Yahoo awarded $610 million
The Federal district court in New York awarded Yahoo $610 million dollars in a suit they filed in 2008.
The Federal district court in New York awarded Yahoo $610 million dollars in a suit they filed in 2008.
I’ve spent much of today talking to various people about IP reputation and bulk foldering. It’s an interesting topic, and one that has changed quite a bit in the past few months. Here are a few of the things I said on the topic.
Generally IPs that the ISP has not seen traffic from before starts out with a slight negative reputation. If you think about all the new IPs that an ISP will see mail from on a daily basis, 99 out of 100 of those will be bot infected windows boxes. So they’re going to treat that mail very suspiciously. And, in the grand scheme of things, that mail is going to be spam a lot more than it’s not going to be spam.
Some ISPs put mail in the inbox and bulk foldering during the whitelisting process. Basically they’re looking to see if your recipients care enough about your mail to look for it in the bulk folder. This then feeds back to create the reputation of the IP address. There is another fairly major ISP that told me that when they’re seeing erratic data for an particular sender they will put some mail in bulk and some mail in the inbox and let the recipients tell the system which is more correct.
That’s what happens while you’re establishing a reputation on an IP. Once there is some history on the IP, things get a little different. At that point, IP reputation becomes unimportant in terms of bulk foldering. The ISP knows an IP has a certain level of reputation, and *all* their mail has that level of reputation. So bulk foldering is more related to content and reputation of the domains and URLs in the message.
The other reason IP reputation isn’t trumping domain / content reputation as much as it did in the past is that spammers stomped all over that. Affiliates, snowshoers, botnets, all those methods of sending spam made IP reputation less important and the ISPs had to find new ways to determine spam / not spam.
So if you’re seeing a lot of bulk foldering of mail, it’s unlikely there’s anything IP reputation based to do. Instead of worrying about IP reputation, focus instead on the content of the mail and see what you may need to do to improve the reputation of the domains and URLs (or landing pages) in the emails. While the content may not appear that different, the mere mention of “domain.com” where domain.com is seen in a lot of spam can trigger bulking.
I received this piece of unsolicited email today, to an address harvested off a website. How many CAN SPAM violations can you count?
Read Moreor Why All Of This Is Meaningless:
Guest post by Huey Callison
The analysis of the AARP spam was nice, but looking at the Mainsleaze Spammer Playbook, I can make a few educated guesses at what happens next: absolutely nothing of consequence.
AARP, if they acknowledge this publicly (I bet not) has plausible deniability and can say “It wasn’t us, it was an unscrupulous lead-gen contractor”. They probably send a strongly-worded letter to SureClick that says “Don’t do that again”.
SureClick, if they acknowledge this publicly (I bet not) has plausible deniability and can say ‘It wasn’t us, it was an unscrupulous affiliate”. They probably send a strongly-worded letter to OfferWeb that says “Don’t do that again”.
OfferWeb, if they acknowledge this publicly (I bet not) has plausible deniability and can say ‘It wasn’t us, it was an unscrupulous affiliate”. And maybe they DO fire ‘Andrew Talbot’, but that’s not any kind of victory, because he probably already has accounts with OTHER lead-gen outfits, which might even include those who also have AARP as
a client, or a client-of-a-client.
So the best-case result of this analysis being made public is that two strongly-worded letters get sent, the URLs in the spam and the trail of redirects change slightly, but the spam continues at the same volume and with the same results, and AARP continues to benefit from the millions of spams sent on their behalf.
I’m not a lawyer, but I was under the impression that CAN-SPAM imposed liability on the organization that was ultimately responsible for the spam being sent, but until the FTC pursues action against someone like this, or Gevalia, corporations and organizations will continue to get away with supporting, and benefiting from, millions and millions of spams.
As JD pointed out in a comment to a previous post: sorry, AARP, but none of us are going to be able to retire any time soon.