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.

The coming changes
AOL announces new postmaster pages

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TWSD: Run, hide and obfuscate

Spammers and spamming companies have elevated obfuscating their corporate identities to an artform. Some of the more dedicated, but just this side of legal, spammers set up 3 or 4 different front companies: one to sell advertising, one or more to actually send mail, one to get connectivity and one as a backup for when the first three fail. Because they use rotating domain names and IP addresses all hidden behind fake names or “privacy protection services”, the actual spammer can be impossible to track without court documents.
One example of this is Ken Magill’s ongoing series of reports about EmailAppenders.
Aug 5, 2008 Ouch: A List-Purchase Nighmare
Sept 9, 2008 Umm… About EmailAppenders’ NYC Office
Sept 15, 2008 E-mail Appending Plot Thickens
Nov 11, 2008 EmailAppenders Hawking Bogus List, Claims Publisher
Dec 23, 2008 Internet Retailer Sues EmailAppenders
Feb 1, 2009 EmailAppenders Update
Mar 10, 2009 Another Bogus E-mail List Claimed
April 14, 2009 EmailAppenders a Court No-Show, Says Internet Retailer
April 21, 2009 EmailAppenders Gone? New Firm Surfaces
May 5, 2009 EmailAppenders Back with New Web Site, New Name
Their actions, chronicled in his posts, are exactly what I see list providers, list brokers and “affiliate marketers” do every day. They hide, they lie, they cheat and they obfuscate. When someone finally decides to sue, they dissolve one company and start another. Every new article demonstrates what spammers do in order to stay one step ahead of their victims.
While Ken has chronicled one example of this, there are dozens of similar scammers. Many of them don’t have a persistent reporter documenting all the company changes, so normal due diligence searches fail to turn up any of the truth. Companies looking for affiliates or list sources often fall victim to scammers and spammers, and suffer delivery and reputation problems as a result.
Companies that insist on using list sellers, lead generation companies and affilates must protect themselves from these sorts of scammers. Due diligence can be a challenge, because of the many names, domains and businesses these companies hide behind. Those tasked with investigating affiliates, address sources or or mailing partners can use some of the same investigative techniques Ken did to identify potential problems.

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TWSD: My lunch is not spam

My ISP information page occasionally gets trackback pings from various blog posts. This week one of the trackbacks was from a blog post titled “One man’s Spam is another man’s lunch.” The theme of the blog post was that email marketers are poor, put upon business people that have to contend with all sorts of horrible responses from recipients, spam filtering companies and ISPs.
Since the poster took the time to link to my blog, I thought I’d take the time to look in detail at his post and talk about how likely it is to work.

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TWSD: Privacy protection for commercial domains

One of my major pet peeves is supposedly legitimate companies hiding behind privacy protection in their whois records. There is absolutely no reason for a legitimate company to do this. There are lots of reasons a non-legitimate company might want to hide behind privacy services, but I have never heard a good reason for legitimate companies to hide.
Look, a company sending any commercial email is required by law to provide a physical postal address in every email they send. What point is there, then, to hiding addresses in whois records? The only thing it does is make a sender look like a spammer. If a sender is a business, then they need to have a real business address anyway, and that address should be available in their domain registration.
It may seem like a trivial point, it may seem minor, but spammers use domain privacy services to hide the various tendrils of their businesses. They don’t want anyone to be able to tell that domain A is related to domain B is related to domain C. Proxy services let them trivially hide their identities. This is the major business use of privacy protection. Real companies don’t need to hide behind privacy services.
Using domain privacy services make senders look like spammers. One trivial thing that ISPs can do is stop providing FBLs or whitelistings to domains behind privacy services. This will weed out spammers without doing harm to real senders. Certification services can refuse to certify companies that hide their identity. My small contribution to the cause is to refuse to represent any company to an ISP if their domain is behind a privacy service.
Just to be clear, I have no problem with personal, non-business domains using privacy services. There are valid reasons individuals may want to hide their physical location. But businesses? Step up and quit hiding.
On the subject of privacy services, Mickey recently reviewed a court ruling that commented on the legality of using privacy services. The court says:

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