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.

Guide to resolving ISP issues
Zombie email: Part 1

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There is still a bit of discussion going on around the HBR article on how B2B mail should be opt-out not opt in on various delivery blogs. Over on the Blue Sky Factory blog new daddy (congratulations!) DJ writes a post about why he thinks opt-out in any context is a poor marketing decision.
One of his commenters follows up with a long comment about how recipients shouldn’t get angry when they get unsolicited email from a company they have interacted with.

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Organizing the mail flow

I get a lot of email. On a typical day I will get close to 2000 messages across my various work and personal accounts. About 60 – 70% of that mail is spam and caught by spamassassin or my mta filters and moved into mailboxes that I check once a day for false positives. About 15 – 10% of the remaining mail is from various discussion lists, and those are all sorted into their own mailboxes so I can keep conversations straight. The rest of the email is divided between mail directly to me and various commercial lists I have opted in to.
Up until recently, the commercial mail was all just dumped into my inbox. Nothing special happened to it it just sat there until I could read it. Recently, however, the volume of commercial mail has exploded, swamping my inbox. After losing track of some critical issues, I sat down and fixed my mail filters. Now, all my commercial and marketing mail (ie, mail I signed up for with tagged addresses) is now being filtered into its own mailbox.
There are two takeaways here.
One: the volume of commercial mail has increased significantly. Companies who were previously mailing me once a month are now mailing me twice a week. This contributed to the clutter and resulted in me pushing all commercial mail out of my inbox. I don’t think this increase is limited to just my mailbox, I believe many recipients are seeing an increase in commercial and marketing email, to the point where they’re finding it difficult to keep up with it all.
Two: Recipients have a threshold over which too much email makes their mailbox less usable. Once this threshold is reached they will take steps to change that. In my case, I can just filter all the commercial email as I use tagged addresses for all my signups. In other cases, they may start unsubscribing from all the mail cluttering their mailbox or blocking senders.
It is the tragedy of the commons demonstrated on a small scale.

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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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