It's not illegal to block mail

My post “We’re going to party like it’s 1996” is still getting a lot of comments from people. Based on the comments, either people aren’t reading or my premise wasn’t clear.
Back in 1996 the first lawsuits were brought against ISPs to stop ISPs from blocking email. These suits were failures. Since that time, other senders have attempted to sue ISPs and lost. Laws have been written protecting the rights of the ISPs to block content they deem to be harmful.
Dela says that he was just attempting to open up a conversation, but I don’t see what he thinks the  conversation is. That ISPs shouldn’t block mail their customers want? Sure, OK. We’re agreed on that. Now, define what mail recipients want. I want what mail I want, not what someone else decides I might want.
Marketers need to get over the belief that they own end users mailboxes and that they have some right to send mail to people. You don’t.
When marketers actually start sending wanted mail, to people who actually subscribe – not just make a purchase, or register online or happen to have an easily discoverable email address – then perhaps marketers will have some standing to claim they are being treated illegally. Until and unless that happens, the ISPs are well within their rights to block mail that their users don’t want.

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Email is not direct mail

Had an interesting talk with a colleague at a BBQ this weekend. He was at a large ISP and then moved on to do delivery at a large email marketing company. This marketing company was started by a very successful direct (snail mail) marketer. The CEO believed totally in testing and they measured everything. They knew what colors provoked a better response and which fonts were better received by recipients.
But this wasn’t always enough. They had some spotty delivery and my friend was hired to try and solve the delivery problems. He had some luck and did fix a number of things, but there was a deeper issue he couldn’t address: that email is not direct mail. The types of testing done is the type of testing for direct mail. They were so focused on getting the best response to a particular offer they refused to consider tweaking an offer from their “proven ideal” to stop triggering content filters at some large ISPs. So their ideal offers would sometimes end up in the inbox and sometimes in the bulk folder and sometimes just disappear.
With direct mail, the USPS is required by law to deliver mail to the addressee. Not only that there are a lot of barriers put up to prevent (or discourage) recipients to opt-out of receiving direct mail. This isn’t the case in email. Not only is their no requirement for an ISP to deliver email to recipients, there is actually a law that says that recipients must be able to opt-out from receiving future emails.
Direct marketers are used to having a lot of freedom and control over their mail. They can buy and sell address lists and send almost anything they want without having anyone tell them they can’t. That mindset translates badly into the email space where the ISPs and the recipients have a lot of control over their incoming email. It means that senders with the absolute perfect test copy see delivery problems because their perfect copy looks just like something a spammer would do and gets caught in content filters. It means they come into email and try to buy a list and discover that while it may be financially viable, they have to deal with angry upstreams, blocks at recipient ISPs and sometimes a Spamhaus listing.
Email isn’t the same as direct mail and attempting to map direct mail techniques onto email usually doesn’t work.

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Legitimate mail in spamfilters

It can be difficult and frustrating for a sender to understand they whys and wherefores of spam filtering. Clearly the sender is not spamming, so why is their mail getting caught in spam filters?
I have a client that goes through this frustration on rare occasions. They send well crafted, fun, engaging content that their users really want. They have a solid reputation at the ISPs and their inbox stats are always above 98%. Very, very occasionally, though, they will see some filtering difficulties at Postini. It’s sad for all of us because Postini doesn’t tell us enough about what they’re doing to understand what my client is doing to trigger the filters. They get frustrated because they don’t know what’s going wrong; I get frustrated because I can’t really help them, and I’m sure their recipients are frustrated because they don’t get their wanted mail.
Why do a lot of filter vendors not communicate back to listees? Because not all senders are like my clients. Some senders send mail that recipients can take or leave. If the newsletter shows up in their inbox they may read it. If the ad gets in front of their face, they may click through. But, if the mail doesn’t show up, they don’t care. They certainly aren’t going to look for the mail in their bulk folder. Other senders send mail that users really don’t want. It is, flat out, spam.
The thing is, all these senders describe themselves as legitimate email marketers. They harvest addresses, they purchase lists, they send mail to spamtraps, and they still don’t describe themselves as spammers. Some of them have even ended up in court for violating various anti-spam laws and they still claim they’re not spammers.
Senders are competing with spammers for bandwidth and resources at the ISPs, they’re competing for postmaster attention at the ISPs and they’re competing for eyeballs in crowded inboxes.
It’s the sheer volume of spam and the crafty evilness of spammers that drives the constant change and improvement in spamfilters. It’s tough to keep up with the spamfilters because they’re trying to keep up with the spammers. And the spammers are continually looking for new ways to exploit recipients.
It can be a challenge to send relevant, engaging email while dealing with spamfilters and ISPs. But that’s what makes this job so much fun.

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Legitimate email marketers need to take a stand

I was reading an article on Virus Rants and the opening paragraph really stood out.

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