Light blogging for a while

Sorry for the lack of substantive posts, things seem to have gone completely out of control and I’m not finding a lot of extra cycles to sit down and blog. I’ll try and get some stuff up this week, but I’m also getting ready for MAAWG and the sessions I’m a part of there.
There was an interesting post by Romer over on his personal blog. If you don’t know, Romer helps maintain one of the commercial mail filters. He recently got spammed by one of his vendors and talked about how this is probably not the best idea. Al adds his own take on companies assuming permission. I’ve talked about taking permission in the past but haven’t touched on things like “spamming the guy who runs the filter.”
You’d be surprised, or maybe you wouldn’t, about how many people who run filters for large organizations get spammed regularly. You wouldn’t be surprised to find out that those people do factor in their own personal spam load when adjusting their organizational filters.

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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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Who's sharing data

Al has a post asking what people would do if their information was shared after opting out of any sharing.
It’s a tough call and one I think about as I see mail coming to my mailbox to such addresses as laura-sony and laura-quicken and laura-datran. All of these were addresses given to specific companies and where I attempted to opt-out of them sharing my data with other companies. Somewhere along the line, though, the addresses leaked and got into the hands of spammers.
Those addresses are overwhelmed with spams and scams. The frustrating part is there is no way to fix it. Once the addresses are leaked, they’re leaked. They will be receiving spam throughout eternity, even if the companies involved stop selling data or fix their data handling problem.
I don’t know what to do, honestly. If I think it was a one time thing, such as the addresses that started getting spam after the iContact data leak, then I’ll change my address at the vendor and retire the address the spammers have. But with other vendors, I don’t know what happened and I suspect the vendor doesn’t either, and so I can either deal with the spam or hope that I don’t lose real mail from that vendor.
There’s no easy answer. Any time you hand over an email address, or any other form of personal data, you’re trusting in the company, all of their employees and all of their vendors and partners to be honest and competent. This is often not the case.
What do you do?

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Email and law in the news

A couple things related to the intersection of email and law happened recently.
The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief search of public reporting sites shows. The extent and effort they went to in order to stay below the thresholds for losing their merchant accounts is reminiscent of the effort some mailers go through to get mail through ISP filters.
The other bit of interesting reading is the Microsoft motion to dismiss the case brought against them by Holomaxx. It is a relatively short brief (33 pages) and 3 of those pages are simply a listing of the relevant cases demonstrating ISPs are allowed to filter mail as they see fit. 2 more pages are dedicated to listing the relevant Federal and State statutes. I strongly encourage anyone considering suing any large ISP to to read this pleading. These lawyers understand email law inside and out and they are not going to mess around. They also have both statute and case law on their side. They point this out before the end of page 1:

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