New EU directives

The EU has published consumer protection directives. Members states have 2 years to implement and enforce these directives.
The interesting bit is this:

3) Banning pre-ticked boxes on websites
When shopping online – for instance buying a plane ticket – you may be offered additional options during the purchase process, such as travel insurance or car rental. These additional services may be offered through so-called ‘pre-ticked’ boxes. Consumers are currently often forced to untick those boxes if they do not want these extra services. With the new Directive, pre-ticked boxes will be banned across the European Union.

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Click-wrap licenses again

Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.

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Are you sure? Part 2

There was a bit of discussion about yesterday’s blog post over on my G+ circles. One person was telling me that “did you forget you opted-in?” was a perfectly valid question. He also commented he’s had the same address for 20 years and that he does, sometimes forget he opted in to mail years ago.
As an anti-spammer with the idea that it’s all about consent, I can see his point. Anti-spammers, for years, have chanted the mantra: “it’s about consent, not content.” Which is a short, pithy way to say they don’t care what you send people, as long as the recipients themselves have asked for it.
This is the perfect bumper sticker policy. As with most bumper sticker policies, though, it’s too short to deal with the messy realities.
I’m not knocking consent. Consent is great. Every bulk mailer should only be sending mail to people who have asked or agreed to receive that mail.
But if your focus is on delivery and getting mail to the recipient’s inbox and getting the recipient to react to that mail then you can’t just fall back on consent. You have to send them mail that they expect. You have to send them mail that they like. You have to send them mail they will open, read and interact with.
If your permission based recipients are saying they forgot that they signed up for mail, that is a sign that the sender’s program is futile. These are people who, at one point or another, actually asked to receive mail from a sender, and then the mail they receive is so unremarkable that they totally forget about the sender.
Maybe that’s another reason the question “are you sure you didn’t forget you opted in” from clients bothers me so much. If I signed up and forgot that points to problems in your program, mostly that it’s totally unremarkable and your subscribers can forget.

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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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