Political insanity with email

In one of the more boneheaded email related moves I’ve seen from a political group ever the Obama / Biden campaign has announced that people can go to their website, enter in the email address of a Republican friend, pay some money, and the campaign will send an email to your (soon to be ex-) friend on your behalf.

This holiday season, we’re giving you a chance to have a little fun at the expense of a Republican in your life by letting them know they inspired you to make a donation to the Obama campaign.
Simply enter their name and email address below. Then, we’ll send them a message letting them know they inspired you to donate. (Don’t worry—we won’t hold on to any of their information.) Obama for America

To quote a friend of mine: “WHAT THE … I DON’T EVEN”
This is going to cause massive delivery nightmares. Do you really think recipients of these emails are not going to hit “This is spam” or complain or block the sender? I have no doubt this list is going to be full of spamtraps and IPs are going to get listed on numerous blocklists and blocked by a bunch of ISPs. And then, THEN we’re going to get the complaints from Obama for America about how evil and anti-American the ISPs and spam filtering companies are for blocking their mail.
If I were a real conspiracy theorist, I’d say that, somehow, the blocking would be turned into Yet Another Law trying to regulate the Internet. It would be named something catchy that has a “meaningful” acronym. Like the “Barring Online Networks from Hindering Elected Americans Deploying Email Dialog” (BONEHEADED act). Or the “Open Access to Political Dialog” (OAPD act).
This is so not going to end well.

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Canada passes anti-spam bill

Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story

Return Path blog post
CAUCE posts
Thin Data implementation guide

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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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The dark side of email marketing

Everyone I talk to when dealing with issues inevitably has to tell me they are legitimate email marketers. They’re not spammers, they’re just business people. I often find it difficult to fathom why they need to tell me this. It’s not like email marketers are criminals or anything.
Two recent stories reminded me how evil some folks are. While I’ve not had any direct contact (that I know of) with any of the players on this end of things I have zero doubt that if they called me they would tell me that they were legitimate email marketers.
In one case, a members of a spam gang kidnapped the teenage daughter of someone investigating their activities. The gang held her for more than 5 years in horrific conditions. Yesterday Joseph Menn, author of “Fatal System Error” posted on Boing Boing that his friend got his daughter back. It is a heartbreaking story and incredibly sobering.
In another case, the Russian police arrested a man who ran spammit.com, a clearinghouse for viagra sellers to find spammers to send their mail. Reports say that mail volumes dropped by a fifth after the site was taken offline.
There is real evil in the email marketing industry. Sure, they’re spammers and we can all stand up and say they’re not legitimate. But, this is what the ISPs and Spamhaus and law enforcement are dealing with on a regular basis.

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