanted mail. Paraphrased, some of the things I’ve heard include:

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